### distributed energy technologies and consumer empowerment have made community energy and energy cooperatives an effective and cost - efficient way to meet citizens ' needs and expectations regarding energy sources , services and local participation . community energy offers an inclusive option for all consumers to have a direct stake in producing , consuming or sharing energy between each other within a geographically confined community network that may operate in an isolated mode or be connected to the public distribution network . community energy initiatives focus primarily on providing affordable energy of a specific kind , such as renewable energy , for their members or shareholders rather than prioritising profit - making like a traditional energy company . by directly engaging with consumers community energy initiatives are demonstrating their potential in facilitating the up - take of new technologies and consumption patterns , including smart distribution grids and demand response , in an integrated manner . community energy can also advance energy efficiency at household level and help fight energy poverty through reduced consumption and lower supply tariffs . community energy also enables certain groups of household consumers to participate in the energy market who otherwise might not have been able to do so . where they have been successfully operated such initiatives have delivered economic , social and environmental value to the community that goes beyond the mere benefits derived from the provision of energy services . local energy communities should be allowed to operate on the market on a level - playing field without distorting competition . household consumers should be allowed to voluntarily participate in a community energy initiative as well as to leave it , without losing access to the network operated by the community energy initiative or their rights as consumers . access to a local energy community ' s network should be granted on fair and cost - reflective terms . ### distributed energy technologies and consumer empowerment have made community energy and energy cooperatives an effective and cost - efficient way to meet citizens ' needs and expectations regarding energy sources , services and local participation . community energy initiatives , or local energy communities , focus primarily on empowering citizens , local authorities and small and medium enterprises , as final consumers , to come together to jointly control , in a democratic way , local energy businesses aimed to provide local environmental , economic and social community benefits . energy communities provide affordable energy of a specific kind such as renewable energy , for their members or shareholders , or to alleviate problems concerning a decreasing standard of living or to strengthen community interaction , rather than prioritising profit - making like a traditional energy company . by directly engaging with consumers community energy initiatives are demonstrating their potential in facilitating the up - take of new technologies and consumption patterns , including smart distribution grids and demand response , in an integrated manner . community energy can also advance energy efficiency at household level and help fight energy poverty through reduced consumption , lower supply tariffs , and means to invest in energy performance renovations . community energy also enables certain groups of household consumers to participate in the energy market who otherwise might not have been able to do so , including through virtual net metering . where they have been successfully operated such initiatives have delivered economic , social and environmental value to the community that goes beyond the mere benefits derived from the provision of energy services . household consumers should be allowed to voluntarily participate in a community energy initiative while maintaining all their rights as a consumer , including their right to choice and to a good quality of supply . individuals should be able to leave a local energy community without losing access to the network operated by the community energy initiative or their rights as consumers .


### member states shall ensure that , where a final customer wishes to conclude a contract with an aggregator , such engagement shall not require the consent of the final customer ' s supplier . ### member states shall ensure that final customers are not prohibited by their supplier to conclude a contract with an aggregator and that , where a final customer wishes to conclude a contract with an aggregator , such engagement shall not require the consent of the final customer ' s supplier . suppliers shall not build - in stages in the contract requiring ex - ante consent from them for the final customer ' s aggregator to access any relevant market on behalf of the customer . final customers that have entered a contract with an aggregator shall have access to the same offers and tariffs from suppliers as consumers without those services .


### helping to ensure , together with other relevant authorities , that the consumer protection measures are effective and enforced ; ### helping to ensure , together with other relevant authorities , that the new and existing consumer protection measures , including rights of active consumers , are effective and enforced ;


### 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 national regulatory authorities encourage only final customers for which the potential benefit and ability to manage risks has been demonstrated , 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 transmission system operators and distribution system operators when procuring ancillary services , treat demand response providers , including independent aggregators , in a non - discriminatory manner , on the basis of their technical capabilities . ### member states shall ensure that transmission system operators and distribution system operators when procuring ancillary services , treat demand response providers , including aggregators , in a non - discriminatory manner , on the basis of their technical capabilities .


### helping to ensure , together with other relevant authorities , that the consumer protection measures are effective and enforced ; ### helping to ensure , together with other relevant authorities , that the new and existing consumer protection measures , including rights of active customers , are effective and enforced ;


### member states shall ensure that final customers are entitled to receive all relevant demand response data or data on supplied and sold electricity at least once per year . ### member states shall ensure that final customers are entitled to receive settlement billing and settlement billing information , and demand response data or data on supplied and sold electricity as defined in article 18 and annex ii . this information shall be provided without fees to the final customer .


### - the means by which up - to - date information on all applicable tariffs and maintenance charges may be obtained , ### - the means by which up - to - date information on all applicable tariffs , maintenance charges and additional products and / or services maybe obtained


### member states shall ensure the provision of single points of contact to provide customers with all necessary information concerning their rights , current legislation and the means of dispute settlement available to them in the event of a dispute . such contact points may be part of general consumer information points . ### member states shall ensure the provision of single points of contact to provide customers with all necessary information concerning their rights , current legislation , accredited comparison tools and accredited service providers and the means of dispute settlement available to them in the event of a dispute between the final customer and supplier , distribution system operator , aggregator or any other intermediary . member states shall ensure that final customers are informed about where to find single points of contact . such contact points may be part of general consumer information points and shall provide final customers with swift advice and information about the energy market . in cases where the service provided relies on software , hardware or communication technology , final customers should receive clear information on how to resolve complaint through a single contact point .


### member states may require the comparison tools referred to in paragraph 1 to include comparative determinants relating to the nature of the services offered by the suppliers . ### member states shall require the comparison tools referred to in paragraph 1 to include comparative determinants relating to the nature of the type of energy provided and the services offered by the suppliers as set out in annex i .


### billing shall take place on the basis of actual consumption at least once a year . billing information shall be made available at least once every three months , upon request or where the final customers have opted to receive electronic billing or else twice a year . ### billing and calculating settlements shall take place on the basis of actual consumption , demand response data or data on electricity fed into the grid or sold at least once a year . billing information and demand response data or information on electricity fed into the grid or sold shall be made available at least once every three months , upon request at any time or where the final customers have opted to receive electronic billing or else twice a year .


### 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 , information on actual consumption and price shall be provided at least once a month if explicitly required by the customer .


### receive a final closure account following any change of electricity supplier no later than six weeks after the change of supplier has taken place . ### receive a final closure account following any change of electricity supplier no later than two weeks after the change of supplier has taken place .


### distributed energy technologies and consumer empowerment have made community energy and energy cooperatives an effective and cost - efficient way to meet citizens ' needs and expectations regarding energy sources , services and local participation . community energy offers an inclusive option for all consumers to have a direct stake in producing , consuming or sharing energy between each other within a geographically confined community network that may operate in an isolated mode or be connected to the public distribution network . community energy initiatives focus primarily on providing affordable energy of a specific kind , such as renewable energy , for their members or shareholders rather than prioritising profit - making like a traditional energy company . by directly engaging with consumers community energy initiatives are demonstrating their potential in facilitating the up - take of new technologies and consumption patterns , including smart distribution grids and demand response , in an integrated manner . community energy can also advance energy efficiency at household level and help fight energy poverty through reduced consumption and lower supply tariffs . community energy also enables certain groups of household consumers to participate in the energy market who otherwise might not have been able to do so . where they have been successfully operated such initiatives have delivered economic , social and environmental value to the community that goes beyond the mere benefits derived from the provision of energy services . local energy communities should be allowed to operate on the market on a level - playing field without distorting competition . household consumers should be allowed to voluntarily participate in a community energy initiative as well as to leave it , without losing access to the network operated by the community energy initiative or their rights as consumers . access to a local energy community ' s network should be granted on fair and cost - reflective terms . ### distributed energy technologies and consumer empowerment have made community energy and energy cooperatives an effective and cost - efficient way to meet citizens ' needs and expectations regarding energy sources , services and local participation . community energy initiatives , or local energy communities , focus primarily on providing affordable energy of a specific kind , such as renewable energy , for their members or shareholders , or to alleviate problems concerning a decreasing standard of living or to strengthen community interaction , rather than prioritising profit - making like a traditional energy company . by directly engaging with consumers community energy initiatives are demonstrating their potential in facilitating the up - take of new technologies and consumption patterns , including smart distribution grids and demand response , in an integrated manner . community energy can also advance energy efficiency at household level and help fight energy poverty through reduced consumption and lower supply tariffs . community energy also enables certain groups of household consumers to participate in the energy market who otherwise might not have been able to do so . where they have been successfully operated such initiatives have delivered economic , social and environmental value to the community that goes beyond the mere benefits derived from the provision of energy services . local energy communities should be allowed to operate on the market on a level - playing field without distorting competition . household consumers should be allowed to voluntarily participate in a community energy initiative while maintaining all their rights as a consumer , including their right to choice and to a good quality of supply . individuals should be able to leave a local energy community , without losing access to the network operated by the community energy initiative or their rights as consumers .


### are not placed at an excessive disadvantage in comparison to the average market price by the prepayment systems ; ### are not placed at a disadvantage in comparison to the average market price by the prepayment systems ;


### 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 and settlement information based on actual consumption , demand response data or information on electricity sold or fed into the grid shall be provided at least once a month . after the installation of the smart meter , the final customer shall not be charged for unbilled energy consumed prior to the billing period covered in the statement of account .


### - the means by which up - to - date information on all applicable tariffs and maintenance charges may be obtained , ### - the means by which up - to - date information on all applicable tariffs , maintenance charges and additional products and / or services may be obtained ,


### are entitled to generate , store , consume and sell self - generated electricity in all organised markets either individually or through aggregators without being subject to disproportionately burdensome procedures and charges that are not cost reflective ; ### are entitled to generate , store , consume , sell with priority access self - generated electricity in all organised markets either individually or through aggregators , as well as to participate in the ancillary services of the system and in the mechanisms of response to the demand , without being subject to discriminatory or disproportionately burdensome procedures and charges that are not cost reflective , and are entitled to receive a remuneration for self - generated electricity which reflects the market value of the electricity fed in ;


### ' 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 , deferring an amount of the electricity that was generated to the moment of use .


### 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 .


### 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 and settlement information based on actual consumption , demand response data or information on electricity sold or fed into the grid shall be provided at least once a month . after the installation of the smart meter , the final customer may not be charged for unbilled energy consumed prior to the billing period covered in the statement of account .


### 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 by social network tariffs . .


### 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 .


### in performing the task described in point of paragraph 1 , the transmission system operator shall ensure that the procurement of balancing services and , unless justified by a cost - benefit analysis , non - frequency ancillary services , is : ### in performing the task described in point of paragraph 1 , the transmission system operator shall ensure that the procurement of balancing services and , unless justified and approved by a competent authority , non - frequency ancillary services , is :


### 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 vulnerable household customers in so far as it is strictly necessary for reasons of extreme urgency . reasons for extreme urgency refer to seldom situations caused by force majeure . such interventions shall comply with the conditions set out in paragraph 3 .


### member states shall ensure that final customers are entitled to receive all relevant demand response data or data on supplied and sold electricity at least once per year . ### member states shall ensure that final customers are entitled to receive settlement billing and settlement billing information , and demand respond data or data on supplied and sold electricity as defined in article 18 and annex ii . this information shall be provided without fees to the final customer .


### 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 :


### members states shall ensure that no undue barriers exist for market entry and market exit of electricity generation and electricity supply undertakings . ### members states shall install funding mechanisms that secure investment in sector coupling technologies such as power to gas in order to exploit the full flexibility potential and provide additional long - term and large - scale electricity storage capacity via natural gas grid infrastructure . in this context , member states shall introduce a technology - neutral support scheme for the remuneration of innovative technologies that ensure system - friendly , continuous energy generation . apart from cost - efficiency parameters , the configuration of such funding schemes shall account for a technology´s potential for innovation and sector coupling as a crucial instrument for effective , cross - sectoral decarbonisation .


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


### are given adequate notice of any intention to modify contractual conditions and are informed about their right to dissolve the contract when the notice is given . suppliers shall notify their customers directly of any adjustment in the supply price as well as of the reasons and preconditions for the adjustment and its scope , at an appropriate time no later than one normal billing period before the adjustment comes into effect in a transparent and comprehensible manner . member states shall ensure that customers are free to withdraw from contracts if they do not accept the new contractual conditions or adjustments in the supply price notified to them by their electricity supplier ; ### are given adequate notice of any intention to modify contractual conditions and are informed about their right to dissolve the contract when the notice is given . electricity service providers shall notify their customers directly of any adjustment in the supply price as well as of the reasons and preconditions for the adjustment and its scope , at an appropriate time and when possible no later than 6 / xxx weeks before the adjustment comes into effect in a transparent and comprehensible manner . member states shall ensure that customers are free to withdraw from contracts if they do not accept the new contractual conditions or adjustments in the supply price notified to them by their electricity service provider .


### billing shall take place on the basis of actual consumption at least once a year . billing information shall be made available at least once every three months , upon request or where the final customers have opted to receive electronic billing or else twice a year . ### billing shall take place on the basis of actual consumption at least once a year . billing information , if requested by the customers , shall be made available at least twice a year and upon request or where the final customers have opted to receive electronic billing at least once every three months .


### 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 :


### 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 , have not expressed their interest to own , control , manage or operate such facilities offering storage to the transmission system operator ;


### member states shall ensure that bills fulfil the minimum requirements for billing and billing information as set out in annex ii . the information contained in bills shall be correct , clear , concise and presented in a manner that facilitates comparison by consumers . ### member states shall ensure that bills provided by suppliers fulfil the minimum requirements for billing and billing information as set out in annex ii . settlement statements provided by aggregators and information to active consumers on the electricity fed into the grid or sold from the market participant buying their electricity shall fulfil the requirements set out in points 1 , 2a and 3 of annex ii . the information contained in bills provided by suppliers , distribution system operators and information in settlement statements provided by aggregators shall be correct , clear , concise and presented in a manner that facilitates comparison by consumers .


### 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 , have not expressed their interest to own , develop , manage or operate cost - efficient storage facilities and the national regulatory authorities has granted it approval ;


### 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 domestic households and ensure right of equal access and affordable services .


### . member states shall take appropriate measures to protect customers and shall , in particular , ensure that there are adequate safeguards to protect vulnerable customers . in this context , each member state shall define the concept of vulnerable customers which may refer to energy poverty and , inter alia , to the prohibition of disconnection of electricity to such customers in critical times . member states shall ensure that rights and obligations linked to vulnerable customers are applied . in particular , they shall take measures to protect customers in remote areas . they shall ensure high levels of consumer protection , particularly with respect to transparency regarding contractual terms and conditions , general information and dispute settlement mechanisms . ### . member states shall take appropriate measures to protect customers and shall , in particular , ensure that there are adequate safeguards to protect vulnerable customers . in this context , each member state shall define the concept of vulnerable customers which shall refer to energy poverty and , inter alia , to the prohibition of disconnection of electricity to such customers in critical times . member states shall ensure a free provision of a basic minimum quantity of electricity to vulnerable customers and guarantee that all other rights and obligations linked to these customers are applied . in particular , they shall take all necessary measures to protect customers in remote areas . they shall ensure high levels of consumer protection , particularly with respect to transparency regarding contractual terms and conditions , general information , dispute settlement mechanisms and data protection .


### . member states shall take appropriate measures to protect customers and shall , in particular , ensure that there are adequate safeguards to protect vulnerable customers . in this context , each member state shall define the concept of vulnerable customers which may refer to energy poverty and , inter alia , to the prohibition of disconnection of electricity to such customers in critical times . member states shall ensure that rights and obligations linked to vulnerable customers are applied . in particular , they shall take measures to protect customers in remote areas . they shall ensure high levels of consumer protection , particularly with respect to transparency regarding contractual terms and conditions , general information and dispute settlement mechanisms . ### member states shall take appropriate measures to protect customers and shall , in particular , ensure that there are adequate safeguards to protect vulnerable customers . in this context , each member state shall define the concept of vulnerable customers which shall refer to energy poverty and , inter alia , to the prohibition of disconnection of electricity to such customers . member states shall ensure a free provision of a basic minimum quantity of electricity to vulnerable customers and guarantee that all other rights and obligations linked to these customers are applied . in particular , they shall take all necessary measures to protect customers in remote areas . they shall ensure high levels of consumer protection , particularly with respect to transparency regarding contractual terms and conditions , general information , dispute settlement mechanisms and data protection . disconnection shall be prohibited until the dispute between the supplier and the customer is settled .


### distributed energy technologies and consumer empowerment have made community energy and energy cooperatives an effective and cost - efficient way to meet citizens ' needs and expectations regarding energy sources , services and local participation . community energy offers an inclusive option for all consumers to have a direct stake in producing , consuming or sharing energy between each other within a geographically confined community network that may operate in an isolated mode or be connected to the public distribution network . community energy initiatives focus primarily on providing affordable energy of a specific kind , such as renewable energy , for their members or shareholders rather than prioritising profit - making like a traditional energy company . by directly engaging with consumers community energy initiatives are demonstrating their potential in facilitating the up - take of new technologies and consumption patterns , including smart distribution grids and demand response , in an integrated manner . community energy can also advance energy efficiency at household level and help fight energy poverty through reduced consumption and lower supply tariffs . community energy also enables certain groups of household consumers to participate in the energy market who otherwise might not have been able to do so . where they have been successfully operated such initiatives have delivered economic , social and environmental value to the community that goes beyond the mere benefits derived from the provision of energy services . local energy communities should be allowed to operate on the market on a level - playing field without distorting competition . household consumers should be allowed to voluntarily participate in a community energy initiative as well as to leave it , without losing access to the network operated by the community energy initiative or their rights as consumers . access to a local energy community ' s network should be granted on fair and cost - reflective terms . ### distributed energy technologies and consumer empowerment have made community energy and energy cooperatives an effective and cost - efficient way to meet citizens ' needs and expectations regarding energy sources , services and local participation . community energy initiatives , or local energy communities , focus primarily on providing affordable energy of a specific kind , such as renewable energy , for their members or shareholders , or to alleviate problems concerning a decreasing standard of living or to strengthen community interaction , rather than prioritising profit - making like a traditional energy company . by directly engaging with consumers community energy initiatives are demonstrating their potential in facilitating the up - take of new technologies and consumption patterns , including smart distribution grids and demand response , in an integrated manner . community energy can also advance energy efficiency at household level and help fight energy poverty through reduced consumption and lower supply tariffs . community energy also enables certain groups of household consumers to participate in the energy market who otherwise might not have been able to do so . where they have been successfully operated such initiatives have delivered economic , social and environmental value to the community that goes beyond the mere benefits derived from the provision of energy services . local energy communities should be allowed to operate on the market on a level - playing field without distorting competition . household consumers should be allowed to voluntarily participate in a community energy initiative while maintaining all their rights as a consumer , including their right to choice and to a good quality of supply . individuals should be able to leave a local energy community , without losing access to the network operated by the community energy initiative or their rights as consumers .


### 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 , suppliers , distribution system operators or aggregators ;


### ' local energy community ' means : an association , a cooperative , a partnership , a non - profit organisation or other legal entity which is effectively controlled by local shareholders or members , generally value rather than profit - driven , involved in distributed generation and in performing activities of a distribution system operator , supplier or aggregator at local level , including across borders ; ### ' local energy community ' means : a sme or a non - for - profit organisation , which is based on open participation , is effectively controlled by local shareholders or members that are participating collectively as final customers and have equal decision making rights , whose predominant aim is to provide environmental , economic or social community benefits for their members or the local area or areas where they operate rather than profit driven , that carries out or is involved in at least one or more of the following activities : distributed generation , storage , supply , provision of energy efficiency services , aggregation , electro - mobility , or distribution system operation ;


### in performing the task described in point of paragraph 1 , the transmission system operator shall ensure that the procurement of balancing services and , unless justified by a cost - benefit analysis , non - frequency ancillary services , is : ### in performing the task described in point of paragraph 1 , the transmission system operator shall ensure that the procurement of balancing services and , unless justified and approved by a competent authority , non - frequency ancillary services , is :


### member states shall ensure that final customers are fully informed by the suppliers of the opportunities and risks of such dynamic electricity price contract . ### member states shall ensure that final customers are fully informed by the suppliers of the opportunities and risks of such dynamic electricity price contract in a way that allows final customers to compare the benefits of such contracts with other types of contracts available on the market . when offering these contracts the supplier shall provide the contract terms and conditions and a summary of key contractual conditions with clear guidance and warnings on the financial risk of such dynamic price contract . the summary of key contractual conditions shall include an illustrative example showing the maximum financial liability for the consumer , such as an estimate of their annual bill , when compared to their current contract . the information provided shall be comparable across suppliers .


### member states shall ensure that , where a final customer wishes to conclude a contract with an aggregator , such engagement shall not require the consent of the final customer ' s supplier . ### member states shall ensure that final customers are not prohibited by their supplier to conclude a contract with an aggregator and that , where a final customer wishes to conclude a contract with an aggregator , such engagement shall not require the consent of the final customer ' s supplier . final customers that have entered a contract with an aggregator shall have access to the same offers and tariffs from suppliers as consumers without those services .


### billing shall take place on the basis of actual consumption at least once a year . billing information shall be made available at least once every three months , upon request or where the final customers have opted to receive electronic billing or else twice a year . ### billing and calculating settlements shall take place on the basis of actual consumption , demand response data or data on electricity fed into the grid or sold at least once a year . billing information and demand response data or information on electricity fed into the grid or sold shall be made available at least once every three months , upon request at any time or where the final customers have opted to receive electronic billing or else twice a year .


### 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 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 taking into account local conditions .


### ' non - frequency ancillary service ' means a service used by a transmission or distribution system operator for steady state voltage control , fast reactive current injections , inertia and black start capability ; ### ' non - frequency ancillary service ' means a service used by a transmission or distribution system operator for steady state voltage control , fast reactive current injections , inertia for local grid stability , short - circuit current , black start capability and island operation capability .


### 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 . such fees may only be charged if customers receive a demonstrable advantage from these contracts . in addition , such fees shall be proportionate to the advantage provided to the customer and 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 . the burden of proof of the direct economic loss shall always be on the supplier and monitored by the national regulatory authority . in the case of bundled investment in equipment , the economic loss shall be determined on the basis of whichever amount is smaller , either the pro rata temporis residual value of subsidised equipment bundled with the contract at the moment of the contract conclusion or the remaining part of the service fee until the end of the contract .


### are given adequate notice of any intention to modify contractual conditions and are informed about their right to dissolve the contract when the notice is given . suppliers shall notify their customers directly of any adjustment in the supply price as well as of the reasons and preconditions for the adjustment and its scope , at an appropriate time no later than one normal billing period before the adjustment comes into effect in a transparent and comprehensible manner . member states shall ensure that customers are free to withdraw from contracts if they do not accept the new contractual conditions or adjustments in the supply price notified to them by their electricity supplier ; ### are given adequate notice of any intention to modify contractual conditions and are informed about their right to dissolve the contract when the notice is given . electricity service providers shall notify their customers directly of any adjustment in the supply price as well as of the reasons and preconditions for the adjustment and its scope , at an appropriate time and when possible no later than 6 / xxx weeks before the adjustment comes into effect in a transparent and comprehensible manner . member states shall ensure that customers are free to withdraw from contracts if they do not accept the new contractual conditions or adjustments in the supply price notified to them by their electricity service provider .


### new regulatory and enforcement challenges relate to a rapidly changing environment of the digital revolution , concerning issues such as cybersecurity , internet of things or artificial intelligence . should damage occur , stringent rules on product safety and liability are essential to ensure a policy response that allows european citizens , including consumers and businesses , to benefit from such rules . the programme should therefore contribute to the rapid adaptation and enforcement of a union product liability regime which fosters innovation . ### new regulatory and enforcement challenges relate to a rapidly changing environment of the digital revolution , concerning issues such as cybersecurity , the internet of things and artificial intelligence . the major challenge in this respect is not strictly a technological one : it is cultural , organisational and social . this entails a commitment to address the digital switchover with the support of all sectors concerned : businesses , workers in the public and private sectors , consumers , administrators , etc . should damage occur , stringent rules on product safety and liability are essential to ensure a policy response that allows european citizens , including consumers and businesses , to benefit from such rules . the programme should therefore contribute to the rapid adaptation and enforcement of a union product liability regime which fosters innovation .


### still , barriers to the proper functioning of the internal market remain and the new obstacles emerge . adopting rules is only a first step , but making them work is as important . this is ultimately a matter of citizens’ trust in the union , in its capacity to deliver , and ability to create jobs and growth while protecting the public interest . ### still , barriers that hinder the proper functioning of the internal market remain , and new obstacles are emerging . adopting rules is only a first step , but making them work is as important . this is ultimately a matter of citizens’ trust in the union , in its capacity to deliver , and in its ability to create quality jobs and sustainable growth while protecting the public interest .


### the european council confirmed that the modalities , including transparency , of the optional free allocation to modernise the energy sector in certain member states should be improved . investments with a value of €10 million or more should be selected by the member state concerned through a competitive bidding process on the basis of clear and transparent rules to ensure that free allocation is used to promote real investments modernising the energy sector in line with the energy union objectives . investments with a value of less than €10 million should also be eligible for funding from the free allocation . the member state concerned should select such investments based on clear and transparent criteria . the results of this selection process should be subject to public consultation . the public should be duly kept informed at the stage of the selection of investment projects as well as of their implementation . ### the european council confirmed that the modalities , including transparency , of the optional free allocation to modernise the energy sector in certain member states should be improved . investments should be selected by the member state concerned through a bidding process on the basis of clear and transparent rules to ensure that free allocation is used to promote real investments modernising the energy sector in line with the eu energy and climate objectives . all investments fulfilling the criteria should also be eligible for funding from the free allocation . the member state concerned should select such investments based on clear and transparent criteria . the results of this selection process should be subject to public consultation . the public should be fully involved at the stage of the selection of investment projects as well as of their implementation .


### a list of installations covered by this directive for the five years beginning on 1 january 2021 shall be submitted by 30 september 2018 , and lists for the subsequent five years shall be submitted every five years thereafter . each list shall include information on production activity , transfers of heat and gases , electricity production and emissions at sub - installation level over the five calendar years preceding its submission . free allocations shall only be given to installations where such information is provided . ### a list of installations covered by this directive for the two years beginning on 1 january 2021 shall be submitted by 30 september 2018 , and lists for the subsequent two years shall be submitted every two years thereafter . each list shall include information on production activity , transfers of heat and gases , electricity production and emissions at sub - installation level over the two calendar years preceding its submission . free allocations shall only be given to installations where such information is provided .


### in order to reflect technological progress in the sectors concerned and adjust them to the relevant period of allocation , provision should be made for the values of the benchmarks for free allocations to installations , determined on the basis of data from the years 2007 - 8 , to be updated in line with observed average improvement . for reasons of predictability , this should be done through applying a factor that represents the best assessment of progress across sectors , which should then take into account robust , objective and verified data from installations so that sectors whose rate of improvement differs considerably from this factor have a benchmark value closer to their actual rate of improvement . where the data shows a difference from factor reduction of more than 0 . 5% of the 2007 - 8 value higher or lower per year over the relevant period , the related benchmark value shall be adjusted by that percentage . to ensure a level playing field for the production of aromatics , hydrogen and syngas in refineries and chemical plants , the benchmark values for aromatics , hydrogen and syngas should continue to be aligned to the refineries benchmarks . ### in order to reflect technological progress in the sectors concerned and adjust them to the relevant period of allocation , provision should be made for the values of the benchmarks for free allocations to installations , determined on the basis of data from the year 2019 . the benchmarks should be reviewed every two years .


### a list of installations covered by this directive for the five years beginning on 1 january 2021 shall be submitted by 30 september 2018 , and lists for the subsequent five years shall be submitted every five years thereafter . each list shall include information on production activity , transfers of heat and gases , electricity production and emissions at sub - installation level over the five calendar years preceding its submission . free allocations shall only be given to installations where such information is provided . ### a list of installations covered by this directive for the two years beginning on 1 january 2021 shall be submitted by 30 september 2018 , and lists for the subsequent two years shall be submitted every two years thereafter . each list shall include information on production activity , transfers of heat and gases , electricity production and emissions at sub - installation level over the five calendar years preceding its submission . free allocations shall only be given to installations where such information is provided .


### the investments supported shall be consistent with the aims of this directive and the european fund for strategic investments . ### the investments supported shall be consistent with the aims of this directive .


### the allowances shall be made available for innovation in low - carbon industrial technologies and processes and support for demonstration projects for the development of a wide range of ccs and innovative renewable energy technologies that are not yet commercially viable in geographically balanced locations . in order to promote innovative projects , up to 60% of the relevant costs of projects may be supported , out of which up to 40% may not be dependent on verified avoidance of greenhouse gas emissions provided that pre - determined milestones are attained taking into account the technology deployed . ### the allowances shall be made available for innovation in sustainable low - carbon industrial technologies and processes and support for demonstration projects for the development of and innovative renewable energy technologies that are not yet commercially viable in geographically balanced locations . in order to promote innovative projects , up to 60% of the relevant costs of projects may be supported , out of which up to 40% may not be dependent on verified avoidance of greenhouse gas emissions provided that pre - determined milestones are attained taking into account the technology deployed .


### a fund to support investments in modernising energy systems and improving energy efficiency in member states with a gdp per capita below 60% of the union average in 2013 shall be established for the period 2021 - 30 and financed as set out in article 10 . ### a fund to support investments in modernising energy systems and improving energy efficiency in member states with a gdp per capita below 60% of the union average in 2013 or in 2014 , or in 2015 , shall be established for the period 2021 - 30 and financed as set out in article 10 .


### the commission shall adopt an implementing act for this purpose in accordance with article 22a . ### the commission shall adopt an implementing act for this purpose in accordance with article 22a . the implementing act should take into consideration sectoral specificities and shall aim at reducing the administrative burden on small emitters and smes , in data collection and analysis .


### the fund shall also finance small - scale investment projects in the modernisation of energy systems and energy efficiency . to this end , the investment board shall develop guidelines and investment selection criteria specific to such projects . ### the fund shall also finance small - scale investment projects in the modernisation of energy systems and energy efficiency including energy cooperatives . to this end , the investment board shall develop guidelines and investment selection criteria specific to such projects .


### the target fishing mortality shall be achieved as soon as possible , and on a progressive , incremental basis by 2020 for the stocks of groups 1 and 2 , and shall be maintained thereafter within the ranges set out in annex i . ### the target fishing mortality shall be achieved as soon as possible , and on a progressive , incremental basis by 2020 for all stocks to which this regulation applies , and shall be maintained thereafter within the objectives set out in article 3 and .


### stocks of group 5 shall be managed based on the precautionary approach in line with scientific advice . ### stocks of group 5 shall be managed based on the precautionary approach in line with scientific advice . the absence of adequate scientific information shall not justify postponing or failing to take management measures to conserve target species , associated or dependent species and non - targeted species and their environment .


### the objective of this plan should be to contribute to the achievement of the objectives of the cfp , and especially reaching and maintaining msy for the stocks concerned , contributing to the implementation of the landing obligation for demersal stocks subject to catch limits and contributing to the implementation of the ecosystem - based approach to fisheries management . ### the objective of this plan should be to achieve the objectives of the cfp , and especially restoring and maintaining msy for all populations of fish stocks to which this regulation applies above levels capable of producing msy , contributing to the implementation of the landing obligation for demersal stocks subject to catch limits and contributing to the implementation of the ecosystem - based approach to fisheries management .


### periodic measurements of so2 , nox and particulate matter shall be required at least every three years for medium combustion plants the rated thermal input of which is greater than 1 mw and less than 20 mw , and at least annually for medium combustion plants the rated thermal input of which is equal to or greater than 20 mw but less than 50 mw . ### periodic measurements of so2 , nox and , dust shall be required at least every three years for medium combustion plants the total rated thermal input of which is greater than 1&#160 ; mw and less than 20 mw firing liquide and / or gasseous fuels , and at least annually for medium combustion plants the total rated thermal input of which is equal to or greater than 20 mw but less than 50 mw and for combustion plants the total rated thermal input of which is greater than 1 mw firing solid fuels .


### periodic measurements of so2 , nox and particulate matter shall be required at least every three years for medium combustion plants the rated thermal input of which is greater than 1 mw and less than 20 mw , and at least annually for medium combustion plants the rated thermal input of which is equal to or greater than 20 mw but less than 50 mw . ### continuous measurements of so2 , nox , particulate matter , carbon monoxide , total organic carbon and ammonia shall be required for medium combustion plants .


### the fees charged for obtaining documents and information referred to in article 14 through the system of interconnection of registers shall not exceed the administrative costs thereof . ### no fees shall be charged for obtaining documents and information referred to in article 14 electronically through the system of interconnection of registers .


### member states shall ensure that the registration of companies may be carried out fully online without the necessity for the applicants , or their representatives , to appear in person before any competent authority or before any other person or body dealing with the application for registration , subject to the proviso laid down in article 13b . however , member states may decide not to provide fully online registration procedures for those types of companies listed in annex i . ### member states may allow the online registration of companies without the necessity for the applicants , or their representatives , to appear in person before the competent registration authority only under the condition that the&#160 ; commission has certified the electronic identification scheme used in conjunction with a video conference procedure as achieving the highest assurance level for identifying all persons taking part in the administration , supervision or control of the company , all beneficial owners and all persons authorised to represent the company in dealings with third parties and in legal proceedings . online registration procedures should only be authorised for natural persons and not for legal persons . member states may decide not to provide fully online registration procedures for those types of companies listed in annex i , and for other company legal forms and sectors deemed to represent a strong risk for fraudulent activity .


### member states shall lay down detailed rules for the online registration of companies , including rules on the use of templates , as referred to in article 13g and the documents and information required for registering a company . as part of these rules member states shall ensure that the online registration may be carried out by submitting information or documents in the electronic form , including electronic copies of the documents and information referred to in article 16a . ### member states shall lay down detailed rules for the online registration of companies , including rules on the use of templates , as referred to in article 13g and the documents and information required for registering a company . as part of these rules member states shall ensure that the procedures for submitting information or documents ensure the authenticity of this information or documents .


### where a member state recognises identification means referred to in paragraph 2 for the purpose of completing online registration and online filing , that member state shall also recognise the same type of identification means issued by another member state . ### where a member state recognises identification means referred to in paragraph 2 for the purpose of completing online registration and online filing , that member state shall also recognise the same type of identification means issued by another member state . member states however are not required to recognise these identification means if it has not been demonstrated that these means do not achieve the highest assurance level .


### in order to facilitate online procedures for companies , member states’ registers should not charge for online registration or online submission of information over and above the actual administrative costs of providing the service . furthermore , member states should assist those seeking to establish a company or a branch by providing up - to - date , clear , concise and user - friendly information concerning the procedures and requirements to establish and operate limited liability companies and their branches . concerning private limited liability companies , more detailed information should be made available to applicants and directors because member states should also ensure the possibility of fully online registration for such companies . ### in order to facilitate online procedures for companies , member states’ registers should not charge for online registration or online submission of information over and above the actual administrative costs of providing the service . furthermore , member states should assist those seeking to establish a company or a branch by providing up - to - date , clear , concise and user - friendly information concerning the procedures and requirements to establish and operate limited liability companies and their branches .


### similarly with regard to the online registration of companies , in order to reduce the costs and burdens on companies , it should also be possible throughout the companies’ lifecycle to submit documents and information fully online to national registers . at the same time , member states should have the possibility to allow companies to file documents and information by other means , including by paper . in addition , the disclosure of company information should be effected once the information is made publicly available in those registers , since they are now interconnected and provide a comprehensive point of reference for users . in order to avoid disruption to the existing means of disclosure , member states should have the choice also to publish either all or some of the company information in a national gazette , whilst at the same time ensuring that the information is sent electronically by the register to that national gazette . ### similarly with regard to the online registration of companies , in order to reduce the costs and burdens on companies , it should also be possible throughout the companies’ lifecycle to submit documents and information through digitally supported procedures to national registers , given the presence of schemes which guarantee the highest level of assurance for the validity of these documents and information . at the same time , member states should have the possibility to allow companies to file documents and information by other means , including by paper . in addition , the disclosure of company information should be effected once the information is made publicly available in those registers , since they are now interconnected and provide a comprehensive point of reference for users . in order to avoid disruption to the existing means of disclosure , member states should have the choice also to publish either all or some of the company information in a national gazette , whilst at the same time ensuring that the information is sent electronically by the register to that national gazette .


### an electronic identification means issued under an electronic identification scheme approved by their own member state ; ### an electronic identification means issued under an electronic identification scheme approved by their own member state , conditional upon its certification by the commission as fulfilling the highest assurance level defined in article 8 of regulation no 910 / 2014 ; furthermore , the commission shall certify that this electronic identification scheme , in conjunction with a video conference procedure , can identify with the highest assurance level all persons taking part in the administration , supervision or control of the company , all beneficial owners and all persons authorised to represent the company in dealings with third parties and in legal proceedings ;


### furthermore , in order to tackle fraud and company hijacking and to provide safeguards for the reliability and trustworthiness of documents and information contained within national registers , provisions concerning the online registration of companies and their branches should also include controls on the identity and legal capacity of persons seeking to establish a company or branch . however , the means and methods to achieve these controls should be left to member states to develop and adopt . those rules could include , amongst others , verification by means of video - conference or other online means that provide a real - time audio - visual connection . to that effect member states should be able to require the involvement of notaries or lawyers as a part of the online registration process , however , such involvement should not prevent the completion of the registration procedure in its entirety online . ### furthermore , in order to tackle fraud and company hijacking and to provide safeguards for the reliability and trustworthiness of documents and information contained within national registers , provisions concerning the online registration of companies and their branches should also include controls on the identity and legal capacity of persons seeking to establish a company or branch . those rules could include , amongst others , verification by means of video - conference or other online means that provide a real - time audio - visual connection . the commission should certify that these rules guarantee the highest assurance level for the identity of all persons taking part in the administration , supervision or control of the company , all beneficial owners and all persons authorised to represent the company in dealings with third parties and in legal proceedings .


### member states shall ensure that documents and information , referred to in article 30 or any modification thereof , may be filed online within the period provided by the laws of the member state where the branch is established . member states shall ensure that such filing may be completed online in its entirety without the necessity for the applicant or its representative to appear in person before any competent authority or before any other person dealing with the online filing , subject to the proviso laid down in article 13b . ### member states shall allow the online filing of the documents and information , referred to in article 30 or any modification thereof , only if the commission has certified that the electronic identification scheme and information provision system as fulfilling the highest assurance standard . member states shall ensure that such filing may be completed online and without the necessity for the applicant or its representative to appear in person before the body or competent authority dealing with the online filing only in conjunction with a procedure certified by the commission as meeting the highest assurance level for verifying the authenticity of documents and identify , subject to the proviso laid down in article 13b .


### in the interest of transparency and to promote trust in business transactions , including those with a cross - border nature within the single market , it is important that investors , stakeholders , business partners and authorities can easily access company information . to improve the accessibility of that information , more information should be available free of charge in all member states . such information should include the website of the company , where applicable and , the legal status of the company and its branches in another member states , where available in national registers . it should also include information concerning the persons authorised to represent companies and the number of employees where this information is available . ### in the interest of transparency and to promote trust in business transactions , including those with a cross - border nature within the single market , it is important that investors , stakeholders , business partners and authorities can easily access company information . to improve the accessibility of that information , all information in the registry should be available free of charge in all member states . it should also include information concerning the persons authorised to represent companies , the number of employees and the details of agreements on worker information , consultation and participation arrangements made under union law . it should be possible to perform searches in these registries based on the names of companies and persons as well as sectors and locality .


### member states shall ensure that companies are able to file online the documents and information , as referred to in article 14 , including any modification thereof , with the register within the time limit provided by the laws of the member state where the company is to be registered . member states shall ensure that such filing may be completed online in its entirety without the necessity for the applicant , or his representative to appear in person before any competent authority or before any other person or body dealing with the online filing , subject to the proviso laid down in article 13b . ### member states shall allow the online filing of the documents and information , as referred to in article 14 , including any modification thereof , only if the commission has certified the electronic identification scheme and information provision system as fulfilling the highest certainty standard . member states shall ensure that such filing may be completed online and without the necessity for the applicant , or his representative to appear in person before the body or authority dealing with the online filing only in conjunction with a procedure certified by the commission as meeting the highest level of certainty for verifying the authenticity of documents and identify any and all new persons taking part in the administration , supervision or control of the company , all beneficial owners and all persons authorised to represent the company towards third parties and in legal proceedings subject to the proviso laid down in article 13b .


### where member states lay down rules relating to the disqualification of directors , referred to in point of article 13f , the register where the company is to be registered may , through the system of interconnection of registers referred to in article 22 , request confirmation from the registers of other member states as to whether or not the person who is to be appointed as director of the company is currently disqualified from acting as director in those other member states . for the purpose of this article , directors shall include all of the persons referred to in article 14 . ### member states shall maintain an up to date list of all disqualified directors and provide public access to this list free of charge through the system of interconnection of registers referred to in article 22 . the system of interconnection shall allow searches of specific persons to disclose whether or not they are included on the list of disqualified directors from any member state . for the purpose of this article , directors shall include all of the persons referred to in article 14 .


### member states shall not make the online registration of a company conditional on obtaining any licence or authorisation before the company is registered , unless where it is indispensable for the proper control of certain activities laid down in national law . ### member states shall require the verification of the identify of all persons taking part in the administration , supervision or control of the company , all beneficial owners and all persons authorised to represent the company in dealings with third parties and in legal proceedings .


### the use of digital tools and processes to more easily , rapidly and cost - effectively initiate economic activity by setting up a company or by opening a branch of that company in another member state is one of the prerequisites for the effective functioning of a competitive single market and for ensuring the competitiveness of companies . ### the use of digital tools and processes to more easily , rapidly and cost - effectively initiate economic activity by setting up a company or by opening a branch of that company in another member state and to provide comprehensive and costless information on companies is one of the prerequisites for the effective functioning of a competitive single market and for ensuring the competitiveness and trustworthiness of companies .


### member states shall ensure that companies are able to file online the documents and information , as referred to in article 14 , including any modification thereof , with the register within the time limit provided by the laws of the member state where the company is to be registered . member states shall ensure that such filing may be completed online in its entirety without the necessity for the applicant , or his representative to appear in person before any competent authority or before any other person or body dealing with the online filing , subject to the proviso laid down in article 13b . ### member states shall allow the online filing of the documents and information , as referred to in article 14 , including any modification thereof , only if the commission has certified the electronic identification scheme and information provision system as fulfilling the highest assurance standard . member states shall ensure that such filing may be completed online and without the necessity for the applicant , or his representative to appear in person before the body or authority dealing with the online filing only in conjunction with a procedure certified by the&#160 ; commission as meeting the highest assurance level for verifying the authenticity of documents and identify of any and all new persons taking part in the administration , supervision or control of the company , all beneficial owners and all persons authorised to represent the company in dealings with third parties and in legal proceedings subject to the provision laid down in article 13b . member states shall ensure that the origin and integrity of the documents filed online may be verified electronically .


### in order to facilitate the registration of companies and their branches and to reduce the costs and administrative burdens associated with the registration process , in particular by micro , small and medium - sized enterprises as defined in commission recommendation 2003 / 361 / ec32 , procedures should be put in place to enable registration to be completed fully online . such costs and burdens derive not only from administrative fees charged for setting up a company , but also from other requirements which make the overall process longer to complete , in particular when the physical presence of the applicant or their representative is required . in addition , information on these procedures should be made available online and free of charge . _________________ 32 commission recommendation 2003 / 361 / ec of 6 may 2003 concerning the definition of micro , small and medium - sized enterprises . ### in order to facilitate the registration of companies and their branches and to reduce the costs and administrative burdens associated with the registration process , in particular by micro , small and medium - sized enterprises as defined in commission recommendation 2003 / 361 / ec , procedures should be put in place to enable digitally - supported registration with which the need for the physical presence of the applicant or their representative at the registration authority can be reduced given the availability of procedures that can verify with the highest level of assurance the identify of key persons in the company and documents . in addition , information on these procedures should be made available online and free of charge .


### enabling the fully online registration of companies and branches and the fully online filing of documents and information would allow companies to use digital tools in their contacts with competent authorities of member states . in order to enhance trust , member states should ensure that secure electronic identification and the use of trust services is possible for national as well as cross - border users in accordance with regulation no 910 / 2014 of the european parliament and of the council34 . furthermore , in order to enable cross - border electronic identification , member states should set up electronic identification schemes which provide for authorised electronic identification means . such national schemes would be used as a basis for the recognition of electronic identification means issued in another member state . in order to ensure the high level of trust in cross - border situations , only electronic identification means which comply with article 6 of regulation no 910 / 2014 should be recognised . however , member states may also recognise other identification means such as a scanned copy of a passport . in any event , this directive should only oblige member states to enable online registration of companies and their branches and online filing by union citizens through the recognition of their electronic identification means . _________________ 34 regulation no 910 / 2014 of the european parliament and of the council of 23 july 2014 on electronic identification and trust services for electronic transactions in the internal market and repealing directive 1999 / 93 / ec . ### digitally supporting the registration of companies and branches and the filing of documents and information would allow companies to use digital tools in their contacts with competent authorities of member states . in order to enhance trust , member states should ensure that secure electronic identification and the use of trust services is possible for national as well as cross - border users in accordance with the highest assurance level defined in regulation no 910 / 2014 of the european parliament and of the council34 . furthermore , in order to enable cross - border electronic identification , member states should set up electronic identification schemes which provide for authorised electronic identification means in conjunction with means necessary to verify the identity of key persons in the company and validity of documents , such as videoconferencing and validation procedures for original documents . a procedure should also be defined by the commission for certifying the achievement of these schemes of the highest assurance level . such national schemes would be used as a basis for the recognition of electronic identification means issued in another member state . in order to ensure the high level of trust in cross - border situations , only electronic identification means which comply with article 6 of regulation no 910 / 2014 and which achieve the highest assurance level as defined by article 8 should be recognised . in any event , this directive should only oblige member states to enable online registration of companies and their branches and online filing by union citizens through the recognition of their electronic identification means if certified schemes are available which achieve the highest assurance level for the identity of key persons in the company and validity of documents . _________________ 34 regulation no 910 / 2014 of the european parliament and of the council of 23 july 2014 on electronic identification and trust services for electronic transactions in the internal market and repealing directive 1999 / 93 / ec .


### in order to facilitate the registration of companies and their branches and to reduce the costs and administrative burdens associated with the registration process , in particular by micro , small and medium - sized enterprises as defined in commission recommendation 2003 / 361 / ec32 , procedures should be put in place to enable registration to be completed fully online . such costs and burdens derive not only from administrative fees charged for setting up a company , but also from other requirements which make the overall process longer to complete , in particular when the physical presence of the applicant or their representative is required . in addition , information on these procedures should be made available online and free of charge . _________________ 32 commission recommendation 2003 / 361 / ec of 6 may 2003 concerning the definition of micro , small and medium - sized enterprises . ### in order to facilitate the registration of companies and their branches and to reduce the costs and administrative burdens associated with the registration process , in particular by micro , small and medium - sized enterprises as defined in commission recommendation 2003 / 361 / ec32 , procedures should be put in place to enable digitally - supported registration with which the need for the physical presence of the applicant or their representative at the registration authority can be reduced given the availability of procedures that can verify with the highest level of assurance the identify of key persons in the company and documents . in addition , information on these procedures should be made available online and free of charge _________________ 32 commission recommendation 2003 / 361 / ec of 6 may 2003 concerning the definition of micro , small and medium - sized enterprises .


### an electronic identification means issued in another member state and recognised for the purpose of cross - border authentication in accordance with article 6 of regulation no 910 / 2014 . ### an electronic identification means issued in another member state and recognised for the purpose of cross - border authentication in accordance with article 6 of regulation no 910 / 2014 conditional upon its certification by the commission as fulfilling the highest assurance level defined in article 8 of regulation no . 910 / 2014 ; furthermore , the commission shall certify that this electronic identification scheme , in conjunction with a video conference procedure , can identify with the highest assurance level all persons taking part in the administration , supervision or control of the company , all beneficial owners and all persons authorised to represent the company in dealings with third parties and in legal proceedings ;


### as a first step in a company’s lifecycle , it should be possible to establish and register companies fully online . however , member states should have the possibility to derogate from this requirement in case of public limited liability companies due to the complexity of establishment and registration of such companies and in order to respect member states’ existing traditions of company law . in any event , member states should lay down detailed rules of registration . it should be possible to carry out online registration with the submission of documents in electronic form . ### as a first step in a company’s lifecycle , it should be possible to use digital tools to support the establishment and registration of companies . however , member states should have the possibility to derogate from this requirement in case of public limited liability companies due to the complexity of establishment and registration of such companies and in order to respect member states’ existing traditions of company law . furthermore , the commission and member states should be able to exempt specific sectors in which a higher than average risk of establishment of companies for fraudulent purposes . finally , only natural persons and not legal persons should be allowed to use these procedures , given the difficulties in tracing the real locus of ownership and control in groups structures . in any event , member states should lay down detailed rules of digitally enhanced registration . it should be possible to carry out digitally enhanced registration with the submission of documents in electronic form given the availability of procedures guaranteeing the highest assurance level of the identity of key persons in the company and validity of documents .


### enabling the fully online registration of companies and branches and the fully online filing of documents and information would allow companies to use digital tools in their contacts with competent authorities of member states . in order to enhance trust , member states should ensure that secure electronic identification and the use of trust services is possible for national as well as cross - border users in accordance with regulation no 910 / 2014 of the european parliament and of the council34 . furthermore , in order to enable cross - border electronic identification , member states should set up electronic identification schemes which provide for authorised electronic identification means . such national schemes would be used as a basis for the recognition of electronic identification means issued in another member state . in order to ensure the high level of trust in cross - border situations , only electronic identification means which comply with article 6 of regulation no 910 / 2014 should be recognised . however , member states may also recognise other identification means such as a scanned copy of a passport . in any event , this directive should only oblige member states to enable online registration of companies and their branches and online filing by union citizens through the recognition of their electronic identification means . _________________ 34 regulation no 910 / 2014 of the european parliament and of the council of 23 july 2014 on electronic identification and trust services for electronic transactions in the internal market and repealing directive 1999 / 93 / ec . ### supporting the digital registration of companies and branches and the filing of documents and information would allow companies to use digital tools in their contacts with competent authorities of member states . in order to enhance trust , member states should ensure that secure electronic identification and the use of trust services is possible for national as well as cross - border users in accordance with the highest assurance level defined in regulation no 910 / 2014 of the european parliament and of the council . furthermore , in order to enable cross - border electronic identification , member states should set up electronic identification schemes which provide for authorised electronic identification means in conjunction with means necessary to verify the identity of key persons in the company and validity of documents , such as video conferencing and validation procedures for original documents . a procedure should also be defined by the commission for certifying the achievement of these schemes of the highest assurance level . such national schemes would be used as a basis for the recognition of electronic identification means issued in another member state . in order to ensure the high level of trust in cross - border situations , only electronic identification means which comply with article 6 of regulation no 910 / 2014 and which achieve the highest assurance level as defined by article 8 should be recognised . in any event , this directive should only oblige member states to enable online registration of companies and their branches and online filing by union citizens through the recognition of their electronic identification means if certified schemes are available which achieve the highest assurance level for the identity of key persons in the company and validity of documents .


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


### member states may also recognise other identification means than those referred to in paragraph 1 . ### member states may also recognise other identification means than those referred to in paragraph 1 provided that the member state concerned demonstrates that these identification means provide the highest assurance level in verifying the identity of all persons taking part in the administration , supervision or control of the company , all beneficial owners and all persons authorised to represent the company in dealings with third parties and in legal proceedings .


### in order to ensure the protection of all persons interacting with companies , member states should be able to prevent fraudulent behaviour by refusing the appointment of a person as a director of a company or a branch in their own territory , who is currently disqualified from acting as a director in another member state . such requests for information , in relation to previous directorships , should be possible by means of the system of interconnection of registers and therefore member states should make the necessary arrangements to ensure that the national registers are able to provide such information . the rules for the disqualification of directors and the confidentiality of the transmission should be governed by national law . to ensure compliance with applicable rules on protection of personal data , national registers should process any such data relating to disqualification of director in compliance with regulation 2016 / 679 of the european parliament and of the council35 . _________________ 35 regulation 2016 / 679 of the european parliament and of the council of 27 april 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data , and repealing directive 95 / 46 / ec . ### in order to ensure the protection of all persons interacting with companies , member states should be able to prevent fraudulent behaviour by refusing the appointment of a person as a director of a company or a branch in their own territory , who is currently disqualified from acting as a director in another member state . a list of all disqualified company directors in all member states should be maintained through the interconnected system or registers and should be made available to the public free of charge . it should be possible to search for specific persons in this disqualified directors list . member states should make the necessary arrangements to ensure that the national registers are able to provide such information . the rules for the disqualification of directors and the confidentiality of the transmission should be governed by national law . to ensure compliance with applicable rules on protection of personal data , national registers should process any such data relating to disqualification of director in compliance with regulation 2016 / 679 of the european parliament and of the council35 . _________________ 35 regulation 2016 / 679 of the european parliament and of the council of 27 april 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data , and repealing directive 95 / 46 / ec .


### in order to ensure the protection of all persons interacting with companies , member states should be able to prevent fraudulent behaviour by refusing the appointment of a person as a director of a company or a branch in their own territory , who is currently disqualified from acting as a director in another member state . such requests for information , in relation to previous directorships , should be possible by means of the system of interconnection of registers and therefore member states should make the necessary arrangements to ensure that the national registers are able to provide such information . the rules for the disqualification of directors and the confidentiality of the transmission should be governed by national law . to ensure compliance with applicable rules on protection of personal data , national registers should process any such data relating to disqualification of director in compliance with regulation 2016 / 679 of the european parliament and of the council35 . _________________ 35 regulation 2016 / 679 of the european parliament and of the council of 27 april 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data , and repealing directive 95 / 46 / ec . ### in order to ensure the protection of all persons interacting with companies , member states should be able to prevent fraudulent behaviour by refusing the appointment of a person as a director of a company or a branch in their own territory , who is currently disqualified from acting as a director in another member state . a list of all disqualified directors in all member states should be maintained through the interconnected system or registers and available to the public free of charge . it should be possible to search for specific persons in this disqualified directors list . member states should make the necessary arrangements to ensure that the national registers are able to provide such information . the rules for the disqualification of directors and the confidentiality of the transmission should be governed by national law . to ensure compliance with applicable rules on protection of personal data , national registers should process any such data relating to disqualification of director in compliance with regulation 2016 / 679 of the european parliament and of the council35 . _________________ 35 regulation 2016 / 679 of the european parliament and of the council of 27 april 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data , and repealing directive 95 / 46 / ec .