47 Amendments of Dan NICA related to 2016/0380(COD)
Amendment 199 #
Proposal for a directive
Article 2 – paragraph 1 – point 39
Article 2 – paragraph 1 – point 39
39. 'regional opercoordinational centre' means the regional opercoordinational centre as defined in Article 32 of the [recast of Regulation 714/2009 as proposed by COM(2016)861/2]. (This amendment applies throughout the text adopting it will necessite changes throughout.)
Amendment 202 #
Proposal for a directive
Article 2 – paragraph 1 – point 47
Article 2 – paragraph 1 – point 47
47. 'energy storage' means, in the electricity system, deferring an amount of the electricity that was generated to the moment of use, either as final energy or converted intothe conversion of electrical energy into a form of energy which can be stored, the storing of that energy, and the subsequent reconversion of that energy back into electrical energy or another energy carrier.
Amendment 301 #
Proposal for a directive
Article 8 – paragraph 2 – point f
Article 8 – paragraph 2 – point f
(f) energy efficiency, including the levels of demand-response potential;
Amendment 330 #
Proposal for a directive
Article 10 – paragraph 2 – point a – paragraph 1 – indent 2
Article 10 – paragraph 2 – point a – paragraph 1 – indent 2
- all services provided (including whether services providedare carried out by a provider different from the electricity service provider), the service quality levels offered, as well as the time for the initial connection,
Amendment 331 #
Proposal for a directive
Article 10 – paragraph 2 – point a – paragraph 1 – indent 4
Article 10 – paragraph 2 – point a – paragraph 1 – indent 4
- the means by which up-to-date information on all applicable tariffs and, maintenance charges and additional products and /or services (bundled offers) may be obtained,
Amendment 336 #
Proposal for a directive
Article 10 – paragraph 2 – point a – paragraph 1 – indent 5
Article 10 – paragraph 2 – point a – paragraph 1 – indent 5
- the duration of the contract, the conditions for renewal and termination of services and of the contract including additional products and/or services (bundled services) and of the contract and whether withdrawal from the contract without charge is permitted,
Amendment 357 #
Proposal for a directive
Article 10 – paragraph 2 – point d
Article 10 – paragraph 2 – point d
(d) are offered a wide choice of payment methods, which do not unduly discriminate between customers. Any difference in charges related to payment methods shall reflect the relevant costs incurred by the supplier, in line with Article 62 of Directive 2015/2366 which forbids surcharges for any payment instrument.
Amendment 360 #
Proposal for a directive
Article 10 – paragraph 2 – point e
Article 10 – paragraph 2 – point e
(e) are not placed at an excessive disadvantage in comparison to the average market price by the prepayment systems;
Amendment 370 #
Proposal for a directive
Article 10 – paragraph 2 – point i a (new)
Article 10 – paragraph 2 – point i a (new)
(ia) shall define the concept of vulnerable customers as referred to in Article 28 and set rules for the protection of customers who are indebted including the prohibition of disconnection of electricity and gas to such customers in critical times
Amendment 377 #
Proposal for a directive
Article 10 – paragraph 2 – point j a (new)
Article 10 – paragraph 2 – point j a (new)
(ja) are provided with a summary of the key contractual conditions (such as the main features of the service, detailed information on prices, conditions for switching and price increase) in concise and simple language on the first page of the contract or along with the contract
Amendment 384 #
Proposal for a directive
Article 10 – paragraph 2 – point j b (new)
Article 10 – paragraph 2 – point j b (new)
(jb) are allowed to terminate the contract with suppliers and providers of additional products and/or services (bundled offers) at any time at no cost in case a contract is extended without customer consent
Amendment 410 #
Proposal for a directive
Article 11 – paragraph 2
Article 11 – paragraph 2
2. Member States shall ensure that final customers are fully informed by the suppliers of the opportunities and risks of such dynamic electricity price contracts and that suppliers take reasonable steps to ensure that customers do not sign up to unsuitable contracts.
Amendment 416 #
Proposal for a directive
Article 11 – paragraph 2 a (new)
Article 11 – paragraph 2 a (new)
2a. Every final customer shall always be required to give active consent before being switched to a dynamic price contract.
Amendment 418 #
Proposal for a directive
Article 11 – paragraph 2 b (new)
Article 11 – paragraph 2 b (new)
2b. Member States shall ensure that every final customer is entitled to a contract that is not a dynamic price contract.
Amendment 422 #
Proposal for a directive
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' electricity bills and specifically the level of price volatility, and on consumers' sensitivity to the level of financial risktake appropriate measures when the monitoring reveals that current protection levels are insufficient for household customers.
Amendment 423 #
Proposal for a directive
Article 11 – paragraph 3 a (new)
Article 11 – paragraph 3 a (new)
3a. Member States shall ensure that adequate safeguards on the exposure of price changes are in place for final customers to avoid bill shocks or high levels of financial liability. Household customers in a dynamic price contract shall never pay more than what they would have paid on a non-dynamic tariff.
Amendment 438 #
Proposal for a directive
Article 12 – paragraph 1
Article 12 – paragraph 1
1. Member States shall ensure that a customer wishing to change supplier, while respecting contractual conditions, is entitled to such change within three weeks. By 1 January 2020, the change shall be completed within one working day.
Amendment 466 #
Proposal for a directive
Article 13 – paragraph 1
Article 13 – paragraph 1
1. Member States shall ensure that, where a final customer wishes to conclude a contract with an aggregator, such engagement shall not require the consent of the final customer's supplier. Member States shall ensure that the supplier is informed about any contracts between its customer and an aggregator. Member States shall ensure that final customers with a contract with an aggregator have the same rights as final customers without a contract with an aggregator, including access to the same offers and tariffs. Member States shall ensure that final customers are fully informed by the aggregators of the opportunities and risks of the contracts offered to them.
Amendment 520 #
Proposal for a directive
Article 14 – paragraph 2
Article 14 – paragraph 2
2. Member States shall appoint an independent competent authority responsible for certifying comparison tools and ensuring that certified comparison tools continue to meet the criteria set out in Annex I. The independent authority shall also investigate, together with national regulators, DSOs and suppliers, the best way to pro-actively provide consumers with comparisons of offers in order to enable all consumers, even those without internet access or skills, to find out whether they could reduce their energy bills by switching.
Amendment 524 #
Proposal for a directive
Article 14 – paragraph 3
Article 14 – paragraph 3
3. Member States mayshall require the comparison tools referred to in paragraph 1 to include comparative determinants relating to the nature of the services offered by the suppliers. Electricity suppliers, electricity service providers and aggregators and relevant intermediaries shall provide the information necessary for comparison tools on request, including information on the different range and use of tariffs, charges and other relevant information.
Amendment 529 #
Proposal for a directive
Article 14 – paragraph 4
Article 14 – paragraph 4
4. Any tool comparing the offers of suppliers shall be eligible toavailable on the electricity market shall apply for certification in accordance with this Article on a voluntary and non-discriminatory basis.
Amendment 538 #
Proposal for a directive
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 disproportionately burdensome procedures and charges that are not cost reflectivedisproportionate charges ;
Amendment 607 #
Proposal for a directive
Article 16 – paragraph 1 – point d a (new)
Article 16 – paragraph 1 – point d a (new)
(da) adequately contribute to the costs of the electricity system they remain connected to.
Amendment 617 #
Proposal for a directive
Article 16 – paragraph 2 – point a a (new)
Article 16 – paragraph 2 – point a a (new)
(aa) final customers that are vulnerable or energy poor are able to participate in a local energy community if they so wish
Amendment 722 #
Proposal for a directive
Article 17 a (new)
Article 17 a (new)
Article 17a Aggregators Member States shall ensure that their regulatory frameworks encourage the participation of aggregators in all markets and relevant mechanisms at wholesale and retail level and contain at least the following elements: a) the right for aggregators to enter the market without consent from other market participants; b) the right for aggregators to conclude a contract with a final customer without the consent of the supplier c) aggregators shall be balancing responsible parties and financially responsible for imbalances in their portfolio d) aggregators shall not be required to pay compensation to suppliers or generators; 2. By way of derogation from paragraph 1, Member States may by DATE [five years after entry into force of this directive] set a level of compensation for energy sold or procured during a demand response activity, expected to promote an economically efficient deployment of explicit demand response which shall not exceed an average wholesale energy market price when the following conditions are met : a) the requirements of Article 9 of the Regulation on the internal market for electricity in relation to wholesale energy price restrictions have been meet; and b) aggregator participation in all relevant markets has reached a level pre- determined to be sufficient to ensure a sustainable demand aggregation industry; and c) the costs to consumers of aggregator participation in the relevant market can reasonably be demonstrated to exceed the consumer benefits.
Amendment 778 #
Proposal for a directive
Article 18 – paragraph 8 a (new)
Article 18 – paragraph 8 a (new)
8a. Where a final customer has been on the same tariff for more than 2 years, Member States shall require suppliers to notify the customer, in or alongside the energy bill, whether a more suitable or advantageous tariff is available, and facilitate their move to the new tariff.
Amendment 796 #
Proposal for a directive
Article 19 – paragraph 4
Article 19 – paragraph 4
4. Member States that proceed with smart metering deployment shall ensure that final customers contribute to the associated costs of the roll-out in a transparent and non-discriminatory manner. Member States shall regularly monitor this deployment in their territories to track the evolution of costs and benefits for the whole value chain, including the delivery of net benefits to consumers. For vulnerable consumers, Member States shall establish industry-wide standards to ensure suppliers provide sufficient follow- up support.
Amendment 801 #
Proposal for a directive
Article 19 – paragraph 5
Article 19 – paragraph 5
5. When the deployment of smart metering is negatively assessed as a result of cost-benefit assessment referred to in paragraph 2, Member States shall ensure that this assessment is revised periodicallyat least every 2 years in response to changes in the underlying assumptions and to technology and market developments. Member States shall notify to the responsible Commission services the outcome of their updated economic assessment as it becomes available.
Amendment 833 #
Proposal for a directive
Article 23 – paragraph 1
Article 23 – paragraph 1
1. When setting up the rules regarding the management and exchange of data, Member States or, where a Member State has so provided, the designated competent authorities shall specify the eligible parties which may have access to data of the final customer with their explicit consent in accordance with Regulation (EU) 2016/679 of the European Parliament and of the Council44 . For the purpose of this Directive, data shall include metering and consumption data as well as data required for consumer switching. Eligible parties shall include at least customers, suppliers, transmission and distribution system operators, aggregators, energy service companies, and other parties which provide energy or other services to customers. Upon request, eligible parties shall provide customers with an overview of the parties who have access to their data. __________________ 44 Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) (OJ L 119, 4.5.2016, p. 1).
Amendment 838 #
Proposal for a directive
Article 23 – paragraph 4
Article 23 – paragraph 4
4. No additional costs shall be charged to final customers for access to their data or their request to transfer their data. Member States shall be responsible for setting the relevant costs for access to data by eligible parties. Regulated entities which provide data services shall not profit from that activity.
Amendment 864 #
Proposal for a directive
Article 25 – paragraph 1
Article 25 – paragraph 1
Member States shall ensure the provision of single points of contact to provide customers consumers with all necessary information concerning their rights, current legislation, accredited comparison tools and the means of dispute settlement available to them in the event of a dispute between the final customer and the electricity supplier, energy service provider, aggregator or any other intermediary. Such contact points may be part of general consumer information points.
Amendment 869 #
Proposal for a directive
Article 26 – paragraph 1
Article 26 – paragraph 1
Member States shall ensure that an independent mechanism such as an energy ombudsman or a consumer body is in place in order to ensure efficient treatment of complaints and out-of-court dispute settlements. cCustomers 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 a consumer within thMember States shall ensure that an independent mechanism such as an energy ombudsman or a consumer body is in place in order to ensure efficient treatment of complaints and out-of-court dispute settlements. Those mechaning of Directive 2013/11/EU of the European Parliament 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, fsms shall be extended to all energy service providers, aggregators and all contracts with energy components, including bundled offers and local energy communities whose participation shall be mandatory. Member States shall not allow suppliers to disconnect vulnerable customers until any dispute between the supplier and the customer is settled. Member States shall ensure that electricity suppliers, energy service providers and aggregators provide information on the out-of-court dispute settlement on their website and in all communication with their customers. Member States shall regularly assess the functioning of the out-of-court dispute settlement mechanisms, especially with regards to the participation and compliance of electricity suppliers, energy service providers, aggregators a system of reimbursement and/or compensation . __________________ 46nd intermediaries, and consider strengthening their mandatory participation in out-of-court dispute settlement mechanisms. __________________ 46 OJ L 165, 18.6.2013, p. 63–79 OJ L 165, 18.6.2013, p. 63–79
Amendment 878 #
Proposal for a directive
Article 28 – paragraph 1
Article 28 – paragraph 1
1. . Member States shall take appropriate measures to protect final customers and shall, in particular, ensure that there are adequate safeguards to protect vulnerable customers. In this context, each Member State shall define the concept of vulnerable customers which mayshall refer to energy poverty and, inter alia, to ensure the prohibition of disconnection of electricity to such customers in critical times. Member States shall ensure that rights and obligations linked to vulnerable customers are applied. In particular, they shall take measures to protect customers in remote areas. They shall ensure high levels of consumer protection, particularly with respect to transparency regarding contractual terms and conditions, general information and dispute settlement mechanisms. Member States shall ensure that the eligible customer is in fact able easily to switch to a new supplier. As regards at least household customers, those measures shall include those set out in Annex I.
Amendment 890 #
Proposal for a directive
Article 29 – paragraph 1
Article 29 – paragraph 1
Member States shall: a) define a set of criteria for the purposes of measuring energy poverty. Member States shall continuously monitor the number of households in energy poverty and shall report on the evolution of energy poverty and measures taken to prevent itthe concept of vulnerable customers and energy poverty based on EU indicators of low income, high energy expenditure, and poor energy efficiency of housing; b) continuously monitor the number of households in energy poverty and share this data with the European Energy Poverty Observatory (EPOV), c) establish national action plans including objectives and measures, both short-term and long-term, and a timeframe for achieving the objectives d) report on the evolution of energy poverty in their national strategies to the Commission every two years as part of their Integrated National Energy and Climate Progress Reports in accordance with Article 21 of [Governance Regulation as proposed by COM(2016)759].
Amendment 944 #
Proposal for a directive
Article 33 – paragraph 2 – introductory part
Article 33 – paragraph 2 – introductory part
2. Member States may allow distribution system operators to own, develop, manage or operate recharging points for electric vehicles only if the following conditions are fulfilled:.
Amendment 949 #
Proposal for a directive
Article 33 – paragraph 2 – point a
Article 33 – paragraph 2 – point a
Amendment 953 #
Proposal for a directive
Article 33 – paragraph 2 – point b
Article 33 – paragraph 2 – point b
Amendment 955 #
Proposal for a directive
Article 33 – paragraph 3
Article 33 – paragraph 3
Amendment 957 #
Proposal for a directive
Article 33 – paragraph 4
Article 33 – paragraph 4
Amendment 976 #
Proposal for a directive
Article 36 – paragraph 1
Article 36 – paragraph 1
1. Distribution system operators shall not be allowed to own, develop, manage or operate energy storage facilities other than storage needed by the distribution system operators for the local short-term control of the distribution grid stability and storage needed for the efficient, reliable and secure operation of the distribution system and where the national regulatory authority has granted its approval.
Amendment 988 #
Proposal for a directive
Article 36 – paragraph 2 – point a
Article 36 – paragraph 2 – point a
(a) other parties, following an open and transparent tendering procedure, have not expressed their interest to own, develop, manage or operate storage facilities, at a reasonable cost;
Amendment 1030 #
Proposal for a directive
Article 40 – paragraph 1 – point j b (new)
Article 40 – paragraph 1 – point j b (new)
(jb) data management, cyber security and data protection.
Amendment 1042 #
Proposal for a directive
Article 40 – paragraph 4 – introductory part
Article 40 – paragraph 4 – introductory part
4. In performing the task described in point (i) of paragraph 1, the transmission system operator shall ensure that the procurement of balancing services and, unless justified by a cost-benefit analysis, and approved by the competent authority, non-frequency ancillary services, is:
Amendment 1157 #
Proposal for a directive
Article 59 – paragraph 1 – point n
Article 59 – paragraph 1 – point n
(n) monitoring the level and effectiveness of market opening and competition at wholesale and retail levels, including on electricity exchanges, prices for household customers including prepayment systems, dynamic price contracts and benefits from the use of smart meter, switching rates, disconnection rates, charges for and the execution of maintenance services, the relationship between household and wholesale prices, the evolution of grid tariffs and levies and complaints by household customers, as well as any distortion or restriction of competition, including providing any relevant information, and bringing any relevant cases to the relevant competition authorities;
Amendment 1187 #
Proposal for a directive
Article 59 – paragraph 1 – point x
Article 59 – paragraph 1 – point x
(x) monitoring the availability of comparison websitetools, including comparison toolwebsites, apps and other interactive means that fulfil the criteria set out in Article 14 and Annex I.
Amendment 1240 #
Proposal for a directive
Article 62 – paragraph 2 – point c b (new)
Article 62 – paragraph 2 – point c b (new)
(cb) handle complaints against regional operational centre in relation to their obligations under Union law
Amendment 1300 #
Proposal for a directive
Annex II – point 1 – paragraph 2 – point h a (new)
Annex II – point 1 – paragraph 2 – point h a (new)
(ha) once a year, the electricity supplier should include on its bill an evaluation describing which of its tariffs would be most advantageous for the final customer if the consumption pattern of the previous year is repeated in the coming year.