art_3__point_4__text_2

‘Article 4a 1. A European central platform (“the platform”) shall be established. 2. The system of interconnection of registers shall be composed of: the registers of Member States, the platform, the portal serving as the European electronic access point. 3. The Member States shall ensure the interoperability of their registers within the system of interconnection of registers via the platform. 4. Member States may establish optional access points to the system of interconnection of registers. They shall notify the Commission without undue delay of the establishment of such access points and of any significant changes to their operation. 5. Access to information from the system of interconnection of registers shall be ensured through the portal and through the optional access points established by the Member States. 6. The establishment of the system of interconnection of registers shall not affect existing bilateral agreements concluded between Member States concerning the exchange of information on companies. Article 4b 1. The Commission shall decide to develop and/or operate the platform either by its own means or through a third party. Should the Commission decide to develop and/or operate the platform through a third party, the choice of the third party and the enforcement by the Commission of the agreement concluded with that third party shall be done in accordance with Council Regulation (EC, Euratom) No 1605/2002 of 25 June 2002 on the Financial Regulation applicable to the general budget of the European Communities OJ L 248, 16.9.2002, p. 1. . 2. Should the Commission decide to develop the platform through a third party, it shall, by means of implementing acts, establish the technical specifications for the purpose of the public procurement procedure and the duration of the agreement to be concluded with that third party. 3. Should the Commission decide to operate the platform through a third party, it shall, by means of implementing acts, adopt detailed rules on the operational management of the platform. The operational management of the platform shall include, in particular: the supervision of the functioning of the platform, the security and protection of data distributed and exchanged using the platform, the coordination of relations between Member States’ registers and the third party. The supervision of the functioning of the platform shall be carried out by the Commission. 4. The implementing acts referred to in paragraphs 2 and 3 shall be adopted in accordance with the examination procedure referred to in Article 4e(2). Article 4c By means of implementing acts, the Commission shall adopt the following: (a) the technical specification defining the methods of communication by electronic means for the purpose of the system of interconnection of registers; (b) the technical specification of the communication protocols; (c) the technical measures ensuring the minimum information technology security standards for communication and distribution of information within the system of interconnection of registers; (d) the technical specification defining the methods of exchange of information between the register of the company and the register of the branch as referred to in Article 3d of this Directive and in Article 5a of Eleventh Council Directive 89/666/EEC of 21 December 1989 concerning disclosure requirements in respect of branches opened in a Member State by certain types of company governed by the law of another State OJ L 395, 30.12.1989, p. 36. ; (e) the detailed list of data to be transmitted for the purpose of exchange of information between registers, as referred to in Article 3d of this Directive, in Article 5a of Directive 89/666/EEC, and in Article 13 of Directive 2005/56/EC of the European Parliament and of the Council of 26 October 2005 on cross-border mergers of limited liability companies OJ L 310, 25.11.2005, p. 1. ; (f) the technical specification defining the structure of the standard message format for the purpose of the exchange of information between the registers, the platform and the portal; (g) the technical specification defining the set of the data necessary for the platform to perform its functions as well as the method of storage, use and protection of such data; (h) the technical specification defining the structure and use of the unique identifier for communication between registers; (i) the specification defining the technical methods of operation of the system of interconnection of registers as regards the distribution and exchange of information, and the specification defining the information technology services, provided by the platform, ensuring the delivery of messages in the relevant language version; (j) the harmonised criteria for the search service provided by the portal; (k) the payment modalities, taking into account available payment facilities such as online payments; (l) the details of the explanatory labels listing the particulars and the types of documents referred to in Article 2; (m) the technical conditions of availability of services provided by the system of interconnection of registers; (n) the procedure and technical requirements for the connection of the optional access points to the platform. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 4e(2). The Commission shall adopt those implementing acts by 7 July 2015. Article 4d 1. The establishment and future development of the platform and the adjustments to the portal resulting from this Directive shall be financed from the general budget of the Union. 2. The maintenance and functioning of the platform shall be financed from the general budget of the Union and may be co-financed by fees for access to the system of interconnection of registers charged to its individual users. Nothing in this paragraph shall affect fees at the national level. 3. By means of delegated acts and in accordance with Article 13a, the Commission may adopt rules on whether to co-finance the platform by charging fees, and, in that case, the amount of the fees charged to individual users in accordance with paragraph 2. 4. Any fees imposed in accordance with paragraph 2 shall be without prejudice to the fees, if any, charged by Member States for obtaining documents and particulars as referred to in Article 3c(1). 5. Any fees imposed in accordance with paragraph 2 shall not be charged for obtaining the particulars referred to in points (a), (b) and (c) of Article 3c(2). 6. Each Member State shall bear the costs of adjusting its domestic registers, as well as their maintenance and functioning costs resulting from this Directive. Article 4e 1. The Commission shall be assisted by a committee. That committee shall be a committee within the meaning of Regulation (EU) No 182/2011 of the European Parliament and of the Council of 16 February 2011 laying down the rules and general principles concerning mechanisms for control by Member States of the Commission’s exercise of implementing powers OJ L 55, 28.2.2011, p. 13.’. . 2. Where reference is made to this paragraph, Article 5 of Regulation (EU) No 182/2011 shall apply.

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Source: EUR-Lex (Cellar) · retrieved 2026-10-12 · Text as adopted (Official Journal); later amendments are not incorporated in this text.