S.L. 545.34 Art. 12Active customers.

(1) Final customers shall be entitled to act as active customers without being subject to disproportionate or discriminatory technical requirements, administrative requirements, procedures and charges, and to network charges that are not cost-reflective.

(2) (a) Active customers shall have the right to:

(i) operate either directly or through aggregation;

(ii) sell self-generated electricity, including through power purchase agreements;

(iii) participate in flexibility schemes and energy efficiency schemes;

(iv) delegate to a third party the management of the installations required for their activities, including installation, operation, data handling and maintenance, without that third party being considered to be an active customer;

(b) Active customers shall be:

(i) subject to cost-reflective, transparent and non-discriminatory network charges that account separately for the electricity fed into the grid and the electricity consumed from the grid, in accordance with regulation 47(6) and Article 18 of Regulation (EU) 2019/ 943, ensuring that they contribute in an adequate and balanced way to the overall cost sharing of the system;

(ii) financially responsible for the imbalances they cause in the electricity system; to that extent they shall be balance responsible parties or shall delegate their balancing responsibility in accordance with Article 5 of Regulation (EU) 2019/943:

Provided that until such time that a liquid intraday market is developed the DSO shall bear the balancing responsibility.

(3) Existing schemes that do not account separately for the electricity fed into the grid and the electricity consumed from the grid, st shall not grant new rights under such schemes after 31 December