Activities of Davor ŠKRLEC related to 2016/0380(COD)
Shadow opinions (1)
OPINION on a proposal for a directive of the European Parliament and of the Council on common rules for the internal market in electricity (recast)
Amendments (33)
Amendment 72 #
Proposal for a directive
Recital 29 a (new)
Recital 29 a (new)
(29a) Community energy offers an inclusive option for all consumers to have a direct stake in producing, consuming and or sharing energy between each other within a geographically confined community network that may operate in an isolated mode or be connected to the public distribution network. Where a community network is set up by a local energy community, access to the local energy community's network should be granted on fair and cost-reflective terms. Individuals should be able to leave a local energy community that operates a community network without losing access to the network operated by the community energy initiative or their rights as consumers.
Amendment 73 #
Proposal for a directive
Recital 29 b (new)
Recital 29 b (new)
(29b) With the growing importance of active consumers, there is a need to strike a balance between rewarding those that choose to participate where their participation results in benefits to the energy system, and ensuring the ability of distribution system operators to maintain the grid in a cost-efficient and secure way in the long term. Tariffs and remuneration for self-consumption should incentivise smarter renewables integration technologies and motivate renewables self- consumers to make investment decisions that mutually benefit the customer and the grid. To allow for such a balance, it is necessary to ensure that renewable self consumers and local renewable energy communities are entitled to receive a remuneration for the self-generated renewable electricity they feed into the grid which reflects the market value of the electricity fed in, as well as the long-term value to the grid, the environment and society. This must include both long-term costs and benefits of self-consumption in terms of avoided costs to the grid, society and the environment, especially when combined with other distributed energy resources such as energy efficiency, energy storage, demand response and community networks.
Amendment 75 #
Proposal for a directive
Recital 30
Recital 30
(30) Distributed energy technologies and consumer empowerment have made community energy and energy cooperatives an effective and cost-efficient way to meet citizens' needs and expectations regarding energy sources, services and local participation. Community energy offers an inclusive option for all consumers to have a direct stake in producing, consuming or sharing energy between each other within a geographically confined community network that may operate in an isolated mode or be connected to the public distribution network. Community energy initiativinitiatives, or local energy communities, focus primarily on providing affordable energy of a specific kind, such as renewable energy, for their members or shareholders, or to alleviate problems concerning a decreasing standard of living or to strengthen community interaction, rather than prioritising profit- making like a traditional energy company. By directly engaging with consumers community energy initiatives are demonstrating their potential in facilitating the up-take of new technologies and consumption patterns, including smart distribution grids and demand response, in an integrated manner. Community energy can also advance energy efficiency at household level and help fight energy poverty through reduced consumption and lower supply tariffs. Community energy also enables certain groups of household consumers to participate in the energy market who otherwise might not have been able to do so. Where they have been successfully operated such initiatives have delivered economic, social and environmental value to the community that goes beyond the mere benefits derived from the provision of energy services. Local energy communities should be allowed to operate on the market on a level-playing field without distorting competition. Household consumers should be allowed to voluntarily participate in a community energy initiative as well as to leave while maintaining all their rights as a consumer, including their right to choice and to a good quality of supply. Individuals should be able to leave a local energy communit,y without losing access to the network operated by the community energy initiative or their rights as consumers. Access to a local energy community's network should be granted on fair and cost-reflective terms.
Amendment 100 #
Proposal for a directive
Article 1 – paragraph 1
Article 1 – paragraph 1
Directive 2009/72/EU
Article 1
Article 1
This Directive establishes common rules for the generation, transmission, distribution, storage and supply of electricity, together with consumer protection provisions, with a view to creating truly integrated competitive, consumer-centered and flexible electricity markets in the Union. Using the advantages of an integrated market, the Directive aims at ensuring affordable energy prices for consumers, a high degree of security of supply and a smooth transition towards a decarbonised energy system. It lays down key rules relating to the organisation and functioning of the European electricity sector, in particular rules on consumer empowerment and protection, on open access to the integrated market, on third party access to transmission and distribution infrastructure, unbundling rules, and on independent national energy regulators. Consumer interests shall be at the heart of this Directive and quality of service shall be a central responsibility of electricity undertakings. Existing rights of consumers need to be strengthened and guaranteed, and shall include greater transparency. Consumer protection shall ensure that all consumers in the wider remit of the Community benefit from a competitive market. Consumer rights shall be enforced by Member States or, where a Member State has so provided, the regulatory authorities.
Amendment 118 #
Proposal for a directive
Article 3 – paragraph 2
Article 3 – paragraph 2
Directive 2009/72/EC
Article 3 – paragraph 2
Article 3 – paragraph 2
2. Members States shall ensure that no undue barriers exist for market entry and market exit of electricity generation and electricity supply undertakings and for demand response providers.
Amendment 145 #
Proposal for a directive
Article 8 – paragraph 1
Article 8 – paragraph 1
Directive 2009/72/EC
Article 8 – paragraph 1
Article 8 – paragraph 1
1. FBefore the construction of new generating capacity, Member States shall assess the levels of energy savings, efficiency and the demand response potential in the affected area as more cost-effective alternative to new generation capacity. In case new generation capacity is needed, Member States shall adopt an authorisation procedure, which shall be conducted in accordance with objective, transparent and non- discriminatory criteria.
Amendment 146 #
Proposal for a directive
Article 8 – paragraph 2 – point f a (new)
Article 8 – paragraph 2 – point f a (new)
Directive 2009/72/EC
Article 8 – paragraph 2 – point f
Article 8 – paragraph 2 – point f
(fa) the demand response potential in the affected area
Amendment 148 #
Proposal for a directive
Article 8 – paragraph 3 – subparagraph 2
Article 8 – paragraph 3 – subparagraph 2
Member States mayshall set guidelines for that specific authorisation procedure, which shall be publicly available. National regulatory authorities or other competent national authorities including planning authorities shall review those guidelines and may recommend amendments thereto.
Amendment 159 #
Proposal for a directive
Article 11 – paragraph 3
Article 11 – paragraph 3
Directive 2009/72/EC
Article 11 – paragraph 3
Article 11 – paragraph 3
3. Member States, through their National Regulatory Authorities, shall monitor and report annually, for at least a ten-year period after such contracts become available, on the main developments of such contracts including market offers, the impact on consumers' bills and specifically the level of price volatility as well as the share of the energy component in the consumer bill, and on consumers' sensitivity to the level of financial risk.
Amendment 162 #
Proposal for a directive
Article 12 – paragraph 3
Article 12 – paragraph 3
Directive 2009/72/EC
Article 12 – paragraph 3
Article 12 – paragraph 3
3. By way of derogation from paragraph 2, Member States may choose to permit suppliers to charge reasonable 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, as verified by the national regulatory authority.
Amendment 163 #
Proposal for a directive
Article 13 – paragraph 2
Article 13 – paragraph 2
Directive 2009/72/EC
Article 13 – paragraph 2
Article 13 – paragraph 2
2. Member States shall ensure that a final customer wishing to terminate thean ongoing contract with an aggregator, is entitled to such termination, while respecting contractual conditions, is entitled to such termination within three weeksmmitted flexibility and contractual conditions, which differ in nature to the supplier-customer relationship.
Amendment 167 #
Proposal for a directive
Article 15 – paragraph 1 – point a
Article 15 – paragraph 1 – point a
Directive 2009/72/EC
Article 15 – paragraph 1 – point a
Article 15 – paragraph 1 – point a
(a) are entitled to generate, store, consume and sell self-generated electricity in all organised markets either individually or through aggregators without being subject to discriminatory or disproportionately burdensome procedures and charges that are not cost reflective;
Amendment 170 #
Proposal for a directive
Article 15 – paragraph 1 – point b
Article 15 – paragraph 1 – point b
Directive 2009/72/EC
Article 15 – paragraph 1 – point b
Article 15 – paragraph 1 – point b
(b) are subject to cost reflective, transparent and non-discriminatory network charges, accounting separately for the electricity fed into the grid and the electricity consumed from the gridwhich reflect both the costs and benefits to the network based on a transparent cost benefit analysis developed by the National Regulatory Authority, in line with Article 59(8) paragraph 8.
Amendment 185 #
Proposal for a directive
Article 16 – paragraph 2 – point e
Article 16 – paragraph 2 – point e
Directive 2009/72/EC
Article 16 – paragraph 2 – point e
Article 16 – paragraph 2 – point e
Amendment 188 #
Proposal for a directive
Article 16 – paragraph 2 a (new)
Article 16 – paragraph 2 a (new)
Directive 2009/72/EC
Article 16 – paragraph 2 a (new)
Article 16 – paragraph 2 a (new)
2a. Where a local energy community performs activities of a distribution system operator, provisions of Chapter IV shall apply;
Amendment 189 #
Proposal for a directive
Article 16 – paragraph 2 b (new)
Article 16 – paragraph 2 b (new)
2b. Member States, through their National Regulatory Authorities, shall monitor market access, treatment and procedures and charges applied to local energy communities, the impact of local energy communities on competition and consumer empowerment and protection, and local community benefits including their contribution towards alleviating energy poverty. They shall report annually to the Commission and, when appropriate, to national competition authorities in accordance with Article 59 paragraph 1(n).
Amendment 191 #
Proposal for a directive
Article 17 – paragraph 3 – introductory part
Article 17 – paragraph 3 – introductory part
Directive 2009/72/EC
Article 17 – paragraph 3
Article 17 – paragraph 3
3. Member States shall ensure that their regulatory framework encourages the participation of aggregators in the retaiall markets and that it contains at least the following elements:
Amendment 192 #
Proposal for a directive
Article 17 – paragraph 3 – point b
Article 17 – paragraph 3 – point b
Directive 2009/72/EC
Article 17 – paragraph 3 – point b
Article 17 – paragraph 3 – point b
(b) transparent rules clearly assigning roles and responsibilities to all market participants, including on operational security;
Amendment 195 #
Proposal for a directive
Article 17 – paragraph 3 – point d
Article 17 – paragraph 3 – point d
Directive 2009/72/EC
Article 17 – paragraph 3 – point d
Article 17 – paragraph 3 – point d
(d) aggregators shall not be requiredno requirements for aggregators to pay compensation to suppliers or generators;
Amendment 196 #
Proposal for a directive
Article 17 – paragraph 4 – subparagraph 1
Article 17 – paragraph 4 – subparagraph 1
Directive 2009/72/EC
Article 17 – paragraph 4 – subparagraph 1
Article 17 – paragraph 4 – subparagraph 1
In order to ensure that balancing costs and benefits induced by aggregators are fairly assigned to market participants, the aggregator should always be responsible for the balancing of the volumes he has committed and delivers during the activation of demand response activities. Member States may exceptionally allow compensation payments between aggregators and balance responsible parties. Such compensation payments must be limited to situations where one market participant induces imbalances to another market participant resulting in a financial cost.
Amendment 201 #
Proposal for a directive
Article 18 – paragraph 3 – subparagraph 1
Article 18 – paragraph 3 – subparagraph 1
Directive 2009/72/EC
Article 18 – paragraph 3
Article 18 – paragraph 3
Billing shall take place on the basis of actual consumption at least once a year. Billing and consumption information shall be made available at least once every three months, upon request or where the final customcontinuously online where a smart meters have opted to receive electronic billing or else twice a years been installed, or else at least once every month.
Amendment 216 #
Proposal for a directive
Article 21 – paragraph 1 – point a
Article 21 – paragraph 1 – point a
Directive 2009/72/EC
Article 21 – paragraph 1 – point a
Article 21 – paragraph 1 – point a
(a) is equipped where technically feasible with functionalities referred to in Article 20, or with a minimum set of functionalities to be defined and published by Member States at national level and in line with the provisions in Annex III,
Amendment 222 #
Proposal for a directive
Article 26 – paragraph 1
Article 26 – paragraph 1
Directive 2009/27/EC
Article 26
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 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 Parliamendt 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 . _________________ 46defined by the regulator and the ombudsman or consumer body. _________________ 46 OJ L 165, 18.6.2013, p. 63–79 OJ L 165, 18.6.2013, p. 63–79
Amendment 225 #
Proposal for a directive
Article 28 – paragraph 2
Article 28 – paragraph 2
Directive 2009/72/EC
Article 28 – paragraph 2
Article 28 – paragraph 2
2. Member States shall take appropriate measures, such as formulating national energy action plans, providing benefits in social security systems to ensure the necessary electricity supply to vulnerable customers, or providing for support for energy efficiency improvements, for instance by local energy communities, taking into account the assessment undertaken pursuant to Section A.3.1.2 of Annex I of [Governance Regulation COM(2016)759], to address energy poverty where identified, including in the broader context of poverty. Such measures shall not impede the effective opening of the market set out in Article 4 or market functioning and shall be notified to the Commission, where relevant, in accordance with the provisions of Article 9(4) . Such notification may also include measures taken within the general social security system.
Amendment 234 #
Proposal for a directive
Article 33 – paragraph 1
Article 33 – paragraph 1
Directive 2009/72/EC
Article 33 – paragraph 1
Article 33 – paragraph 1
1. 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, paragraph 2 of the Energy Performance of Buildings Directive [revised] 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.
Amendment 248 #
Proposal for a directive
Article 36 – paragraph 2 – point b
Article 36 – paragraph 2 – point b
Directive 2009/72/EC
Article 36 – paragraph 2 – point b
Article 36 – paragraph 2 – point b
(b) such facilities are necessary forused by the distribution system operators to fulfil their exclusively for the purpose of fulfilling its obligations under this Directive for the efficient, reliable and secure operation of the distribution system; and
Amendment 285 #
Proposal for a directive
Article 59 – paragraph 1 – point q Directive 2009/72/EC
Article 59 – paragraph 1 – point q Directive 2009/72/EC
(q) 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;
Amendment 286 #
Proposal for a directive
Article 59 – paragraph 1 – point x a (new)
Article 59 – paragraph 1 – point x a (new)
Directive 2009/72/EC
Article 59 – paragraph 1 – point x a (new)
Article 59 – paragraph 1 – point x a (new)
(xa) monitor market access for local energy communities, including the number of existing local energy communities, regulatory barriers that prevent market access or participation in different activities, their equal treatment, their impact on competition and consumer protection, and the benefits they provide, including vulnerable consumers and households experiencing energy poverty.
Amendment 287 #
Proposal for a directive
Article 59 – paragraph new8
Article 59 – paragraph new8
Directive 2009/72/EC
Article 59 – paragraph 8
Article 59 – paragraph 8
new8. With a view to increasing transparency in the market and provide to all interested parties all necessary information, decisions or proposals for a decision concerning transmission and distribution tariffs as referred in Article 60(3),12), national regulatory authorities shall make available to market parties the detailed methodology and underlying costassumptions used for the calculation of the relevant network tariffs, which shall include a cost benefit analysis for distributed energy resources, including an assessment of their potential value to the grid and the contribution to other energy policy objectives, in particular those provided by active customers and local energy communities.
Amendment 295 #
Proposal for a directive
Annex I – paragraph 1 – point b
Annex I – paragraph 1 – point b
Directive 2009/72/EC
Annex 1 – point b
Annex 1 – point b
(b) clearly disclose their owners and the natural or legal person operating the tool, as well as information on how the tools are financed;
Amendment 296 #
Proposal for a directive
Annex I – paragraph 1 – point e – point i (new)
Annex I – paragraph 1 – point e – point i (new)
Directive 2009/27/EC
Annex 1 point e – i
Annex 1 point e – i
(i) - the tariff and breakdown in terms of taxes, levies, fees and charges contained in the energy tariff - the percentage share of energy sources used for the overall energy mix over the preceding year; - the exact nature of an advertised ´Green tariff' including the level of additionality; - the information on the environmental impact of the energy mix, in terms of CO2 emissions and radioactive waste resulting from the electricity produced by the overall fuel mix of the supplier over the preceding year; - quality of service, complaint-handling procedures, level of consumer satisfaction or misleading practices;
Amendment 299 #
Proposal for a directive
Annex II – point 1 – paragraph 4
Annex II – point 1 – paragraph 4
Directive 2009/72/EC
Annex I – paragraph 1 – subparagraph 3
Annex I – paragraph 1 – subparagraph 3
In addition, comparisons with an average normalised or benchmarked customer in the same user category shall be made available to final customers in, as well as an evaluation describing which of the provided tariffs would be most advantageous for the consumer, if the consumption pattern of the previous year is repeated in the coming year, with or signposted to within, their bills and periodical settlement bills.
Amendment 303 #
Proposal for a directive
Annex II – point 4 – paragraph 2 – point c
Annex II – point 4 – paragraph 2 – point c
Directive 2009/72/EU
Annex II – point 4 – paragraph 2 – point c
Annex II – point 4 – paragraph 2 – point c
(c) as a minimum the reference to existing reference sources, such as web pages, where information on the environmental impact, in terms of at least CO2 emissions and the radioactive waste resulting from the electricity produced by the overall fuel mix of the supplier over the preceding year is publicly available;