### ' the rule of law ' refers to the union value enshrined in article 2 of the treaty on european union which includes the principles of legality , implying a transparent , accountable , democratic and pluralistic process for enacting laws ; legal certainty ; prohibition of arbitrariness of the executive powers ; effective judicial protection by independent courts , including of fundamental rights ; separation of powers and equality before the law ; ### ' the rule of law ' shall be understood having regard&#160 ; to the union values enshrined in article 2 of the treaty on european union and the membership criteria ; it includes the principles of equality , &#160 ; implying a transparent , accountable , democratic and pluralistic process for enacting laws ; legal certainty ; prohibition of arbitrariness of the executive powers ; effective judicial protection by independent courts , including of fundamental rights ; separation of powers and equality before the law ;


### the council should lift measures with suspensive effect on a proposal from the commission , if the situation leading to the imposition of those measures has been sufficiently remedied . ### the commission should lift measures with suspensive effect and send a proposal to the european parliament and the council to lift in full or in part the budgetary reserve of the measures in question , if the situation leading to the imposition of those measures has been sufficiently remedied .


### where the commission considers that the generalised deficiency as regards the rule of law is established , it shall submit a proposal for an implementing act on the appropriate measures to the council . ### where the commission considers that the generalised deficiency as regards the union values is established , it shall adopt a decision on the appropriate measures by means of an implementing act .


### ensure that the environmental impacts of fishing activities on seabed habitats do not exceed the levels needed to achieve good environmental status for each habitat type assessed in the framework of directive 2008 / 56 / ec in each marine region or subregion in relation to both habitat quality and the spatial extent over which the required levels need to be achieved . ### ensure that the environmental impacts of fishing activities on seabed habitats do not exceed the levels needed to achieve good environmental status for each habitat type assessed in the framework of directive 2008 / 56 / ec in each marine region or subregion .


### within the framework of sustainable urban development , it is considered necessary to support integrated territorial development in order to more effectively tackle the economic , environmental , climate , demographic and social challenges affecting urban areas , including functional urban areas , while taking into account the need to promote urban - rural linkages . the principles for selecting the urban areas where integrated actions for sustainable urban development are to be implemented , and the indicative amounts for those actions , should be set out in the programmes under the investment for jobs and growth goal with a minimum target of 6% of the erdf resources allocated at national level for that purpose . it should also be established that this percentage should be respected throughout the programming period in the case of transfer between priorities within a programme or between programmes , including at the mid - term review . ### within the framework of sustainable urban development , it is considered necessary to support integrated territorial development in order to more effectively tackle the economic , environmental , climate , geographic , demographic and social challenges affecting urban areas , including functional urban areas , while taking into account the need to promote urban - rural linkages and linkages to remote island regions . the principles for selecting the urban areas where integrated actions for sustainable urban development are to be implemented , and the indicative amounts for those actions , should be set out in the programmes under the investment for jobs and growth goal with a minimum target of 6% of the erdf resources allocated at national level for that purpose . it should also be established that this percentage should be respected throughout the programming period in the case of transfer between priorities within a programme or between programmes , including at the mid - term review .


### ensuring equal access to health care through developing infrastructure , including primary care ; ### ensuring equal access to high - quality health care through developing infrastructure , including primary care , with a special focus on disadvantaged social groups , such as the roma ;


### enhancing digital connectivity ; ### enhancing digital connectivity with a special focus on the most disadvantaged and the remote island regions ;


### fostering the integrated social , economic and environmental development , cultural heritage and security in urban areas ; ### fostering the integrated and inclusive social , economic and environmental development , cultural heritage and security in urban areas ;


### fostering the integrated social , economic and environmental local development , cultural heritage and security , including for rural and coastal areas also through community - led local development . ### fostering the integrated and inclusive social , economic and environmental local development , cultural heritage and security , including for rural and coastal areas also through community - led local development .


### increasing the socioeconomic integration of marginalised communities , migrants and disadvantaged groups , through integrated measures including housing and social services ; ### increasing the socioeconomic inclusion of marginalised communities , such as the roma , through integrated measures including housing and social services ;


### in an increasingly interconnected world and in view of the demographic and migration dynamics , it is clear that union migration policy requires a common approach that relies on the synergies and complementarities of the different funding instruments . in order to ensure coherent , strong and consistent support for solidarity and responsibility - sharing efforts between member states in managing migration , the erdf should provide support to facilitate the long - term integration of migrants . ### in an increasingly interconnected world and in view of the demographic and migration dynamics , it is clear that union migration policy requires a common approach that relies on the synergies and complementarities of the different funding instruments , such as the esf + , erdf , amf , etc . in order to ensure coherent , strong and consistent support for solidarity and efforts for the fair sharing of responsibility between member states in managing migration , the erdf should provide support to facilitate the long - term inclusion of third - country nationals .


### ' a smarter europe by promoting innovative and smart economic transformation ' by : ### ' a smarter europe by promoting inclusive , innovative and smart economic transformation ' by :


### investments in access to services ; ### investments in access to services with a particular focus on disadvantaged , marginalised and segregated social groups ;


### . 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 final 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 ensure the prohibition of disconnection of electricity to such customers under any circumstances . 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 .


### in addition , comparisons with an average normalised or benchmarked customer in the same user category shall be made available to final customers in , with or signposted to within , their bills and periodical settlement bills . ### in addition , wherever possible and useful , comparisons with an average normalised or benchmarked customer in the same user category shall be made available to final customers .


### by way of derogation from paragraph 1 , member states may allow transmission system operators to own , manage or operate storage facilities or assets providing non - frequency ancillary services if the following conditions are fulfilled : ### without prejudice to paragraph 1 , member states may provide derogations if the following conditions are fulfilled :


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


### after [ op – insert the date – five years from the entry into force of this directive ] , member states may still apply public interventions in the price - setting for the supply of electricity for vulnerable household customers in so far as it is strictly necessary for reasons of extreme urgency . such interventions shall comply with the conditions set out in paragraph 3 . ### after [ op – insert the date –two years from the entry into force of this directive ] , member states may apply public interventions in the price - setting for the supply of electricity and gas as a transitional measure where there is evidence that markets are failing and other measures are not implemented to sufficiently protect energy poor or vulnerable consumers provided that : no more than 10% of households are affected b ) for a maximum of two years until more efficient and targeted social or other policy measures are adopted c ) the level of public intervention allows suppliers to make a reasonable level of return d ) market entry by new participants is not impeded e ) the setting of prices is limited to particular tariff types , such as a supplier’s pre - paid , default or standard variable tariff , or to certain groups of consumers such low - income or vulnerable consumers at risk of energy poverty ;


### transmission system operators shall not be allowed to own , manage or operate energy storage facilities and shall not own directly or indirectly control assets that provide ancillary services . ### transmission system operators shall not be allowed to own , manage or operate energy storage facilities and shall not own directly or indirectly control assets that provide ancillary services , unless those facilities or assets are an integral part of the transmission system and where the national regulatory authority has granted its approval .


### member states which are affected by energy poverty and which have not yet done so should therefore develop national action plans or other appropriate frameworks to tackle this problem , aiming at decreasing the number of people suffering such situation . low income , high energy expenditure , and poor energy efficiency of homes are relevant factors in designing indicators for the measurement of energy poverty . in any event , member states should ensure the necessary energy supply for vulnerable and energy poor customers . in doing so , an integrated approach , such as in the framework of energy and social policy , could be used and measures could include social policies or energy efficiency improvements for housing . at the very least , this directive should allow national policies in favour of vulnerable and energy poor customers . ### energy poverty is a growing problem in the union . member states which are affected by energy poverty and which have not yet done so should therefore develop national action plans or other appropriate frameworks to tackle energy poverty this problem , aiming at decreasing the number of energy poor customers . low income , high energy expenditure , and poor energy efficiency of homes are relevant factors in designing indicators for the measurement of energy poverty . in any event , member states should ensure the necessary energy supply for vulnerable and energy poor customers . in doing so , an integrated approach , such as in the framework of energy and social policy , could be used and measures could include social policies or energy efficiency improvements for housing . this directive should enhance national policies in favour of vulnerable and energy poor customers .


### 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 parliament 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 an independent mechanism such as an energy ombudsman or a consumer body is in place in order to ensure efficient treatment of complaints and out - of - court dispute settlements . 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 . member states shall ensure that an independent mechanism such as an energy ombudsman or a consumer body is in place in order to ensure efficient treatment of complaints and out - of - court dispute settlements . those mechanisms shall be extended to all energy service providers , aggregators and all contracts with energy components , including bundled offers and local energy communities whose participation shall be mandatory . member states shall not allow suppliers to disconnect vulnerable customers until any dispute between the supplier and the customer is settled . member states shall ensure that electricity suppliers , energy service providers and aggregators provide information on the out - of - court dispute settlement on their website and in all communication with their customers . member states shall regularly assess the functioning of the out - of - court dispute settlement mechanisms , especially with regards to the participation and compliance of electricity suppliers , energy service providers , aggregators and intermediaries , and consider strengthening their mandatory participation in out - of - court dispute settlement mechanisms . __________________ 46 oj l 165 , 18 . 6 . 2013 , p . 63–79


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


### . 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 final 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 ensure 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 ensure that the eligible customer is in fact able easily to switch to a new supplier . as regards at least household customers , those measures shall include those set out in annex i .


### 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 ;


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


### 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 , as soon as they have the information on the increase , and no later than 6 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 ;


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


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


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


### ‘ 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 customer or a group of jointly acting customers , including in a multi - apartment block , in a commercial , industrial , residential or shared services site or in a closed distribution system , or a third party acting on their behalf , 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 ;


### - 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


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


### 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 . ### electricity service providers are allowed to charge contract termination fees to customers willingly terminating fixed term supply contracts before their maturity . any such fee shall be clearly indicated in the supply contract and such fees may only be charged if customers receive a demonstrable advantage at a time of signature of the contract . in addition , such fees shall not exceed the direct economic loss to the supplier of the customer terminating the contract , including the cost of any bundled investments or services already provided to the customer as part of the contract .


### 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 .


### member states shall ensure that their national legislation does not unduly hamper cross - border flows of electricity , consumer participation including through demand&#8211 ; side response , investments into flexible energy generation , energy storage , the deployment of electro - mobility or new interconnectors , and that electricity prices reflect actual demand and supply . ### member states shall ensure that their national legislation promotes cross - border transactions relating to electricity , consumer participation including through market - based demand&#8211 ; side response , investments into flexible energy generation , energy storage , the deployment of electro - mobility or new interconnectors , smart grid technology , and that electricity prices reflect actual demand and supply . member states shall ensure open and accessible consumer participation in the electricity market .


### 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 consumers with all necessary information concerning their rights , current legislation , accredited comparison tools and the means of dispute settlement available to them in the event of a dispute between the final customer and the electricity supplier , energy service provider , aggregator or any other intermediary . such contact points may be part of general consumer information points .


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


### are entitled to own , establish , or lease community networks and to autonomously manage them ; ### are entitled to own , establish , or lease shared , including community , networks and to autonomously manage them ;


### monitoring the level and effectiveness of market opening and competition at wholesale and retail levels , including on electricity exchanges , prices for household customers including prepayment systems , switching rates , disconnection rates , charges for and the execution of maintenance services , and complaints by household customers , as well as any distortion or restriction of competition , including providing any relevant information , and bringing any relevant cases to the relevant competition authorities ; ### actively monitoring the level and effectiveness of market opening and competition at wholesale and retail levels , including on electricity exchanges , prices for household customers including prepayment systems , and dynamic price contracts , price spikes and their impact on retail and consumer prices , switching rates , including collective switching , disconnection rates , charges for and the execution of maintenance services , number of final customers in contracts with aggregators , barriers to the exercise of the activities listed in article 15 , and acting on complaints by household customers , as well as any distortion or restriction of competition , including providing any relevant information , and bringing any relevant cases to the relevant competition or consumer authorities ; share of energy efficiency measures implemented as a priority in households affected by energy poverty and in social housing ;


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


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


### member states which are affected by energy poverty and which have not yet done so should therefore develop national action plans or other appropriate frameworks to tackle this problem , aiming at decreasing the number of people suffering such situation . low income , high energy expenditure , and poor energy efficiency of homes are relevant factors in designing indicators for the measurement of energy poverty . in any event , member states should ensure the necessary energy supply for vulnerable and energy poor customers . in doing so , an integrated approach , such as in the framework of energy and social policy , could be used and measures could include social policies or energy efficiency improvements for housing . at the very least , this directive should allow national policies in favour of vulnerable and energy poor customers . ### energy poverty is a growing problem in the union . member states which are affected by energy poverty and which have not yet done so should therefore develop national action plans or other appropriate frameworks to tackle energy poverty this problem , aiming at decreasing the number of energy poor customers . low income , high energy expenditure , and poor energy efficiency of homes are relevant factors in designing indicators for the measurement of energy poverty . in any event , member states should ensure the necessary energy supply for vulnerable and energy poor customers . in doing so , an integrated approach , such as in the framework of energy and social policy , could be used and measures could include social policies or energy efficiency improvements for housing . this directive should enhance national policies in favour of vulnerable and energy poor customers .


### 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 pursue objectives of general economic interest , including the protection of energy poor or vulnerable customers at risk of energy poverty in a targeted manner by other means than public interventions based on non - replicable price - setting for the supply of electricity .


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


### any tool comparing the offers of suppliers shall be eligible to apply for certification in accordance with this article on a voluntary and non - discriminatory basis . ### any tool comparing the offers available on the electricity market shall apply for certification in accordance with this article on a non - discriminatory basis .


### approve the statutes and rules of procedure ; ### approve the proposal for the establishment of regional coordination centres in accordance with article 32 of regulation &#8230 ; [ recast of regulation as proposed by com 861 / 2 ] ;


### 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 by a cost - benefit analysis , and approved by the competent authority , non - frequency ancillary services , is :


### 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 .


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


### are offered a wide choice of payment methods , which do not unduly discriminate between customers . any difference in charges related to payment methods shall reflect the relevant costs incurred by the supplier . ### are offered a wide choice of payment methods , which do not unduly discriminate between customers . any difference in charges related to payment methods shall reflect the relevant costs incurred by the supplier or aggregator .


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


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


### detailed data according to the time of use for any day , week , month and year . these data shall be made available to final customers in near real time via the internet or the meter interface for the period of at least the previous 24 months or the period since the start of the supply contract if this is shorter . ### detailed data according to the time of use for any day , week , month and year . these data shall be made available to final customers in near real time in a user - friendly format , via the internet or the meter interface for the period of at least the previous 24 months or the period since the start of the supply contract if this is shorter .


### transparent rules clearly assigning roles and responsibilities to all market participants ; ### transparent rules clearly assigning roles and responsibilities to all market participants , including the need to respect operational security of the distribution and transmission grid by all market participants ;


### the development of a distribution system shall be based on a transparent network development plan that distribution system operators shall submit every two years to the regulatory authority . the network development plan shall contain the planned investments for the next five to ten years , with particular emphasis on the main distribution infrastructure which is required in order to connect new generation capacity and new loads including re - charging points for electric vehicles . the network development plan shall also demonstrate the use of demand response , energy efficiency , energy storage facilities or other resources that distribution system operator is using as an alternative to system expansion . ### the development of a distribution system shall be based on a transparent network development plan that distribution system operators shall submit every two years to the regulatory authority . the network development plan shall contain the planned investments for the next five to ten years , with particular emphasis on the main distribution infrastructure , including energy efficiency , demand response and energy storage , which is required in order to connect new generation capacity and new loads including re - charging points for electric vehicles . the network development plan shall demonstrate the use of demand response , energy efficiency , energy storage facilities or other resources that distribution system operator is using as an alternative to system expansion .


### member states shall require that information and estimates for electricity costs are provided to final customers on demand in a timely manner and in an easily understandable format . ### member states shall require that information and estimates for electricity costs , as well as demand response data or data on electricity sold or fed into the grid are provided to final customers on demand in a timely manner and in an easily understandable format . in the case that there will be a future change of product or price in the contract , then this information should be clearly included in the bill , along with the date of this change . a separate notification of this change shall also be sent in advance to the final customer .


### ‘ 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 customer or a group of jointly acting customers who consume , store or sell electricity , 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 ;


### - 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 ,


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


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


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


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


### member states that proceed with smart metering deployment shall ensure that final customers contribute to the associated costs of the roll - out in a transparent and non - discriminatory manner . member states shall regularly monitor this deployment in their territories to track the evolution of costs and benefits for the whole value chain , including the delivery of net benefits to consumers . ### member states that proceed with smart metering deployment shall ensure that final customers contribute to the associated costs of the roll - out in a transparent and non - discriminatory manner . member states shall regularly monitor this deployment in their territories to track the evolution of costs and benefits for the whole value chain , including the delivery of net benefits to consumers . for vulnerable consumers , member states shall establish industry - wide standards to ensure suppliers provide sufficient follow - up support .


### transparent rules and procedures for data exchange between market participants that ensure easy access to data on equal and non - discriminatory terms while fully protecting commercial data ; ### transparent rules and procedures for data exchange between market participants that ensure easy access to data on equal and non - discriminatory terms while fully protecting commercial and costumers ' personal data ;


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


### - the duration of the contract , the conditions for renewal and termination of services and of the contract , ### - the duration of the contract , the conditions for renewal and termination of services including additional products and / or services and of the contract and whether withdrawal from the contract without charge is permitted ,


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


### monitoring the level and effectiveness of market opening and competition at wholesale and retail levels , including on electricity exchanges , prices for household customers including prepayment systems , switching rates , disconnection rates , charges for and the execution of maintenance services , and complaints by household customers , as well as any distortion or restriction of competition , including providing any relevant information , and bringing any relevant cases to the relevant competition authorities ; ### monitoring the level and effectiveness of market opening and competition at wholesale and retail levels , including on electricity exchanges , prices for household customers including prepayment systems , dynamic price contracts and benefits from the use of smart meter , switching rates , disconnection rates , charges for and the execution of maintenance services , the relationship between household and wholesale prices , the evolution of grid tariffs and levies and complaints by household customers , as well as any distortion or restriction of competition , including providing any relevant information , and bringing any relevant cases to the relevant competition authorities ;


### the transmission system operator shall perform at regular intervals or at least every five years a public consultation for the required storage services in order to assess the potential interest of market parties to invest in such facilities and terminate its own storage activities in case third parties can provide the service in a cost - effective manner . ### the transmission system operator under the supervision of the national regulatory authority shall perform at regular intervals or at least every five years a public consultation for the required storage services in order to re - assess the potential interest of market parties to invest in , develop , operate or manage such facilities . in case the public consultation and a cost - benefit analysis indicate that third parties have the capacity and interest to own , develop , operate or manage such facilities in a cost - effective manner , member states shall ensure that transmission system operators ' activities in this regard are phased - out . transmission system operators shall have the right to recover their investment in such facilities on fair and reasonable terms .


### the regulatory authority shall examine whether the ten - year network development plan covers all investment needs identified during the consultation process , and whether it is consistent with the non - binding union - wide ten - year network development plan referred to in [ article 27 of recast of regulation 714 / 2009 as proposed by com861 / 2 ] . if any doubt arises as to the consistency with the union - wide network development plan , the regulatory authority shall consult the agency . the regulatory authority may require the transmission system operator to amend its ten - year network development plan . ### the regulatory authority shall examine whether the ten - year network development plan covers all investment needs identified during the consultation process , and whether it is consistent with the non - binding union - wide ten - year network development plan referred to in [ article 27 of recast of regulation 714 / 2009 as proposed by com861 / 2 ] and with the national energy and climate plans tabled in the frame of the [ governance regulation as proposed by com759 ] . if any doubt arises as to the consistency with the union - wide network development plan or with the national energy and climate plans , the regulatory authority shall consult the agency . the regulatory authority may require the transmission system operator to amend its ten - year network development plan .


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


### 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 :


### in addition , comparisons with an average normalised or benchmarked customer in the same user category shall be made available to final customers in , with or signposted to within , their bills and periodical settlement bills . ### in addition , wherever possible , comparisons with an average normalised or benchmarked customer in the same user category shall be made available to final customers .


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


### by way of derogation from paragraph 1 , member states may allow transmission system operators to own , manage or operate storage facilities or assets providing non - frequency ancillary services if the following conditions are fulfilled : ### without prejudice to paragraph 1 , member states may provide derogations if the following conditions are fulfilled :


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


### 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 .


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


### monitoring the level and effectiveness of market opening and competition at wholesale and retail levels , including on electricity exchanges , prices for household customers including prepayment systems , switching rates , disconnection rates , charges for and the execution of maintenance services , and complaints by household customers , as well as any distortion or restriction of competition , including providing any relevant information , and bringing any relevant cases to the relevant competition authorities ; ### actively monitoring the level and effectiveness of market opening and competition at wholesale and retail levels , including on electricity exchanges , prices for household customers including prepayment systems , dynamic price contracts and the benefits from the use of smart meters , switching rates , disconnection rates , charges for and the execution of maintenance services , the relationship between household and wholesale prices , the evolution of grid tariffs and levies , complaints by household customers , as well as any distortion or restriction of competition , including providing any relevant information , and bringing any relevant cases to the relevant competition authorities ;


### 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 :


### member states may provide that one or several responsibilities listed under points to of paragraph 1 be assigned to a transmission system operator other than the one which owns the transmission system to which the concerned responsibilities would otherwise be applicable . the transmission system operator to which the tasks are assigned shall be certified as ownership unbundled and fulfil the requirements provided for in article 43 , but does not have to own the transmission system it is responsible for . the transmission system operator which owns the transmission system shall fulfil the requirements provided for in chapter vi and be certified in accordance with article 43 . ### member states may provide that one or several responsibilities listed under points to of paragraph 1 be assigned to a transmission system operator other than the one which owns the transmission system to which the concerned responsibilities would otherwise be applicable . the transmission system operator to which the tasks are assigned shall be certified as ownership unbundled , independent system operator or independent transmission operator and fulfil the requirements provided for in article 43 , but does not have to own the transmission system it is responsible for . the transmission system operator which owns the transmission system shall fulfil the requirements provided for in chapter vi and be certified in accordance with article 43 .


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


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


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


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


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


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


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


### transmission system operators shall not be allowed to own , manage or operate energy storage facilities and shall not own directly or indirectly control assets that provide ancillary services . ### transmission system operators shall be allowed to own , manage or operate energy storage facilities and shall be allowed to own directly or indirectly control assets that provide ancillary services in cases where those facilities or assets are an integral part of the transmission system and where the national regulatory authority has granted its approval and further also in any other cases if the following conditions are fulfilled : other parties , following an open and transparent tendering procedure under the supervision of the national regulatory authorities , have not expressed their interest to own , control , manage or operate such cost - effective facilities offering storage and / or ancillary services to the transmission system operator ; and such facilities or ancillary services are necessary for the transmission system operators to fulfil their obligations under this directive for the efficient , reliable and secure operation of the transmission system and they are not used to sell electricity to the market .


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


### the price to pay ; and , where possible , the breakdown of price ; ### the price to pay and , where relevant , the final price per kwh ; and , where possible , the breakdown of price ;


### ensuring that customers benefit through the efficient functioning of their national market , promoting effective competition and helping to ensure consumer protection ; ### ensuring that customers benefit through the efficient functioning of their national market , promoting effective competition and ensuring consumer protection in close cooperation with relevant consumer protection authorities ;


### member states may provide that one or several responsibilities listed under points to of paragraph 1 be assigned to a transmission system operator other than the one which owns the transmission system to which the concerned responsibilities would otherwise be applicable . the transmission system operator to which the tasks are assigned shall be certified as ownership unbundled and fulfil the requirements provided for in article 43 , but does not have to own the transmission system it is responsible for . the transmission system operator which owns the transmission system shall fulfil the requirements provided for in chapter vi and be certified in accordance with article 43 . ### member states may provide that one or several responsibilities listed under points to of paragraph 1 be assigned to a transmission system operator other than the one which owns the transmission system to which the concerned responsibilities would otherwise be applicable , subject to a formal and reasoned request from the transmission system operator willing to transfer any of its responsibilities and the approval of the concerned member states . the transmission system operator to which the tasks are assigned shall be certified as ownership unbundled and fulfil the requirements provided for in article 43 , but does not have to own the transmission system it is responsible for . the transmission system operator which owns the transmission system shall fulfil the requirements provided for in chapter vi and be certified in accordance with 43 .


### member states which are affected by energy poverty and which have not yet done so should therefore develop national action plans or other appropriate frameworks to tackle this problem , aiming at decreasing the number of people suffering such situation . low income , high energy expenditure , and poor energy efficiency of homes are relevant factors in designing indicators for the measurement of energy poverty . in any event , member states should ensure the necessary energy supply for vulnerable and energy poor customers . in doing so , an integrated approach , such as in the framework of energy and social policy , could be used and measures could include social policies or energy efficiency improvements for housing . at the very least , this directive should allow national policies in favour of vulnerable and energy poor customers . ### member states which are affected by energy poverty and which have not yet done so should develop national action plans or other appropriate frameworks to tackle this problem , aiming at decreasing the number of consumers at risk of energy poverty . low income , high energy expenditure , and poor energy efficiency of homes are relevant factors in designing union - wide indicators for the measurement of energy poverty . in any event , member states should ensure the necessary energy supply for vulnerable and energy poor customers . in doing so , an integrated approach , such as in the framework of energy and social policy , could be used and measures could include social policies or energy efficiency improvements for housing . as a minimum , this directive should support national policies in favour of vulnerable and energy poor customers .


### member states should maintain a wide discretion to impose public service obligations on electricity undertakings in pursuing objectives of general economic interest . member states should ensure that household customers and , where member states deem it appropriate , small enterprises , enjoy the right to be supplied with electricity of a specified quality at clearly comparable , transparent and competitive prices . nevertheless , public service obligations in the form of supply price regulation constitute a fundamentally distortive measure that often leads to the accumulation of tariff deficits , limitation of consumer choice , poorer incentives for energy saving and energy efficiency investments , lower standards of service , lower levels of consumer engagement and satisfaction , restriction of competition as well as fewer innovative products and services on the market . consequently , member states should apply other policy tools , and in particular targeted social policy measures , to safeguard the affordability of electricity supply to their citizens . interventions in price setting should only be applied in limited exceptional circumstances . a fully liberalised retail electricity market would stimulate price and non - price competition among existing suppliers and incentivise new market entries therefore improving consumers ' choice and satisfaction . ### member states should maintain a wide discretion to impose public service obligations on electricity undertakings in pursuing objectives of general economic interest . member states should ensure that household customers and , where member states deem it appropriate , small enterprises , enjoy the right to be supplied with electricity of a specified quality at clearly comparable , transparent and competitive prices . nevertheless , public service obligations in the form of supply price regulation may constitute a fundamentally distortive measure if the price does not reflect the value of electricity and the costs of the supplier and that often leads to the accumulation of tariff deficits , limitation of consumer choice , poorer incentives for energy saving and energy efficiency investments , lower standards of service , lower levels of consumer engagement and satisfaction , restriction of competition as well as fewer innovative products and services on the market . consequently , member states should ensure that their price regulation is not detrimental to competition or apply other policy tools , and in particular targeted social policy measures , to safeguard the affordability of electricity supply to their citizens . interventions in price setting should only be applied in limited exceptional circumstances . a fully liberalised well - functioning retail electricity market would stimulate price and non - price competition among existing suppliers and incentivise new market entries therefore improving consumers ' choice and satisfaction . it should also ensure that all direct and indirect subsidies for electricity from fossil fuels are phased out by 2023 .


### member states which are affected by energy poverty and which have not yet done so should therefore develop national action plans or other appropriate frameworks to tackle this problem , aiming at decreasing the number of people suffering such situation . low income , high energy expenditure , and poor energy efficiency of homes are relevant factors in designing indicators for the measurement of energy poverty . in any event , member states should ensure the necessary energy supply for vulnerable and energy poor customers . in doing so , an integrated approach , such as in the framework of energy and social policy , could be used and measures could include social policies or energy efficiency improvements for housing . at the very least , this directive should allow national policies in favour of vulnerable and energy poor customers . ### energy poverty is a growing problem in the union . member states which are affected by energy poverty and which have not yet done so should therefore develop national action plans or other appropriate frameworks to tackle energy poverty this problem , aiming at decreasing the number of energy poor customers . low income , high energy expenditure , and poor energy efficiency of homes are relevant factors in designing indicators for the measurement of energy poverty . in any event , member states should ensure the necessary energy supply for vulnerable and energy poor customers . in doing so , an integrated approach , such as in the framework of energy and social policy , could be used and measures could include social policies or energy efficiency improvements for housing . this directive should enhance national policies in favour of vulnerable and energy poor customers .


### the communication from the commission of 15 july 2015 ' launching the public consultation process on a new energy market design ' 31 highlighted that the move away from generation in large central power plants towards de - centralized production from renewable energy sources and decarbonized markets requires an adaptation of the current rules of electricity trading and changes to the existing market roles . it underlined needs to organise electricity markets in a more flexible manner and to fully integrate all market players – including renewable energy producers , new energy service providers , energy storage and flexible demand . _________________ 31 com 340 final of 15 . 7 . 2015 . ### the communication from the commission of 15 july 2015 ' launching the public consultation process on a new energy market design ' 31 highlighted that the move away from generation in large central power plants towards de - centralized production from renewable energy sources and decarbonized markets requires an adaptation of the current rules of electricity trading and changes to the existing market roles . it underlined needs to organise electricity markets in a more flexible manner and to fully integrate all market players – including renewable energy producers , new energy service providers , energy storage and flexible demand . it is equally important for the union to invest urgently in interconnection at european level for the transfer of energy through high - voltage , electric power transmission systems . _________________ 31 com 340 final of 15 . 7 . 2015 .


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


### . member states 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 final 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 ensure 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 ensure that the eligible customer is in fact able easily to switch to a new supplier . as regards at least household customers , those measures shall include those set out in annex i .


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


### member states shall provide the necessary regulatory framework to facilitate the connection of publicly accessible and private recharging points to the distribution networks . member states shall ensure that distribution system operators cooperate on a non - discriminatory basis with any undertaking that owns , develops , operates or manages recharging points for electric vehicles , including with regard to connection to the grid . ### member states shall provide the necessary regulatory framework to facilitate the connection of publicly accessible and private recharging points according to the definition of article 8 of directive . . . / . . . [ the revised energy performance of buildings directive ] to the transmission or distribution networks . member states shall ensure that transmission system operators and distribution system operators cooperate on a non - discriminatory basis with any undertaking that owns , develops , operates or manages recharging points for electric vehicles , including with regard to connection to the grid .


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


### 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 and sell self - generated electricity in all organised markets either individually or through aggregators without being subject to disproportionately burdensome procedures and disproportionate charges ;


### information on their rights as regards the means of dispute settlement available to them in the event of a dispute pursuant to article 26 . ### information on the complaint handling process , on the single information point and its contact information , where to find information related to their rights , and contact details of the entity responsible for dispute settlement pursuant to article 26 .


### 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 is in place to ensure efficient treatment of complaints and out of court dispute settlements . those mechanisms shall be able to address all consumer complaints in the energy market , including on bundled offers , new products and services providers such as aggregators and local energy communities . where the customer is an active consumer or a consumer within the meaning of directive 2013 / 11 / eu of the european parliament 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 as defined by the regulator and the ombudsman or consumer body . _________________ 46 oj l 165 , 18 . 6 . 2013 , p . 63–79


### 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 . information on actual consumption 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 .


### where relevant system users that are not shareholders or members of the local energy community connected to the distribution network operated by a local energy community shall be subject to fair and cost - reflective network charges . if such system users and local energy communities cannot reach an agreement on network charges , both parties may request the regulatory authority to determine the level of network charges in a relevant decision ; ### system users connected to the distribution network operated by a local energy community shall be subject to non - discriminatory , fair and cost - reflective network charges . if such system users that are not shareholders or members of a local energy community operating a distribution network and local energy communities cannot reach an agreement on network charges , both parties may request the regulatory authority to determine the level of network charges in a relevant decision ;


### member states should encourage the modernisation of distribution networks , such as through the introduction of smart grids , which should be built in a way that encourages decentralised generation and energy efficiency . ### member states should encourage the modernisation of distribution networks , such as through the introduction of smart grids , which should be built in a way that encourages decentralised generation , energy storage and energy efficiency .


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