### member states shall link their financial measures for energy efficiency improvements in the renovation of buildings to the energy savings achieved due to such renovation . these savings shall be determined by comparing energy performance certificates issued before and after renovation . ; ### member states shall link their financial measures for energy efficiency improvements in the renovation of buildings to the energy savings achieved due to such renovation . ;


### member states shall link their financial measures for energy efficiency improvements in the renovation of buildings to the energy savings achieved due to such renovation . these savings shall be determined by comparing energy performance certificates issued before and after renovation . ; ### member states shall link their financial measures for energy efficiency improvements in the renovation of buildings to the energy savings and indoor air quality improvements achieved due to such renovation . these savings and improvements shall be determined by comparing energy performance certificates issued before and after renovation , or the results of another relevant , transparent and proportionate method that shows the improvement in energy performance , and that delivers meaningful information to support the mobilisation of private and public finance for energy efficiency investments in buildings . ;


### the provisions on long - term renovation strategies provided for in directive 2012 / 27 / eu of the european parliament and of the council13 should be moved to directive 2010 / 31 / eu , where they fit more coherently . _________________ 13 directive 2012 / 27 / eu of the european parliament and of the council of 25 october 2012 on energy efficiency , amending directives 2009 / 125 / ec and 2010 / 30 / eu and repealing directives 2004 / 8 / ec and 2006 / 32 / ec . ### the provisions on long - term renovation strategies provided for in directive 2012 / 27 / eu of the european parliament and of the council13 should be moved to directive 2010 / 31 / eu , where they fit more coherently . financing mechanisms and financial incentives should be given a central position in the member states’ long - term national renovation strategies and be actively promoted by the member states . furthermore , a strategy for promoting specialist support and advice for consumers and for training specialists should be included . _________________ 13 directive 2012 / 27 / eu of the european parliament and of the council of 25 october 2012 on energy efficiency , amending directives 2009 / 125 / ec and 2010 / 30 / eu and repealing directives 2004 / 8 / ec and 2006 / 32 / ec .


### in their long - term renovation strategy referred to in paragraph 1 , member states shall set out a roadmap with clear milestones and measures to deliver on the long - term 2050 goal to decarbonise their national building stock , with specific milestones for 2030 . ### in their long - term renovation strategy referred to in paragraph 1 , member states shall set out a roadmap with clear milestones , actions and measures to deliver on the long - term 2050 goal to ensure a highly energy efficient and decarbonized building stock up to at least near zero energy standard including , where possible , a long - term aim of a bulk of that stock being energy positive , with specific milestones for 2030 and 2040 .


### member states shall ensure that , when a technical building system is installed , replaced or upgraded , the overall energy performance of the complete altered system is assessed , documented it and passed on to the building owner , so that it remains available for the verification of compliance with the minimum requirements set pursuant to paragraph 1 and the issue of energy performance certificates . member states shall ensure that this information is included in the national energy performance certificate database referred to in article 18 . ### member states shall ensure that , when a technical building system is installed , replaced or upgraded , the overall energy and , where relevant , indoor air quality performance of the complete altered system is assessed , documented it and passed on to the building owner , so that it remains available for the verification of compliance with the minimum requirements set pursuant to paragraph 1 and the issue of energy performance certificates . member states shall ensure that this information is included in the national energy performance certificate database referred to in article 18 .


### the energy needs for space heating , space cooling , domestic hot water and adequate ventilation shall be calculated in order to ensure minimum health and comfort levels defined by member states . ### the energy needs for technical building systems shall be calculated in order to ensure minimum health and comfort levels defined by member states


### member states shall ensure that newly built residential buildings and those undergoing major renovations , with more than ten parking spaces , include the pre - cabling to enable the installation of recharging points for electric vehicles for every parking space . ### member states shall ensure that newly built residential buildings and those undergoing significant renovations which affect the electrical infrastructure of the building or of adjacent or integrated parking areas , with more than ten parking spaces , include the appropriate pre - cabling or ducting to enable the installation of recharging points for electric vehicles for every parking space .


### pursuant to paragraph 22 and 23 of the inter - institutional agreement for better law - making of 13 april 201678 , there is a need to evaluate this programme on the basis of information collected through specific monitoring requirements , while avoiding overregulation and administrative burdens , in particular on member states . these requirements , where appropriate , can include measurable indicators , as a basis for evaluating the effects of the programme on the ground . it is of particular importance that the commission carry out appropriate consultations during its preparatory work , including at expert level , and that those consultations be conducted in accordance with the principles laid down in the interinstitutional agreement on better law - making of 13 april 2016 . in particular , to ensure equal participation in the preparation of delegated acts , the european parliament and the council receive all documents at the same time as member states ' experts , and their experts systematically have access to meetings of commission expert groups dealing with the preparation of delegated acts . __________________ 78 interinstitutional agreement between the european parliament , the council of the european union and the european commission on better law - making of 13 april 2016 ; oj l 123 , 12 . 5 . 2016 , p . 1–14 . ### pursuant to paragraph 22 and 23 of the inter - institutional agreement for better law - making of 13 april 201678 , there is a need to evaluate this programme on the basis of information collected through specific monitoring requirements , while avoiding overregulation and administrative burdens , in particular on member states . these requirements should , where appropriate , include measurable indicators , such as gender disaggregated data , as a basis for evaluating the effects of the programme on the ground . it is of particular importance that the commission carry out appropriate consultations during its preparatory work , including at expert level , and that those consultations be conducted in accordance with the principles laid down in the interinstitutional agreement on better law - making of 13 april 2016 . in particular , to ensure equal participation in the preparation of delegated acts , the european parliament and the council receive all documents at the same time as member states ' experts , and their experts systematically have access to meetings of commission expert groups dealing with the preparation of delegated acts . __________________ 78 interinstitutional agreement between the european parliament , the council of the european union and the european commission on better law - making of 13 april 2016 ; oj l 123 , 12 . 5 . 2016 , p . 1–14 .


### the commission shall report on financial instruments , budgetary guarantees , financial assistance in accordance with article 241 and 250 of the financial regulation . to this purpose , the eligible counterparts shall provide annually the information necessary to allow the commission to comply with the reporting obligations . ### the commission shall report on financial instruments , budgetary guarantees , financial assistance in accordance with article 241 and 250 of the financial regulation . this report shall include an evaluation of the results of the actions implemented , in particular with regard to gender equality , based on gender disaggregated data . to this purpose , the eligible counterparts shall provide annually the information necessary to allow the commission to comply with the reporting obligations .


### the partners ' needs , established on the basis of specific criteria , taking into account the population , poverty , inequality , human development , economic and environmental vulnerability , and state and societal resilience ; ### the partners ' needs , established on the basis of specific criteria , taking into account the population , poverty , inequality , human development , the state of human rights and fundamental freedoms , economic and environmental vulnerability , and state and societal resilience . these criteria should be based on data broken down by age and gender in order to be as representative as possible ;


### in line with the principle of inclusive partnership , where appropriate , the commission shall ensure that relevant stakeholders of partner countries , including civil society organisations and local authorities , are duly consulted and have timely access to relevant information allowing them to play a meaningful role during the design , implementation and associated monitoring processes of programmes . ### in line with the principle of inclusive partnership the commission shall ensure that relevant stakeholders of partner countries , including civil society organisations , women’s organisations and local authorities , are duly consulted and have timely access to relevant information and are enabled to play a meaningful role during the design , implementation and associated monitoring processes of programmes .


### needs , using indicators such as population and level of development ; ### needs , using indicators such as population and level of development , focusing particularly on gender gaps and gender inequalities ;


### leading and supporting global efforts , partnerships and alliances to eliminate all forms of violence against women and girls ; this includes physical , psychological , sexual , economic and other types of violence and discrimination , including exclusion that women suffer in the different areas of their private and public lives ; ### leading and supporting global efforts , partnerships and alliances to eliminate all forms of violence and discrimination against women and girls ; this includes physical , psychological , sexual , economic , political and other types of violence and discrimination , including exclusion that women suffer in the different areas of their private and public lives ;


### the general objective of the programme ' neighbourhood , development and international cooperation instrument ' should be to uphold and promote the union ' s values and interests worldwide in order to pursue the objectives and principles of the union ' s external action , as laid down in article 3 , articles 8 and 21 of the treaty on european union . ### the general objective of the programme ' neighbourhood , development and international cooperation instrument ' should be to uphold and promote sustainable development and the fight against inequalities in all their forms , in particular gender inequalities , and to preserve the union ' s values and interests worldwide in order to pursue the objectives and principles of the union ' s external action , as laid down in article 3 , articles 8 and 21 of the treaty on european union .


### programmes and actions under this regulation shall mainstream climate change , environmental protection and gender equality and shall address interlinkages between sustainable development goals , to promote integrated actions that can create co - benefits and meet multiple objectives in a coherent way . these programmes and actions shall be based on an analysis of risks and vulnerabilities , integrate a resilience approach and be conflict sensitive . they shall be guided by the principle of leaving no one behind . ### programmes and actions under this regulation shall mainstream climate change , environmental protection , gender equality and the empowerment of women and girls and shall address interlinkages between sustainable development goals , to promote integrated actions that can create co - benefits and meet multiple objectives in a coherent way . these programmes and actions shall be based on an analysis of risks and vulnerabilities , integrate a resilience approach and be conflict sensitive . they shall be guided by the principle of leaving no one behind .


### pursuant to the sustainable development goals , this regulation should contribute to reinforced monitoring and reporting with a focus on results , covering outputs , outcomes and impacts in partner countries benefiting from the union ' s external financial assistance . in particular , as agreed in the consensus , actions under this regulation are expected to contribute 20 % of the official development assistance funded under this regulation to social inclusion and human development , including gender equality and women ' s empowerment . ### pursuant to the sustainable development goals , this regulation should contribute to reinforced monitoring and reporting with a focus on results , covering outputs , outcomes and impacts in partner countries benefiting from the union ' s external financial assistance . in particular , as agreed in the consensus , actions under this regulation are expected to contribute 20 % of the official development assistance funded under this regulation to social inclusion and human development , with special attention to be paid to basic social services , and in particular health and education , taking into account gender equality and the empowerment of women and girls as a cross - cutting issue .


### programmes and actions under this regulation shall mainstream climate change , environmental protection and gender equality and shall address interlinkages between sustainable development goals , to promote integrated actions that can create co - benefits and meet multiple objectives in a coherent way . these programmes and actions shall be based on an analysis of risks and vulnerabilities , integrate a resilience approach and be conflict sensitive . they shall be guided by the principle of leaving no one behind . ### programmes and actions under this regulation shall mainstream climate change , environmental protection , gender equality and conflict prevention and peace - building , and shall address interlinkages between sustainable development goals , to promote integrated actions that can create co - benefits and meet multiple objectives in a coherent way . these programmes and actions shall be based on an analysis of risks and vulnerabilities , integrate a resilience approach and be conflict sensitive . they shall be guided by the principle of leaving no one behind and ‘ do no harm’ .


### multiannual indicative programmes for thematic programmes shall set out the union ' s strategy , the priorities selected for financing by the union , the specific objectives , the expected results , clear and specific performance indicators , and the international situation and the activities of the main partners for the theme concerned . ### multiannual indicative programmes for thematic programmes shall set out the union ' s strategy , the priorities selected for financing by the union , the specific objectives , the expected results , clear and specific performance indicators , based on gender disaggregated data , and the international situation and the activities of the main partners for the theme concerned .


### cooperation between the union and the member states , on the one hand , and partner countries , on the other hand , shall be based on and shall promote the development effectiveness principles , where applicable , namely : ownership of development priorities by partner countries , a focus on results , inclusive development partnerships , transparency and mutual accountability . the union shall promote effective and efficient resource mobilisation and use . ### cooperation between the union and the member states , on the one hand , and partner countries , on the other hand , shall be based on and shall promote the development effectiveness principles , namely : ownership of development priorities by partner countries , a focus on results , inclusive development partnerships , transparency , mutual accountability and gender equality . the union shall promote effective and efficient resource mobilisation and use .


### where a member state modifies a notified draft measure with the effect of significantly extending its scope or content , or shortening the timetable originally envisaged for implementation , or adding requirements or authorisation schemes , or making those requirements or authorisation schemes more restrictive for the establishment , or the cross - border provision of services , it shall notify the modified draft measure previously notified under paragraph 1 again , including an explanation of the objective and content of the modifications . in such a case , the previous notification shall be deemed to be withdrawn . ### where a member state substantially modifies a draft measure that has already been notified , extending its scope or content , shortening the timetable for implementation , or adding or tightening requirements or authorisation schemes for the cross - border provision of services , the member state shall notify those modifications to the commission , including an explanation of the objective and content thereof . 2bmember states shall not be obliged to notify the changes made during the parliamentary procedure to a draft measure that has been already notified . however , member states shall notify the draft measure containing those changes to the commission once it has been adopted . .


### upon receipt of such an alert , the notifying member state shall not adopt the draft measure for a period of three months after the closure of the consultation period . ### such an alert does not prevent the member state from adopting the corresponding legislation , regulation or administrative act .


### the obligation for member states to notify draft measures laying down authorisation schemes or requirements referred to in article 4 of this directive at least three months before their adoption is designed to ensure that measures to be adopted comply with directive 2006 / 123 / ec . in order for the notification procedure to be effective , a consultation on notified measures should take place sufficiently in advance of their adoption . this is appropriate to foster good cooperation and transparency between the commission and member states and to further develop exchanges between the commission and national authorities on new or amended authorisation schemes and certain requirements covered by directive 2006 / 123 / ec , in accordance with article 4 of the treaty on european union . with a view to ensuring the effectiveness of the procedure , breach of the obligation to notify or to refrain from adopting a notified measure , including during the period following the receipt of an alert , should be considered to be a substantial procedural defect of a serious nature as regards its effects vis - à - vis individuals . ### the obligation for member states to notify draft measures laying down authorisation schemes or requirements referred to in article 4 of this directive at least three months before their adoption is designed to ensure that measures to be adopted comply with directive 2006 / 123 / ec . in order for the notification procedure to be effective , a consultation on notified measures should take place sufficiently in advance of their adoption . this is appropriate to foster good cooperation and transparency between the commission and member states and to further develop exchanges between the commission and national authorities on new or amended authorisation schemes and certain requirements covered by directive 2006 / 123 / ec , in accordance with article 4 of the treaty on european union . with a view to ensuring the effectiveness of the procedure , breach of the obligation to notify a notified measure should be considered to be a substantial procedural defect as regards its effects vis - à - vis individuals , and the consequences for the member states , including professional organisations , should be appropriate and proportionate with regard to the nature and relevance of the draft measure .


### member states shall designate a competent authority responsible at national level for the operation of the notification procedure established by this directive . ### member states shall communicate to the commission an authority responsible at national level for the operation of the notification procedure established by this directive . that designation shall be without prejudice to the allocation of functions and powers among the authorities within national systems .


### the notification obligation established by this directive should apply to regulatory measures of member states , such as laws , regulations , administrative provisions of general nature or any other binding rule of general nature , including rules adopted by professional organisations to regulate in a collective manner access to service activities or the exercise thereof . the notification obligation should on the other hand not apply to individual decisions issued by national authorities . ### the notification obligation established by this directive should apply to regulatory measures of member states , such as laws , regulations and administrative provisions of general nature . the notification obligation should on the other hand not apply to individual decisions adopted by national authorities , to planning instruments , to planning / building legislation or other acts relating to the management of the security and development of territory adopted for that purpose by local bodies .


### by [ 36 months after the date for transposition of this directive ] and at the latest every five years thereafter , the commission shall present a report to the european parliament , the council and the european economic and social committee on the application of this directive . ### by [ 36 months after the date for transposition of this directive ] and at the latest every five years thereafter , the commission shall present a report to the european parliament , the council and the european economic and social committee on the application of this directive , including an assessment of any improper use to circumvent the application of the notification procedure established in this directive .


### where following the consultation the commission still has concerns about the compliance with directive 2006 / 123 / ec of the notified draft measure , it may alert the notifying member state , giving it the opportunity to bring its draft measure into conformity with eu law . that alert should include an explanation of the legal concerns identified by the commission . reception of such an alert entails that the notifying member state shall not adopt the notified measure for three months . ### where the commission has issued comments during the consultation period raising concerns about the compliance with directive 2006 / 123 / ec of the notified draft measure , it may , before the closure of that period and where such concerns persist , issue a notice to the notifying member state , giving it the opportunity to provide further explanations or to bring its measure into conformity with eu law . that notice should include an explanation of the legal concerns identified by the commission . reception of such a notice entails that the notifying member state shall not adopt the notified measure for three months .


### draft measures referred to in paragraphs 1 and 2 shall be notified to the commission at least three months prior to their adoption . ### draft measures referred to in paragraph 1 shall be notified to the commission at least three months prior to their adoption .


### where a member state modifies a notified draft measure with the effect of significantly extending its scope or content , or shortening the timetable originally envisaged for implementation , or adding requirements or authorisation schemes , or making those requirements or authorisation schemes more restrictive for the establishment , or the cross - border provision of services , it shall notify the modified draft measure previously notified under paragraph 1 again , including an explanation of the objective and content of the modifications . in such a case , the previous notification shall be deemed to be withdrawn . ### where a member state significantly modifies a notified draft measure with the effect of making it into a new one , it shall notify the modifications made , including an explanation of the objective and content of such modifications .


### the notification obligation established by this directive should apply to regulatory measures of member states , such as laws , regulations , administrative provisions of general nature or any other binding rule of general nature , including rules adopted by professional organisations to regulate in a collective manner access to service activities or the exercise thereof . the notification obligation should on the other hand not apply to individual decisions issued by national authorities . ### the notification obligation established by this directive should apply to regulatory measures of member states , such as laws , regulations , administrative provisions of general nature or any other binding rule of general nature , including rules adopted by professional organisations to regulate in a collective manner access to service activities or the exercise thereof . the notification obligation should on the other hand not apply to individual decisions issued by national authorities or professional organisations .


### where the commission has issued an alert in accordance with article 6 , it may , within a period of three months after the date of the closure of the consultation period referred to in article 5 , adopt a decision finding the draft measure to be incompatible with directive 2006 / 123 / ec and requiring the member state concerned to refrain from adopting the draft measure or , if such measure has been adopted in breach of article 3 or article 6 , to repeal it . ### where the commission has issued a notice in accordance with article 6 , it may , within a period of three months after the date of the closure of the consultation period referred to in article 5 , adopt a recommendation requesting the member state concerned to refrain from adopting the draft measure or , if such measure has been adopted in breach of article 3 or article 6 , to repeal it .


### the commission and member states may , within a period of two months as of the beginning of the consultation period referred to in paragraph 2 , submit comments to the notifying member state . ### the commission and member states may , within a period of two months as of the beginning of the consultation period referred to in paragraph 2 , submit comments that the notified measure may be incompatible with directive 2006 / 123 / ec and / or other observations to the notifying member state .


### the commission shall publish on a dedicated public website the notifications made by member states under articles 3 and and the related adopted measures . ### the commission shall publish on a dedicated public website the notifications made by member states under articles 3 and and the related adopted measures under article 3 .


### to ensure the efficiency , effectiveness and coherence of the notification procedure , the commission should retain the power to adopt decisions requiring the member state in question to refrain from adopting notified measures or , if already adopted , to repeal them , where they violate directive 2006 / 123 / ec . ### to ensure the efficiency , effectiveness and coherence of the notification procedure , the commission should have the power to adopt reasoned opinions requiring the member state in question to amend notified measures or measures already adopted , taking into account the concerns reported , in accordance with the provisions of directive 2006 / 123 / ec and european union law .


### in the spirit of transparency and cooperation , where substantive amendments are made to a draft measure that is subject to an ongoing notification procedure under this directive , the commission , other member states and stakeholders should be made aware of such amendments by the notifying member state in due time . modifications of merely clerical nature should not be communicated . ### in the spirit of transparency and cooperation , where substantive amendments are made to a draft measure that is subject to an ongoing notification procedure under this directive , the commission , other member states and stakeholders should be made aware of such amendments by the notifying member state in due time . modifications of merely clerical nature should not be communicated . in any event , the notification of substantive amendments should not significantly alter the deadlines set for the consultation . in such cases , the notifying member state should notify those modifications at least one month prior to their adoption .


### where following the consultation the commission still has concerns about the compliance with directive 2006 / 123 / ec of the notified draft measure , it may alert the notifying member state , giving it the opportunity to bring its draft measure into conformity with eu law . that alert should include an explanation of the legal concerns identified by the commission . reception of such an alert entails that the notifying member state shall not adopt the notified measure for three months . ### where following the consultation the commission still has concerns about the compliance with directive 2006 / 123 / ec of the notified draft measure , it may alert the notifying member state , giving it the opportunity to bring its draft measure into conformity with eu law . that alert should include an explanation of the legal concerns identified by the commission or other member states . reception of such an alert entails that the notifying member state shall not adopt the notified measure for three months .


### that information shall identify the overriding reason relating to the public interest pursued and give the reasons why the notified authorisation scheme or requirement is non - discriminatory on grounds of nationality or residence and why it is proportionate . ### justification in substance , to be given at the consultation phase as provided for in article 5 of this directive , and which would respond to the observations of the commission and the member states , shall only specify the overriding reason relating to the public interest pursued and explain why the notified authorisation scheme or requirement is non - discriminatory on grounds of nationality or residence and why it is proportionate .


### where the commission has issued an alert in accordance with article 6 , it may , within a period of three months after the date of the closure of the consultation period referred to in article 5 , adopt a decision finding the draft measure to be incompatible with directive 2006 / 123 / ec and requiring the member state concerned to refrain from adopting the draft measure or , if such measure has been adopted in breach of article 3 or article 6 , to repeal it . ### where the commission has issued a notice in accordance with article 6 on authorisations or requirements falling under the scope of article 4 , and and still has serious concerns about the measure notified in accordance with paragraphs , and of article 3 , it may , within three months from the date of that notice , adopt a recommendation requesting the member state concerned to refrain from adopting the notified measure or to repeal it .


### before the closure of the consultation period referred to in article 5 , the commission may alert the notifying member state of its concerns about the compatibility with directive 2006 / 123 / ec of the draft measure notified and of its intention to adopt a decision referred to in article 7 . ### before the closure of the consultation period referred to in article 5 , the commission may alert the notifying member state , while complying with the principles of subsidiarity and proportionality , of its concerns about the compatibility with directive 2006 / 123 / ec of the draft measure notified , together with the reasons for those concerns .


### the information to be submitted by the notifying member state should be sufficient to assess compliance with directive 2006 / 123 / ec and , in particular , the proportionality of a notified authorisation scheme or requirement . therefore , in accordance with the case - law of the court of justice of the european union , such information should clarify the public interest objective pursued , set out how the notified authorisation scheme or requirement is necessary and justified to meet this objective and explain how it is proportionate in doing so ; thus , it should include explanations on why it is suitable , why it does not go beyond what is necessary and why no alternative and less restrictive means would be available . the reasons which may be invoked by the member state concerned by way of justification should be accompanied by appropriate evidence and by an analysis of the proportionality of the notified measure . ### the information to be submitted by the notifying member state should be sufficient to assess compliance with directive 2006 / 123 / ec . therefore , in accordance with the case - law of the court of justice of the european union , such information should clarify the public interest objective pursued and explain how the notified authorisation scheme or requirement is appropriate for meeting that objective .


### failure to comply with the obligation to notify draft measures at least three months prior to their adoption and / or to refrain from adopting the notified measure during this period and , as the case may be , during the 3 months following the reception of an alert , should be considered to be a substantial procedural defect of a serious nature as regards its effects vis - à - vis individuals . ### failure to comply with the obligation to notify draft measures at least three months prior to their adoption should be considered to be a substantial procedural defect of a serious nature as regards its effects vis - à - vis individuals .


### that information shall identify the overriding reason relating to the public interest pursued and give the reasons why the notified authorisation scheme or requirement is non - discriminatory on grounds of nationality or residence and why it is proportionate . ### that information shall identify the overriding reason relating to the public interest pursued and give the reasons why the notified authorisation scheme or requirement is non - discriminatory and why it is proportionate .


### interested third parties should be given access to notifications sent by member states in order to make them aware of planned authorisation schemes or certain requirements related to services in markets in which they actually or potentially operate and to enable them to provide comments thereon . ### notifications sent by member states should be disclosed to interested third parties , including professional organisations , in order to make them aware of planned authorisation schemes or certain requirements related to services in markets in which they actually or potentially operate and to enable them to provide comments thereon .


### failure to comply with the obligation to notify draft measures at least three months prior to their adoption and / or to refrain from adopting the notified measure during this period and , as the case may be , during the 3 months following the reception of an alert , should be considered to be a substantial procedural defect of a serious nature as regards its effects vis - à - vis individuals . ### failure to comply with the obligation to notify draft measures , or to notify a significantly modified draft measure , or to notify a draft measure within foreseen time limits , and / or to refrain from adopting the notified measure during this period and , as the case may be , during the 3 months following the reception of an alert , should be considered to be a substantial procedural defect of a serious nature as regards its effects vis - à - vis individuals .


### where the commission has issued an alert in accordance with article 6 , it may , within a period of three months after the date of the closure of the consultation period referred to in article 5 , adopt a decision finding the draft measure to be incompatible with directive 2006 / 123 / ec and requiring the member state concerned to refrain from adopting the draft measure or , if such measure has been adopted in breach of article 3 or article 6 , to repeal it . ### where the commission has issued an alert in accordance with article 6 and it still has serious concerns on the measure notified in accordance with article 3 , it may , within a period of three months from the date of such notice adopt a decision requesting the member state concerned to refrain from adopting the notified measure or to repeal it .


### the present directive establishes a consultation of three months to allow an assessment of notified draft measures as well as an effective dialogue with the notifying member state . in order to make the consultation work in practice and to allow member states , the commission and stakeholders to effectively provide their comments , member states should notify draft measures at least three months prior to their adoption . notifying member states should take into account the comments made on the notified draft measure , in compliance with union law . ### the present directive establishes an effective dialogue with the notifying member state . in order to make the consultation work in practice and to allow member states and the commission to effectively provide their comments , member states should notify draft measures prior to their adoption . notifying member states should take into account the comments made on the notified draft measure , in compliance with union law .


### where following the consultation the commission still has concerns about the compliance with directive 2006 / 123 / ec of the notified draft measure , it may alert the notifying member state , giving it the opportunity to bring its draft measure into conformity with eu law . that alert should include an explanation of the legal concerns identified by the commission . reception of such an alert entails that the notifying member state shall not adopt the notified measure for three months . ### where following the consultation the commission still has concerns about the compliance with directive 2006 / 123 / ec of the notified draft measure , it may alert the notifying member state , providing appropriate reasons for the alert , and also giving it the opportunity to bring its draft measure into conformity with eu law . that alert should include an appropriate explanation of the legal concerns identified by the commission and proof that the commission has complied with the principles of subsidiarity and proportionality . reception of such an alert entails that the notifying member state shall not adopt the notified measure for three months .


### the use of innovative fishing gears shall not be permitted where those assessments indicate that their use will lead to negative impacts on sensitive habitats and non - target species . ### the use of innovative fishing gears shall be permitted , except where those scientific assessments indicate that their use will lead to significant negative impacts on sensitive habitats and non - target species .


### technical measures recommended in accordance with paragraph 2 shall as a minimum be equivalent in terms of exploitation patterns and level of protection provided for sensitive species and habitats as those measures referred to in paragraph 1 . ### technical measures recommended in accordance with paragraph 2 shall be equivalent in terms of exploitation patterns and level of protection provided for sensitive species and habitats as those measures referred to in paragraph 1 .


### promoting sustainable water management ; ### providing universal access to water and sewage and promoting sustainable water management ;


### member states shall ensure that their regulatory framework encourages the participation of aggregators in the retail market and that it contains at least the following elements : ### member states shall ensure that their regulatory framework enables the participation of aggregators in the retail and wholesale markets and that it contains at least the following elements :


### after [ op – insert the date – five years from the entry into force of this directive ] , member states may still apply public interventions in the price - setting for the supply of electricity for vulnerable household customers in so far as it is strictly necessary for reasons of extreme urgency . such interventions shall comply with the conditions set out in paragraph 3 . ### after [ op – insert the date – five years from the entry into force of this directive ] , member states may still apply public interventions in the price - setting for the supply of electricity for household customers in so far as it is necessary according to market conditions . such interventions shall comply with the conditions set out in paragraph 3 .


### 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 customers willingly terminating fixed term supply contracts before their maturity . 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 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 .


### other parties , following an open and transparent tendering procedure , have not expressed their interest to own , develop , manage or operate recharging points for electric vehicles ; ### other parties , following an open and transparent tendering procedure , subject to review by the national regulatory authority , have not expressed their interest to own , develop , manage or operate recharging points for electric vehicles , at a reasonable cost ;


### 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 : ### without prejudice to paragraph 1 , member states may provide derogations if the following conditions are fulfilled :


### the commission , by means of implementing acts adopted in accordance with the advisory procedure referred to in article 68 , shall determine a common european data format and non - discriminatory and transparent procedures for accessing the data , listed under article 23 , that will replace national data format and procedure adopted by member states in accordance with paragraph 1 . member states shall ensure that market participants apply a common european data format . ### the commission , by means of implementing acts adopted in accordance with the advisory procedure referred to in article 68 , shall determine interoperability standards and a common european data format and non - discriminatory and transparent procedures for accessing the data , listed under article 23 , that will replace national data format and procedure adopted by member states in accordance with paragraph 1 . member states shall ensure that market participants apply interoperability standards or the common european data format .


### by way of derogation from paragraph 1 , member states may allow distribution system operators to own , develop , manage or operate storage facilities only if the following conditions are fulfilled : ### by way of derogation from paragraph 1 , member states may allow distribution system operators to own , develop , manage or operate storage facilities only if all of the following conditions are fulfilled :


### the contact details of the supplier including a consumer support hotline ; ### the contact details of the supplier with at least the phone number and email address ;


### after [ op – insert the date – five years from the entry into force of this directive ] , member states may still apply public interventions in the price - setting for the supply of electricity for vulnerable household customers in so far as it is strictly necessary for reasons of extreme urgency . such interventions shall comply with the conditions set out in paragraph 3 . ### after … [ op – insert the date – three years from the entry into force of this directive ] , member states may still apply public interventions in the price - setting for the supply of electricity for vulnerable household customers in so far as it is strictly necessary for reasons of extreme urgency . the interventions shall not go beyond what is necessary to achieve the general economic interest which they pursue , shall be limited in time and shall be proportionate as regards their beneficiaries .


### regulatory authorities shall perform at regular intervals or at least every five years a public consultation in order to re - assess the potential interest of market parties to invest , develop , operate or manage energy storage facilities . in case the public consultation indicates that third parties are able to own , develop , operate or manage such facilities , member states shall ensure that distribution system operators ' activities in this regard are phased - out . ### member states shall perform at regular intervals or at least every five years a public consultation in order to re - assess the potential interest of market parties to invest , develop , operate or manage energy storage facilities . in case the public consultation indicates that third parties are able to own , develop , operate or manage such facilities , member states shall ensure that distribution system operators ' activities in this regard are phased - out .


### distribution system operators shall not be allowed to own , develop , manage or operate energy storage facilities . ### distribution system operators shall not be allowed to own , develop , manage or operate energy storage facilities , except equipment used by the distribution system operators for local short - term control of the distribution system where there is no influence on energy and non - frequency ancillary services markets , and where the national regulatory authority has granted its approval .


### the regional regulatory authorities of the geographical area where a regional operational centre is established shall , in close coordination with each other : ### the regional regulatory authorities of the geographical area where a regional security coordinator is established shall , in close coordination with each other approve the transmission system operators ' cooperative decision - making process , proposed by the transmission system operators of such geographical area .


### member states shall ensure the protection of energy poor or vulnerable customers in a targeted manner by other means than public interventions in the price - setting for the supply of electricity . ### member states shall ensure the protection of energy poor or vulnerable customers in a targeted manner by other means than public interventions in the price - setting for the supply of electricity or social network tariffs .


### ' regional operational centre ' means the regional operational centre as defined in article 32 of the [ recast of regulation 714 / 2009 as proposed by com861 / 2 ] . ### ' regional coordination centre ' means the regional coordination centre as established pursuant to article 32 of the [ recast of regulation 714 / 2009 as proposed by com861 / 2 ] .


### the transmission system operator shall perform at regular intervals or at least every five years a public consultation for the required storage services in order to assess the potential interest of market parties to invest in such facilities and terminate its own storage activities in case third parties can provide the service in a cost - effective manner . ### member states shall perform at regular intervals or at least every five years a public consultation for the required storage services in order to assess the potential interest of market parties to invest in such facilities . where the public consultation indicates that third parties are able to own , develop , operate or manage such facilities , member states shall ensure that the activities of transmission system operators in this regard are phased out .


### member states shall ensure that national regulatory authorities encourage final customers , including those offering demand response through aggregators , to participate alongside generators in a non - discriminatory manner in all organised markets . ### member states shall ensure that the regulatory framework allows aggregators to participate alongside generators in a non - discriminatory manner in all organised markets and capacity mechanisms .


### member states shall ensure that national regulatory authorities encourage final customers , including those offering demand response through aggregators , to participate alongside generators in a non - discriminatory manner in all organised markets . ### member states shall ensure that the regulatory framework allows the customers offering demand response , including those offering demand response through aggregators to participate alongside generators in a non - discriminatory manner in all organised markets and capacity mechanisms .


### member states shall ensure that a final customer wishing to terminate the contract with an aggregator , while respecting contractual conditions , is entitled to such termination within three weeks . ### member states shall ensure that a final customer wishing to terminate the contract with an aggregator may do so in accordance with article 12 .


### 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 information on actual time of use . validated historical consumption data shall be made easily available and visualised to final customers at no additional cost . unvalidated near - real time consumption data should be made available to final customers through standardized interface in order to support automated energy efficiency programmes , demand response and other services . it shall be possible to visualise the consumption data for the consumer with web - based applications ;


### in performing the tasks listed in paragraph 1 , the transmission system operator shall take into account the functions performed by the regional operational centres and cooperate as necessary with neighbouring transmission system operators . ### in performing the tasks listed in paragraph 1 , the transmission system operator shall take into account the recommendations issued by the regional coordination centres and cooperate as necessary with neighbouring transmission system operators .


### the vertically integrated undertaking and its subsidiaries performing functions of generation or supply shall not have any direct or indirect shareholding in the transmission system operator . the transmission system operator shall neither have any direct or indirect shareholding in any subsidiary of the vertically integrated undertaking performing functions of generation or supply , nor receive dividends or any other financial benefit from that subsidiary . ### subsidiaries of the vertically integrated undertaking performing functions of generation or supply shall not have any direct or indirect shareholding in the transmission system operator . the transmission system operator shall neither have any direct or indirect shareholding in any subsidiary of the vertically integrated undertaking performing functions of generation or supply , nor receive dividends or any other financial benefit from that subsidiary .


### member states shall ensure that customers have access , free of charge , to at least one tool comparing the offers of suppliers that meets the certification criteria set out in annex i . the comparison tools may be operated by any entity , including private companies and public authorities or bodies . customers should be informed of the availability of such tools . ### member states shall ensure that customers have access , free of charge , to at least one tool comparing the offers of suppliers that meets at least the certification criteria set out in annex i . the comparison tools may be operated by any entity , including private companies and public authorities or bodies . customers should be informed of the availability of such tools .


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


### member states should maintain a wide discretion to impose public service obligations on electricity undertakings in pursuing objectives of general economic interest . member states should ensure that household customers and , where member states deem it appropriate , small enterprises , enjoy the right to be supplied with electricity of a specified quality at clearly comparable , transparent and competitive prices . nevertheless , public service obligations in the form of supply price regulation constitute a fundamentally distortive measure that often leads to the accumulation of tariff deficits , limitation of consumer choice , poorer incentives for energy saving and energy efficiency investments , lower standards of service , lower levels of consumer engagement and satisfaction , restriction of competition as well as fewer innovative products and services on the market . consequently , member states should apply other policy tools , and in particular targeted social policy measures , to safeguard the affordability of electricity supply to their citizens . interventions in price setting should only be applied in limited exceptional circumstances . a fully liberalised retail electricity market would stimulate price and non - price competition among existing suppliers and incentivise new market entries therefore improving consumers ' choice and satisfaction . ### member states should maintain a wide discretion to impose public service obligations on electricity undertakings in pursuing objectives of general economic interest . member states should ensure that household customers and , where member states deem it appropriate , small enterprises , enjoy the right to be supplied with electricity of a specified quality at clearly comparable , transparent and competitive prices . nevertheless , public service obligations in the form of supply price regulation constitute a fundamentally distortive measure that often leads to the accumulation of tariff deficits , limitation of consumer choice , poorer incentives for energy saving and energy efficiency investments , lower standards of service , lower levels of consumer engagement and satisfaction , restriction of competition as well as fewer innovative products and services on the market . consequently , member states should apply other policy tools , and in particular targeted social policy measures , to safeguard the affordability of electricity supply to their citizens . interventions in price setting should be applied only in extreme circumstances . a fully liberalised retail electricity market would stimulate price and non - price competition among existing suppliers and incentivise new market entries therefore improving consumers ' choice and satisfaction .


### where final customers have meters that allow remote reading by the operator , accurate billing information based on actual consumption shall be provided at least once a month . ### where final customers have meters that allow remote reading by the operator , accurate billing information based on actual consumption shall be provided at least once a month electronically upon request .


### assess if the regional operational centre has the appropriate competences , resources and impartiality to carry out independently the functions and tasks assigned to it , including security , liability and contingency arrangements ; ### regularly assess if the regional coordination centre has the appropriate competences , resources and impartiality to carry out independently the functions and tasks assigned to it , including security , liability and contingency arrangements ;


### other parties , following an open and transparent tendering procedure , have not expressed their interest to own , develop , manage or operate recharging points for electric vehicles ; ### other parties , following an open and transparent tendering procedure , subject to review by the national regulatory authority , have not expressed their interest to own , develop , manage or operate recharging points for electric vehicles , at a reasonable cost ;


### ' energy storage ' means , in the electricity system , deferring an amount of the electricity that was generated to the moment of use , either as final energy or converted into another energy carrier . ### ' energy storage ' means , in the electricity system , the conversion of electrical energy into a form of energy which can be stored , the storing of that energy , and the subsequent reconversion of that energy back into electrical energy or another energy carrier .


### member states shall perform at regular intervals or at least every five years a public consultation in order to re - assess the potential interest of market parties to own , develop , operate or manage recharging points for electric vehicles . in case the public consultation indicates that third parties are able to own , develop , operate or manage such points , member states shall ensure that distribution system operators ' activities in this regard are phased - out . ### member states shall perform at regular intervals or at least every five years a public consultation in order to re - assess the potential interest of market parties to own , develop , operate or manage public recharging points for electric vehicles . in case the public consultation indicates that third parties are able to own , develop , operate or manage such points , member states shall ensure that distribution system operators ' activities in this regard are phased - out .


### member states shall ensure that . customers have access to simple , fair , transparent , independent , effective and efficient out - of - court dispute resolution mechanisms for the settlement of disputes concerning rights and obligations established under this directive . where the costumer is a consumer within the meaning of directive 2013 / 11 / eu of the european parliamend and of the council46 , such out - of - court mechanisms shall comply with the quality requirements established in directive 2013 / 11 / eu and provide , where warranted , for a system of reimbursement and / or compensation . __________________ 46 oj l 165 , 18 . 6 . 2013 , p . 63–79 ### member states shall ensure that customers have access to simple , fair , transparent , independent , effective and efficient out - of - court dispute resolution mechanisms for the settlement of disputes concerning rights and obligations established under this directive through an independent mechanism such as an energy ombudsman or a consumer body .


### 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 . ### 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 .


### by way of derogation from paragraph 1 , member states may allow distribution system operators to own , develop , manage or operate storage facilities only if the following conditions are fulfilled : ### distribution system operators shall be allowed to own , develop , manage or operate energy storage facilities only if such facilities are necessary for the distribution system operator to fulfil its obligations under this directive for efficient , reliable and secure operation of the distribution system and the following conditions are fulfilled :


### each distribution system operator shall procure the energy it uses to cover energy losses and the non - frequency ancillary services in its system according to transparent , non - discriminatory and market based procedures , whenever it has such a function . unless justified by a cost - benefit analysis , the procurement of non - frequency ancillary services by a distribution system operator shall be transparent , non - discriminatory and market - based ensuring effective participation of all market participants including renewable energy sources , demand response , energy storage facilities and aggregators , in particular by requiring regulatory authorities or distribution system operators in close cooperation with all market participants , to define technical modalities for participation in these markets on the basis of the technical requirements of these markets and the capabilities of all market participants . ### each distribution system operator shall procure the energy it uses to cover energy losses in its system according to transparent , non - discriminatory and market based procedures . in addition distribution system operators shall own directly or indirectly control assets that provide non frequency ancillary services and operate them in coordination with tso .


### 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 : ### without prejudice to paragraph 1 , member states may provide derogations if the following conditions are fulfilled :


### member states shall ensure the protection of energy poor or vulnerable customers in a targeted manner by other means than public interventions in the price - setting for the supply of electricity . ### member states may ensure the protection of economically vulnerable customers in a targeted manner by other means than public interventions in the price - setting for the supply of electricity . any such measures shall be duly justified and shall not , beyond what is reasonably expected , impact negatively on the effective functioning of the retail market .


### the energy installation required for the activities of the active customer may be managed by a third party for installation , operation , including metering and maintenance . ### the energy installation required for the activities of the active customer may be managed by a third party for installation , operation and maintenance .


### information on their rights as regards the means of dispute settlement available to them in the event of a dispute pursuant to article 26 . ### contact details of the entity responsible for dispute settlement .


### benefit from a non - discriminatory treatment with regard to their activities , rights and obligations as final customers , generators , distribution system operators or aggregators ; ### benefit from a non - discriminatory treatment with regard to their activities , rights and obligations as final customers , generators , distribution system operators , suppliers or aggregators ;


### 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 : ### member states may allow distribution system operators to own , develop , manage or operate public recharging points for electric vehicles only if the following conditions are fulfilled :


### each distribution system operator shall procure the energy it uses to cover energy losses and the non - frequency ancillary services in its system according to transparent , non - discriminatory and market based procedures , whenever it has such a function . unless justified by a cost - benefit analysis , the procurement of non - frequency ancillary services by a distribution system operator shall be transparent , non - discriminatory and market - based ensuring effective participation of all market participants including renewable energy sources , demand response , energy storage facilities and aggregators , in particular by requiring regulatory authorities or distribution system operators in close cooperation with all market participants , to define technical modalities for participation in these markets on the basis of the technical requirements of these markets and the capabilities of all market participants . ### each distribution system operator shall procure the energy it uses to cover energy losses in its system according to transparent , non - discriminatory and market based procedures . in addition , distribution system operators shall own directly or indirectly control assets that provide non frequency ancillary services and operate them in coordination with tso .


### the transmission system operator shall perform at regular intervals or at least every five years a public consultation for the required storage services in order to assess the potential interest of market parties to invest in such facilities and terminate its own storage activities in case third parties can provide the service in a cost - effective manner . ### the transmission system operator shall perform at regular intervals or at least every ten years a public consultation on storage assets in order to assess the potential interest of market parties to invest in new facilities .


### ' regional operational centre ' means the regional operational centre as defined in article 32 of the [ recast of regulation 714 / 2009 as proposed by com861 / 2 ] . ### ' regional coordination centre ' means the regional coordination centre as established pursuant to article 32 of the [ recast of regulation 714 / 2009 as proposed by com861 / 2 ] .


### other parties , following an open and transparent tendering procedure , have not expressed their interest to own , control , manage or operate such facilities offering storage and / or non - frequency ancillary services to the transmission system operator ; ### other parties , following an open and transparent tendering procedure , subject to review by the national regulatory authority , have not expressed their interest to own , control , manage or operate such facilities offering storage and / or non - frequency ancillary services to the transmission system operator ;


### the regional regulatory authorities of the geographical area where a regional operational centre is established shall , in close coordination with each other : ### the regional regulatory authorities of the geographical area where a regional security coordinator is established shall , in close coordination with each other approve the transmission system operators ' cooperative decision - making process , proposed by the transmission system operators of such geographical area .


### monitoring the occurrence of restrictive contractual practices , including exclusivity clauses which may prevent large non - household customers from contracting simultaneously with more than one supplier or restrict their choice to do so , and , where appropriate , informing the national competition authorities of such practices ; ### monitoring the occurrence of restrictive contractual practices , including exclusivity clauses which may prevent customers from contracting simultaneously with more than one supplier or restrict their choice to do so , and , where appropriate , informing the national competition authorities of such practices ;


### the transmission system operator shall perform at regular intervals or at least every five years a public consultation for the required storage services in order to assess the potential interest of market parties to invest in such facilities and terminate its own storage activities in case third parties can provide the service in a cost - effective manner . ### member states shall perform at regular intervals or at least every five years a public consultation for the required storage services in order to assess the potential interest of market parties to invest in such facilities . where the public consultation indicates that third parties are able to own , develop , operate or manage such facilities , member states shall ensure that the activities of transmission system operators in this regard are phased out .


### after [ op – insert the date – five years from the entry into force of this directive ] , member states may still apply public interventions in the price - setting for the supply of electricity for vulnerable household customers in so far as it is strictly necessary for reasons of extreme urgency . such interventions shall comply with the conditions set out in paragraph 3 . ### after [ op – insert the date – two years from the entry into force of this directive ] , member states may still apply public interventions in the price - setting for the supply of electricity for vulnerable household customers in so far as it is strictly necessary for reasons of extreme urgency . such interventions shall be limited to what is strictly necessary in order to achieve the general economic interest and shall not distort the market beyond what is reasonably expected by such measures .


### 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 :


### 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 :


### where appropriate , the following information shall be prominently displayed to final customers in or with their bills and periodical settlement bills : ### where appropriate , the following billing information shall be made available to final customers :


### approve the cooperative decision - making process ; ### approve the cooperative processes ;


### other parties , following an open and transparent tendering procedure , have not expressed their interest to own , develop , manage or operate storage facilities ; ### other parties , following an open and transparent tendering procedure , subject to review by the national regulatory authority , have not expressed their interest to own , develop , manage or operate storage facilities , at a reasonable 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 billing and billing information fulfil the minimum requirements 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 perform at regular intervals or at least every five years a public consultation in order to re - assess the potential interest of market parties to own , develop , operate or manage recharging points for electric vehicles . in case the public consultation indicates that third parties are able to own , develop , operate or manage such points , member states shall ensure that distribution system operators ' activities in this regard are phased - out . ### member states shall perform at regular intervals or at least every five years a public consultation in order to re - assess the potential interest of market parties to own , develop , operate or manage recharging points for electric vehicles . in case the public consultation indicates that third parties are able to own , develop , operate or manage such points , member states shall ensure that distribution system operators ' activities in this regard are phased - out and that the associated costs can be recovered .


### 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


### 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 information on actual time of use . that information shall be made easily available to final customers at no additional cost and at a period adapted to the final customer in order to support automated energy efficiency programmes , demand response and other services ;


### 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 customers willingly terminating fixed term , fixed price supply contracts before their maturity , provided that the customer has willingly entered into such a contract . 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 .


### 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 .


### the regulatory authority can take autonomous decisions , independently from any political body , and has separate annual budget allocations , with autonomy in the implementation of the allocated budget , and adequate human and financial resources to carry out its duties ; and ### the regulatory authority can take autonomous decisions , independently from any political body ;


### regulatory authorities shall perform at regular intervals or at least every five years a public consultation in order to re - assess the potential interest of market parties to invest , develop , operate or manage energy storage facilities . in case the public consultation indicates that third parties are able to own , develop , operate or manage such facilities , member states shall ensure that distribution system operators ' activities in this regard are phased - out . ### member states shall perform at regular intervals or at least every five years a public consultation in order to re - assess the potential interest of market parties to invest , develop , operate or manage energy storage facilities . in case the public consultation indicates that third parties are able to own , develop , operate or manage such facilities , member states shall ensure that distribution system operators ' activities in this regard are phased - out and that the associated costs can be recovered .


### ' regional operational centre ' means the regional operational centre as defined in article 32 of the [ recast of regulation 714 / 2009 as proposed by com861 / 2 ] . ### ' regional coordination centre ' means the regional coordination centre as established pursuant to article 32 of the [ recast of regulation 714 / 2009 as proposed by com861 / 2 ] .


### where appropriate , the following information shall be prominently displayed to final customers in or with their bills and periodical settlement bills : ### where appropriate , the following information shall be displayed to final customers in or with their bills and periodical settlement bills :


### 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 .


### other parties , following an open and transparent tendering procedure , have not expressed their interest to own , control , manage or operate such facilities offering storage and / or non - frequency ancillary services to the transmission system operator ; ### other parties cannot or do not provide storage and / or non - frequency ancillary services to the transmission system operator in a cost - efficient manner or in case of innovative projects aimed at promoting the development of new technologies .


### 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 .


### 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 .


### 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 customers willingly terminating fixed term supply contracts before their maturity .


### transmission system operators shall not be allowed to own , manage or operate energy storage facilities and shall not own directly or indirectly control assets that provide ancillary services . ### transmission system operators shall not be allowed to own , manage or operate energy storage facilities unless those facilities or assets are an integral part of the transmission system , including interconnectors , or in case the equipment is used by the transmission system operators for short - term control of the transmission system where there is no undue influence on energy and non - frequency ancillary services markets , and where the national regulatory authority has granted its approval .


### 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 .


### the financial envelope for the implementation of the programme for the period 2021 to 2027 shall be eur 4 088 580 000 in current prices . ### the financial envelope for the implementation of the programme for the period 2021 to 2027 shall be eur 5 514 000 000 in 2018 prices .


### eur 1 000 000 000 to the objective referred to in article 3 ; ### eur 2772 000 000 in 2018 prices to the objective referred to in article 3 ;


### improving the competitiveness of enterprises with special emphasis on smes and achieving additionality through the provision of measures that provide various forms of support to smes , access to markets including the internationalisation of smes , favourable business environment for smes , the competitiveness of sectors , the modernisation of industry and the promotion of entrepreneurship ; ### improving the competitiveness of enterprises with special emphasis on smes and achieving additionality through the provision of measures that provide various forms of support to smes , access to markets including the internationalisation of smes , favourable business environment for smes , the competitiveness of sectors , the modernisation of industry and the promotion of entrepreneurship , notably :


### the main long - term incentive from this directive for the capture and storage of co2 , new renewable energy technologies and breakthrough innovation in low - carbon technologies and processes is the carbon price signal it creates and that allowances will not need to be surrendered for co2 emissions which are permanently stored or avoided . in addition , to supplement the resources already being used to accelerate demonstration of commercial ccs facilities and innovative renewable energy technologies , eu ets allowances should be used to provide guaranteed rewards for deployment of ccs facilities , new renewable energy technologies and industrial innovation in low - carbon technologies and processes in the union for co2 stored or avoided on a sufficient scale , provided an agreement on knowledge sharing is in place . the majority of this support should be dependent on verified avoidance of greenhouse gas emissions , while some support may be given when pre - determined milestones are reached taking into account the technology deployed . the maximum percentage of project costs to be supported may vary by category of project . ### the main long - term incentive from this directive for carbon capture and storage and carbon capture and use , new renewable energy technologies and breakthrough innovation in low - carbon technologies and processes is the carbon price signal it creates and that allowances will not need to be surrendered for co2 emissions which are permanently stored or avoided . in addition , to supplement the resources already being used to accelerate demonstration of commercial ccs and ccu facilities and innovative renewable energy technologies , eu ets allowances should be used to provide guaranteed rewards for deployment of ccs and ccu facilities , new renewable energy technologies and industrial innovation in low - carbon technologies and processes in the union for co2 stored or avoided on a sufficient scale , provided an agreement on knowledge sharing is in place . the majority of this support should be dependent on verified avoidance of greenhouse gas emissions , while some support may be given when pre - determined milestones are reached taking into account the technology deployed . the maximum percentage of project costs to be supported may vary by category of project .


### if the eib recommends not financing an investment and provides reasons for this recommendation , a decision shall only be adopted if a majority of two - thirds of all members vote in favour . the member state in which the investment will take place and the eib shall not be entitled to cast a vote in this case . for small projects funded through loans provided by a national promotional bank or through grants contributing to the implementation of a national programme serving specific objectives in line with the objectives of the modernisation fund , provided that not more than 10% of the member states ' share set out in annex iib is used under the programme , the two preceding sentences shall not apply . ### if the eib recommends not financing an investment and provides reasons for this recommendation , a decision shall only be adopted if a majority of the beneficiary member states vote in favour . the member state in which the investment will take place and the eib shall not be entitled to cast a vote in this case .


### the auctioning of allowances remains the general rule , with free allocation as the exception . consequently , and as confirmed by the european council , the share of allowances to be auctioned , which was 57% over the period 2013 - 2020 , should not be reduced . the commission ' s impact assessment18 provides details on the auction share and specifies that this 57% share is made up of allowances auctioned on behalf of member states , including allowances set aside for new entrants but not allocated , allowances for modernising electricity generation in some member states and allowances which are to be auctioned at a later point in time because of their placement in the market stability reserve established by decision 2015 / … of the european parliament and of the council19 . __________________ 18 secxx 19 decision 2015 / … of the european parliament and of the council of … concerning the establishment and operation of a market stability reserve for the union greenhouse gas emission trading scheme and amending directive 2003 / 87 / ec . ### the auctioning of allowances remains the general rule , with free allocation as the exception . consequently , and as confirmed by the european council , the share of allowances to be auctioned , which was 52% over the period 2013 - 2020 , should not be reduced . the commission ' s impact assessment18 provides details on the auction share and specifies that this 52% share is made up of allowances auctioned on behalf of member states , including allowances for modernising electricity generation in some member states . __________________ 18 secxx 19 decision 2015 / … of the european parliament and of the council of … concerning the establishment and operation of a market stability reserve for the union greenhouse gas emission trading scheme and amending directive 2003 / 87 / ec .