46 Amendments of Flavio ZANONATO related to 2016/0380(COD)
Amendment 128 #
Proposal for a directive
Article 1 – paragraph 1
Article 1 – paragraph 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 sustainable and 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. .
Amendment 179 #
Proposal for a directive
Article 2 – paragraph 1 – point 18
Article 2 – paragraph 1 – point 18
18. ‘smart metering system’ means an electronic system that can measure energy consumption in near-real time, providing more information than a conventional meter, and can transmit and receive data for information, monitoring and control purposes, using a form of electronic communication;
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 255 #
Proposal for a directive
Article 5 – paragraph 2
Article 5 – paragraph 2
2. Member States shall ensure the protection of energy poor or vulnerable customers in a targeted manner by social policy or other policy measures, prioritisation of energy efficiency measures and other means than public interventions in the price-setting for the supply of electricity.
Amendment 272 #
Proposal for a directive
Article 5 – paragraph 3
Article 5 – paragraph 3
3. By way of derogation from paragraphs 1 and 2, Member States which apply public interventions in price setting for the supply of electricity for energy poor or vulnerable household customers at the [OP: please insert the date of entry into force of this Directive] may continue to apply such public interventions until [OP: insert the date – fivetwo years from the entry into force of this Directive]. Such public interventions shall pursue a general economic interest, be clearly defined, transparent, non-discriminatory, verifiable and guarantee equal access for Union electricity companies to customers. The interventions shall not go beyond what is necessary to achieve the general economic interest which they pursue, be limited in time and proportionate as regards their beneficiaries.
Amendment 285 #
Proposal for a directive
Article 5 – paragraph 4 – subparagraph 1
Article 5 – paragraph 4 – subparagraph 1
After[OP – insert the date – fivetwo years from the entry into force of this Directive], Member States may still apply public interventions in the price-setting for the supply of electricity for vulnerable household customers in so far as it is strictly necessary for reasons of extreme urgency. Such interventions shall comply with the conditions set out in paragraph 3. and gas as a transitional measure where there is evidence that markets are failing and other measures are not implemented to sufficiently protect energy poor or vulnerable consumers provided that: a) no more than 10% of households are affected b) for a maximum of two years until more efficient and targeted social or other policy measures are adopted c) the level of public intervention allows suppliers to make a reasonable level of return d) market entry by new participants is not impeded e) the setting of prices is limited to particular tariff types, such as a supplier’s pre-paid, default or standard variable tariff, or to certain groups of consumers such low-income or vulnerable consumers at risk of energy poverty;
Amendment 295 #
Proposal for a directive
Article 5 – paragraph 4 – subparagraph 2
Article 5 – paragraph 4 – subparagraph 2
Member States shall notify the measures taken in accordance with the first subparagraph to the Commission within one month after adoption and may apply them immediately. The notification shall be accompanied by an explanation why other instruments including social policy and other measures and prioritisation of energy efficiency measures could not sufficiently address the situation and how the beneficiaries and the duration of the measure have been determined. The notification shall be considered as complete if, within two months from its receipt, or from the receipt of any additional information requested, the Commission does not request any further information.
Amendment 303 #
Proposal for a directive
Article 8 – paragraph 2 – point j
Article 8 – paragraph 2 – point j
(j) the contribution of the generating capacity to meeting the overall Union target of at least a 20 % share of energy from renewable sources in the Union ’s gross final consumption of energy in 2020 referred to in Article 3(1) of Directive 2009/28/EC of the European Parliament and of the Council41 ; and of 23 April 2009 on the promotion of the use of energy from renewable sources; and the overall Union target for 2030 of at least 35% referred to in Directive COM(2016) 767 __________________ 41 Directive 2009/28/EC of the European Parliament and the Council of 23 April 2009 on the promotion of the use of energy sources (OJ L 140, 5.6.2009, p. 16).
Amendment 364 #
Proposal for a directive
Article 10 – paragraph 2 – point g
Article 10 – paragraph 2 – point g
(g) have the right to a good standard of service and complaint handling by their electricity service provider. Electricity service providers shall handle complaints in a simple, fair and prompt manner. If the service provided is either bundled with or relies upon software, hardware or communication technology, final customers shall have a single contact point through which they can launch complaints;
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 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 462 #
Proposal for a directive
Article 12 – paragraph 4 a (new)
Article 12 – paragraph 4 a (new)
4a. Member States shall ensure that the practice of doorstep selling by any actor in the electricity and or gas markets is not permitted.
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 548 #
Proposal for a directive
Article 15 – paragraph 1 – point b
Article 15 – paragraph 1 – point b
(b) are subject to cost reflective, transparent and non- discriminatory network charges which shall not be disproportionate, accounting separately for the electricity fed into the grid and the electricity consumed from the grid, in line with Article 59(8).
Amendment 625 #
Proposal for a directive
Article 16 – paragraph 2 – point c a (new)
Article 16 – paragraph 2 – point c a (new)
(ca) final household customers have easy access to information, including through their single point of contact in Article 25, on their rights to participate in a local energy community, including how to exercise their entitlement to join, participate in, and leave an energy community, and how to access alternative dispute mechanisms.
Amendment 655 #
Proposal for a directive
Article 17 – paragraph 1
Article 17 – paragraph 1
1. Member States shall ensure that national regulatory authorities encourage final customers, including those offering demand response through bundled or independent aggregators, to participate alongside generators in a non- discriminatory manner in all organised markets and capacity mechanisms.
Amendment 714 #
Proposal for a directive
Article 17 – paragraph 5 a (new)
Article 17 – paragraph 5 a (new)
5a. Member States shall ensure that final customers always have the right to switch off advanced functionalities of products and systems used to provide demand side response or similar flexibility at any time and without being charged penalties.
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 743 #
Proposal for a directive
Article 18 – paragraph 3 – subparagraph 1
Article 18 – paragraph 3 – subparagraph 1
Billing shall take place on the basis of actual consumption at least once a year. Billing information shall be made available at least once every three months, upon request or where the final customers have opted to receive electronic billing at any time or else twice a year.
Amendment 772 #
Proposal for a directive
Article 18 – paragraph 8
Article 18 – paragraph 8
8. Member States shall require that information and estimates for electricity costs, as well as demand response data or data on electricity sold or fed into the grid are provided to final customers on demand in a timely manner and in an easily understandable format. In the case that there will be a future change of product or price in the contract, then this information should be clearly included in the bill, along with the date of this change. A separate notification of this change shall also be sent in advance to the final customer.
Amendment 780 #
Proposal for a directive
Article 18 – paragraph 8 b (new)
Article 18 – paragraph 8 b (new)
8b. Suppliers shall inform final household customers when a cheaper tariff is available through clearly stating this on the first page of their bill. They shall then provide more detailed information and how customers can switch in the subsequent pages of the bill.
Amendment 782 #
Proposal for a directive
Article 18 – paragraph 8 c (new)
Article 18 – paragraph 8 c (new)
8c. Consumer organisations shall be consulted by Member States when they consider changes to the format of bills, as keeping the clarity of information for consumers is fundamentally important. Consumer organisations shall also be involved for the testing of new bill formats.
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 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 901 #
Proposal for a directive
Article 31 – paragraph 5
Article 31 – paragraph 5
5. Each distribution system operator shall procure the energy it uses to cover energy losses and the non-frequency ancillary services in its system according to transparent, non-discriminatory and market based procedures, whenever it has such a function. Unless justified by a cost- benefit analysis, the procurement of non- frequency ancillary services by a. In addition, distribution system operators shall be transparent, non-discriminatory and market-based ensuring effective participation of all market participants including renewable energy sources, demand response, energy storage facilities and aggregators, in particular by requiring regulatory authorities or distribution system operators in close cooperation with all market participants, to define technical modalities for participation in these markets on the basis of the technical requirements of these markets and the capabilities of all market participants own directly or indirectly control assets that provide non frequency ancillary services and operate them in coordination with TSO.
Amendment 1015 #
Proposal for a directive
Article 40 – paragraph 1 – point i
Article 40 – paragraph 1 – point i
(i) procuring ancillary services from market participantson the basis of art. 54, to ensure operational security.
Amendment 1025 #
Proposal for a directive
Article 40 – paragraph 1 – subparagraph 1 (new)
Article 40 – paragraph 1 – subparagraph 1 (new)
dispatching the generating installations in its area, where it has such a function, and for determining the use of interconnectors with other systems.
Amendment 1085 #
Proposal for a directive
Article 54 – paragraph 1
Article 54 – paragraph 1
1. Transmission system operators shall not be allowed to own, manage or operate energy storage facilities and shall not own directly or indirectly control assets that provide ancillary services, unless those facilities or assets are an integral part of the transmission system and where the national regulatory authority has granted its approval.
Amendment 1090 #
Proposal for a directive
Article 54 – paragraph 2 – introductory part
Article 54 – paragraph 2 – introductory part
2. By way of derogation fromWithout prejudice to paragraph 1, Member States may allow transmission system operators to own, manage or operate storage facilities or assets providing non-frequency ancillary serviceprovide derogations if the following conditions are fulfilled:
Amendment 1122 #
Proposal for a directive
Article 54 – paragraph 4
Article 54 – paragraph 4
4. The transmission system operator shall perform at regular intervals or at least every fiveten years a public consultation for the requiredon storage serviceassets in order to assess the potential interest of market parties to invest in such facilities and terminate its own storage activities in case third parties can provide the service in a cost-effective mannernew facilities.
Amendment 1145 #
Proposal for a directive
Article 59 – paragraph 1 – point a a (new)
Article 59 – paragraph 1 – point a a (new)
(aa) ensuring that tariffs are reflective of the costs, risks and benefits that each final customer has to the network, including active customers and those engaging in demand response;
Amendment 1180 #
Proposal for a directive
Article 59 – paragraph 1 – point q
Article 59 – paragraph 1 – point q
(q) helping to ensure, together with other relevant authorities, that the new and existing consumer protection measures, including rights of active customers and, in particular, final household customers are effective and enforced;
Amendment 1226 #
Proposal for a directive
Article 62 – paragraph 1 – point d
Article 62 – paragraph 1 – point d
(d) assessensure that if the regional opercoordinational centre has the appropriate competences, resources and impartiality to carry out independently the functions and tasks assigned to it, including security, liability and contingency arrangements;
Amendment 1239 #
Proposal for a directive
Article 62 – paragraph 2 – point c a (new)
Article 62 – paragraph 2 – point c a (new)
(ca) to settle dispute arising between regional operational centres or between transmission system operators and regional cooperation centres
Amendment 1278 #
Proposal for a directive
Annex II – point 1 – paragraph 2 – introductory part
Annex II – point 1 – paragraph 2 – introductory part
The following key information shall be prominently displayed to final customers in their bills and periodical settlement bills distinctly apart from other parts of the bill:
Amendment 1329 #
Proposal for a directive
Annex II – point 4 – paragraph 2 – introductory part
Annex II – point 4 – paragraph 2 – introductory part
Suppliers shall once a year specify in bills: