Activities of Josef WEIDENHOLZER related to 2013/2153(INI)
Reports (1)
REPORT on consumer protection – protection of consumers in utilities services PDF (167 KB) DOC (80 KB)
Amendments (40)
Amendment 7 #
Motion for a resolution
Recital A
Recital A
A. having regard towhereas acknowledging the lack of an adequate definition of 'utility services' at Union level and the differing interpretations employed byrespective powers of the Union and the Member States in that area;
Amendment 14 #
Motion for a resolution
Recital B
Recital B
B. having regard towhereas the particular importance of utility services, the need to guarantee consumers freecomprehensive and open access to such services and the need to lay down binding ruleUnion legal provisions on access to such services for vulnerable consumers;
Amendment 20 #
Motion for a resolution
Recital C
Recital C
C. whereas, however, the existing legal framework is inadequate, and whereas binding rules are needed to guarantee a to guarantee the needed higher level of consumer protection and access to utility services;
Amendment 22 #
Motion for a resolution
Recital C a (new)
Recital C a (new)
Ca. whereas Directive 2011/83/EU on consumer rights and relevant sectoral legislation establish a legal framework for consumer protection in the utilities sector;
Amendment 28 #
Motion for a resolution
Paragraph 1
Paragraph 1
1. Takes the view that utility services have common characteristics; urges that basic consumer rights which cover all utility services should be harmonised at Community levelStresses that in view of the essential nature of utility services the legal framework governing their supply should guarantee a minimum of common elements, such as notably the reliability and trustworthiness, the continuity, comprehensiveness and high quality; notes that it is crucial that the supply of utility services is ensured at affordable prices for all consumers;
Amendment 29 #
Motion for a resolution
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Reminds Member States that the Directive on consumer rights has to be transposed by mid-December 2013 and will be applicable to all contracts concluded after the 13th of June 2014;
Amendment 30 #
Motion for a resolution
Paragraph 1 b (new)
Paragraph 1 b (new)
1b. Calls on the Commission to swiftly submit the implementation report on the application of the Directive on consumer rights and encourages the Commission to examine the interaction between the Directive on consumer rights and the sectoral legislation on utility services with a view to identify potential loopholes as to the level and quality of consumer protection in the utilities sectors;
Amendment 36 #
Motion for a resolution
Paragraph 2
Paragraph 2
2. Emphasises that utility services are also services of general economic interest (SGEIs); calls on the Commission to propose as soon as possible a European legal framework forto protect SGEIs;
Amendment 37 #
Motion for a resolution
Paragraph 2 a (new)
Paragraph 2 a (new)
2. Emphasises that utility services are also services of general economic interest (SGEIs); calls on are also utility services and recognises the Ccommission to propose as soon as possible a European legal framework for SGEIpetences of national authorities in this regard, as well as the fact that regional and local authorities may be better placed to identify particular insufficiencies and necessary improvements when it comes to the delivery of utility services in their respective communities;
Amendment 38 #
Motion for a resolution
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Believes, nevertheless, that in order to guarantee the equal treatment of consumers throughout the Union (with respect to access, cost and quality of SGEIs), the Commission should assist Member States at delineating the rights and obligations of both consumers and providers of SGEI in a consistent fashion within the whole of the Union;
Amendment 43 #
Motion for a resolution
Paragraph 3
Paragraph 3
3. Points out that consumer protection is effective only if consumers' rights can actually be enforced; emphasises the need to establish a legal framework for European class actionscalls therefore on the Member States to correctly implement the existing Union legislation on consumer protection; underlines the importance to provide ways for consumers to solve disputes between them and businesses; calls in this context on Member States to swiftly implement Directive 2013/11/EC on alternative dispute resolution for consumer disputes, but emphasises the need to establish a legal framework for European collective redress to complement the consumer disputes mechanisms set out in Directive on alternative dispute resolution and Regulation (EU) No 524/2013 on online dispute resolution;
Amendment 44 #
Motion for a resolution
Paragraph 3
Paragraph 3
3. Points out that consumer protection is effective only if consumers' rights can actually be enforced; emphasises the need to establish a legal framework for European class actioncollective redress proceedings;
Amendment 45 #
Motion for a resolution
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Highlights that raising consumers' awareness concerning their rights plays a key role in obtaining a high level of consumer protection, but underlines also the fundamental role of customer service on behalf of utility service providers; individuals responsible for contacts with clientele should be trained and aware of the rights of consumers; encourages therefore utility service providers to train their employees accordingly and ensure that all their customers at all times have easy access to personalised assistance;
Amendment 46 #
Motion for a resolution
Paragraph 4
Paragraph 4
4. Stresses that consumers and other representatives of civil society should be involved at all levels in the definition, organisation, provision and assessment of utility services;evaluation of the supply of utility services; calls on the Commission to establish within the legal instruments addressing the specific utility sectors mechanisms, that would ensure the appropriate levels of consultation and participation of consumers.
Amendment 51 #
Motion for a resolution
Paragraph 5
Paragraph 5
5. Emphasises that the existence of strongPoints out that effective consumer organisations should be independent - in particular, of the industry - be representative of domestic consumers (in particular, the needs of disadvantaged or vulnerable consumers), iandependent consumer organisations is a sine qua non for comprehensive consumer protection transparent; calls on the Member States to assign consumer organisations with clear powers and duties, access to relevant information and adequate resources (in terms of funding, staff and powers); calls on the Commission to improve the involvement of consumers;
Amendment 59 #
Motion for a resolution
Paragraph 6
Paragraph 6
6. Emphasises that all consumers, irrespective of their financial circumstances, should be guaranteed access to utility services and; suggests that special arrangements, such as exemption from charges, should be introduced for 'vulnerable consumers'; points ouespecially charges which are not directly linked to the cost of the supply of the utility service itself, could be introduced, with a special regard for 'vulnerable consumers' and reminds in this context that any consumer may find him/herself in a situation in which he/she needs special protection;
Amendment 64 #
Motion for a resolution
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Believes that utility services should not be subject to promotional advertising; encourages instead the Commission and Member States to raise the awareness of consumers as to their choice of providers and knowledge of tariffs in order to assist them in making informed choices;
Amendment 72 #
Motion for a resolution
Paragraph 7
Paragraph 7
7. Points out that the liberalisation of energy markets has not systematically led to greater competition and lower prices for consumers and, from consumers' point of view, has made the range of services and tariffs available more confusingin many Member States, consumer organisations have raised the concern that the liberalisation of energy markets has not led to lower prices for consumers and that in some Member States, there is no real competition despite the market liberalisation;
Amendment 75 #
Motion for a resolution
Paragraph 7 a (new)
Paragraph 7 a (new)
7a. Highlights that from the consumers' point of view, the changes in the energy market have made the range of services and tariffs available more confusing; the differences between prices and services offered are often not transparent enough, and many energy providers refuse to make their data available for comparison purposes despite the minimum requirements concerning price transparency set out in the relevant EU legislation; takes the view that this information asymmetry is putting consumers at a disadvantage;
Amendment 76 #
Motion for a resolution
Paragraph 7 b (new)
Paragraph 7 b (new)
7b. takes note of the fact that the third energy package contains provisions concerning consumer information, and acknowledges that the Commission has set out a non-binding model on how a consumer friendly energy bill should be constructed; however underlines that despite the good efforts, the problem continues to exist; therefore calls on the Commission to set out guidelines on energy price transparency and clear and comprehensible energy bills, together with consumer organisations, energy suppliers and the Member States;
Amendment 77 #
Motion for a resolution
Paragraph 7 c (new)
Paragraph 7 c (new)
7c. Highlights the importance of consumers' involvement platforms to strengthen their role and welcomes the Citizens Energy Forum organised yearly by the Commission, as a good example of bringing together consumers, regulators and gas and electricity suppliers; encourages the Commission to establish similar formats also for other utility services falling under EU sectoral legislation;
Amendment 82 #
Motion for a resolution
Paragraph 8
Paragraph 8
8. Points ouDraws attention to the fact that energy poverty is on the increase in many Member States, and calls on the Commission and the Member States to address this problem, in particular becausepoints out that in this context service providers are benefiting from cheap wholesale prices, but consumers aren't;
Amendment 83 #
Motion for a resolution
Paragraph 8 a (new)
Paragraph 8 a (new)
8a. Welcomes the work of the Vulnerable Consumers working group in the framework of the Citizens Energy Forum; encourages the working group to take a holistic view on energy poverty and to pay special attention to the interaction between energy poverty and other social and societal issues often linked to vulnerability;
Amendment 92 #
Motion for a resolution
Paragraph 10 a (new)
Paragraph 10 a (new)
10a. Highlights that collective switching has already shown benefits for consumers; calls on the Commission to evaluate benefits for consumers from collective switching in the energy sector, as well as risks that might be associated with it; considers that measures enabling consumers to switch energy supplier without incurring penalties for breach of contract should be implemented at EU level;
Amendment 96 #
Motion for a resolution
Paragraph 12
Paragraph 12
Amendment 102 #
Motion for a resolution
Paragraph 13
Paragraph 13
Amendment 109 #
Motion for a resolution
Paragraph 14
Paragraph 14
14. Takes the view that where smart metering is employed priority must be given to thePoints out that according to recent studies, smart metering has in many Member States not lead to any or only minimal cost savings for consumers, and have not beenefits for customers and data protection and that the relevant costs must not b accepted by consumers; is concerned that smart metering enables the gathering of very detailed information of the inhabitants of the household in question (e.g. how many persons stay in the apassertment/house, their presence and non to consumers-presence, the amount of electric equipment they are using etc.);
Amendment 110 #
Motion for a resolution
Paragraph 14 a (new)
Paragraph 14 a (new)
14a. Underlines that if smart metering is employed, absolute priority must be given to the protection of the data of the consumer, the actual benefits for customers; highlights further that the costs of installation and maintenance must not be passed on to consumers;
Amendment 114 #
Motion for a resolution
Paragraph 15
Paragraph 15
15. Calls for legislative measures to guaranteeStresses that the consumer aspect of the telecommunications sector is of outmost importance, underlines the significance of all consumers having access to high- quality telecommunications services andin order to narrow the digital divide;
Amendment 115 #
Motion for a resolution
Paragraph 15 a (new)
Paragraph 15 a (new)
15a. Highlights that vulnerable consumers might need special provisions so as to enjoy the full range of telecommunications services and encourages the Member States to pay special attention to the situation of vulnerable consumers in this context, especially the elderly, disabled and financially disadvantaged; welcomes the initiatives taken by some Member States to promote equivalent access for disabled users and encourages other Member States to follow this example;
Amendment 118 #
Motion for a resolution
Paragraph 16
Paragraph 16
16. Emphasises that consumer confidence is decisive for the functioning and growth of the digital single market; points out that in order to achieve consumers' confidence the internet must remain open and net-neutral and; underlines that the protection of personal data and privacy must havebe a priority, as this is the only way to build citizens trust;
Amendment 123 #
Motion for a resolution
Paragraph 17
Paragraph 17
17. Notes that data portability and interoperability are essential ifor innovation; points out that these two concepts would also help consumers are to become less dependent on providers and enjoy a greater freedom tof choose their provider and if innovation is to be fosteredice; takes the view that all consumers should be able to switch provider at any time, free of chargewithout additional costs, without loss of data and with a minimum of formalities;
Amendment 124 #
Motion for a resolution
Paragraph 17 a (new)
Paragraph 17 a (new)
17a. Calls on the Commission to look into consumers producing online content and encourages the establishment of transparent and fair remuneration models for online content, while acknowledging the distinction between illegal piracy and legal activities carried out by private consumers on a small scale and without commercial motivation;
Amendment 131 #
Motion for a resolution
Paragraph 18
Paragraph 18
18. Notes that the liberalisation of postal services has not brought the promised benefits for consumers, but has instead destroyed structures which it will be very difficult to re-establishAcknowledges that Directive 2008/6/EC does guarantee postal services as a universal service, but notes that the liberalisation of postal services has de facto lead to a decrease of the number of post offices, letter boxes and parcel delivery points, disadvantaging consumers, especially in the rural areas; calls on the Commission to look into this in its implementation Report;
Amendment 132 #
Motion for a resolution
Paragraph 18 a (new)
Paragraph 18 a (new)
18a. Welcomes the Commission upcoming Report on the implementation of the Directive on the internal market of Community postal services (Directive 2008/6/EC) which is due by the end of 2013;
Amendment 133 #
Motion for a resolution
Paragraph 19
Paragraph 19
Amendment 140 #
Motion for a resolution
Paragraph 20
Paragraph 20
20. Calls on the Commission to study the impact of the liberalisation of postal services, in particular in order to determine whether a reliable universal service is beand reminds the Commission that according to Article 23 of the Directive on Postal Services, the Commission should pay special attention to the developments in the postal sector concerning social aspects, employment patterns and the quality of service; calls ing provided and whetherarticular the Commission to ensure that people working for mail delivery firms enjoy decent working conditions;
Amendment 142 #
Motion for a resolution
Paragraph 20 a (new)
Paragraph 20 a (new)
20a. Welcomes that the Commission has established a postal service users forum, as announced by Commissioner Barnier in his response to the oral question on the implementation of Directive 2008/6/EC (O-0114/2010 ) and which brings together enterprises, trade unions and various actors in the e-commerce sector; encourages the Commission to publish more information on the discussions and conclusions of this forum and calls on the Commission to invite also representatives of the European Parliament to participate in the debates of the forum;
Amendment 143 #
Motion for a resolution
Paragraph 20 b (new)
Paragraph 20 b (new)
20b. Points out that according to Article 19 of Directive 2008/6/EC the universal service providers are obliged to publish information on the number of complaints and how they have been dealt with; regrets that there is no EU wide overview concerning the complaints raised and encourages the Member States and the Commission to collect, analyse and make publicly available the data provided by the universal service providers;
Amendment 150 #
Motion for a resolution
Paragraph 22
Paragraph 22
22. Emphasises that high-quality, comprehensive and freeeasily accessible local public transport constitutes a basic service which must also be made available in areas where it is less profitable;