If you need to subscribe and then use a password – is this to be considered a free access website if anyone can subscribe to the website?

No, free access is to be understood as without having to pay or provide personal information (including email address or phone number). If a regulation, however, refers to a part for professionals of free access websites (e.g. Regulation 666/2013) that part for professionals can require subscription through password.

_{Disclaimer: Please note that the European Commission cannot provide a legally binding interpretation of the EU legislation, as this is the sole competence of the European Court of Justice. Any remarks from the European Commission services are without prejudice to the position the Commission might take should related cases arise in a procedure before the Court of Justice.}