166 Amendments of Piernicola PEDICINI related to 2016/0380(COD)
Amendment 98 #
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. Cinitiatives, or local energy communities, focus primarily on empowering citizens, local authorities and small and medium enterprises, as final consumers, to come together to jointly control, in a democratic way, local energy businesses aimed to provide local environmental, economic and social community benergy initiatives focus primarily onfits. Energy communities providinge 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, and means to invest in energy performance renovations. 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, including through virtual net metering. 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 communitieHousehold consumers should be allowed to opervoluntarily participate oin 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 a community energy initiative 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 101 #
Proposal for a directive
Recital 30 a (new)
Recital 30 a (new)
(30a) The market design initiative needs to provide a safe space so that energy communities are able to operate on the market. Currently, national energy regulations are designed mainly for traditional commercial and public energy enterprises that produce electricity from centralized, dirty fossil fuels, preventing energy communities from being able to participate. Due to the specific characteristics of energy communities, in particular their size, ownership and governance structure, and their primary aims of generating and distributing local environmental, economic and social benefits over profits, energy communities often face market and regulatory barriers preventing them from entry and participation. In many Member States, citizens are prevented from participating in the energy market through a energy community. Across Europe, all final consumers should have a right to participate in a energy community. In addition, energy communities should be entitled to participate across all energy markets, and to removal of all regulatory and market barriers that hamper their participation
Amendment 103 #
Proposal for a directive
Recital 30 b (new)
Recital 30 b (new)
(30b) Energy infrastructure should be treated as a common good. Through ownership and operation of the distribution network, communities have the opportunity to participate directly in decisions over how the grid should evolve in order to integrate more renewables, drive demand response and energy savings, and to benefit from cost-efficient operation of the grid. Local ownership can also ensure that savings are distributed directly back to the customers themselves, as well as generate other environmental, social and economic benefits. Where local citizens express their desire, energy communities or local authorities should be permitted to take over responsibility for their energy infrastructure through re- municipalisation. National regulatory frameworks should permit communities to compete on a level playing field with other actors in competitive bidding procedures to own and operate distribution networks.
Amendment 146 #
Proposal for a directive
Article 2 – paragraph 1 – point 7
Article 2 – paragraph 1 – point 7
7. 'local energy community' means: an association, a cooperative, a partnership, a non-profit organisation or other legal entity which undertaking' means: an SME or not-for-profit organisation which is based on open participation, is effectively controlled by local shareholders or members, generally value rather than profit-driven that are participating collectively as final customers and have equal decision making rights, whose predominant aim is to provide increased resilience, ienvolved in distributed generation and in performironmental, economic or social community benefits for their members or the local area or areas where they operate rather than profit driven, that carries out or is involved in at least one or more of the following activities of a: distribution system operator, supplier or aggregator at local level, including across bordersed generation, storage, supply, provision of energy efficiency services, aggregation, electro-mobility, or distribution system operation;
Amendment 159 #
Proposal for a directive
Article 2 – paragraph 1 – point 7 a (new)
Article 2 – paragraph 1 – point 7 a (new)
7a. 'distributed energy resources' means energy resources including but not limited to energy storage, energy efficiency, electrical vehicles, distributed generation of electricity from renewable energy sources and related distributed ledger technologies, community networks and demand response, which are provided to the electrical network, either behind the meter in the customer's premise, or to the distribution network.
Amendment 172 #
Proposal for a directive
Article 2 – paragraph 1 – point 14
Article 2 – paragraph 1 – point 14
14. ‘aggregator’ means a market participant that combines multiple customer loads or generated electricity for sale, for purchase or auction in any organised energy market, ancillary services market, capacity mechanism, wholesale energy markets and local energy communities;
Amendment 251 #
Proposal for a directive
Article 5 – paragraph 1
Article 5 – paragraph 1
1. Electricity suppliers shall be free to determine the price at which they supply electricity to customers. Member States shall take appropriate actions to ensure effective competition between electricity suppliers and to address undue discrimination between final customers.
Amendment 261 #
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 as far as possible by other means than public interventions in the price-setting for the supply of electricity.
Amendment 264 #
Proposal for a directive
Article 5 – paragraph 2 a (new)
Article 5 – paragraph 2 a (new)
2a. The setting of prices by public intervention shall take place or continue when there is evidence that markets are failing and other measures are not implemented to sufficiently protect energy poor or vulnerable customers. A public intervention in setting prices for vulnerable customers is always legitimate when the gap between wholesale and retail prices shows symptoms of a market distortion.
Amendment 265 #
Proposal for a directive
Article 5 – paragraph 2 b (new)
Article 5 – paragraph 2 b (new)
2b. Prices set by public intervention shall always reflect the trend of wholesale prices and be set at a level allowing an efficient supplier to make a reasonable level of return and shall not impede market entry.
Amendment 266 #
Proposal for a directive
Article 5 – paragraph 2 c (new)
Article 5 – paragraph 2 c (new)
2c. Every two years the National Regulatory Authority shall evaluate the continued need for and effectiveness of interventions in 2b.
Amendment 267 #
Proposal for a directive
Article 5 – paragraph 2 d (new)
Article 5 – paragraph 2 d (new)
2d. Member States in coordination with National Regulatory Authorities shall ensure that household customers receive clear and timely information about market developments such as the phasing out of prices set by public intervention and the availability of and eligibility to access such prices.
Amendment 268 #
Proposal for a directive
Article 5 – paragraph 2 e (new)
Article 5 – paragraph 2 e (new)
2e. Member States shall define the concept of vulnerable customers as referred in Article 28 and set rules for protection of customers who are indebted including the prohibition of disconnection of electricity to such customers in critical times.
Amendment 305 #
Proposal for a directive
Article 8 – paragraph 3 – subparagraph 1
Article 8 – paragraph 3 – subparagraph 1
Member States shall ensure that specific authorisation procedures exist for small decentralised and/or distributed generation to facilitate their development, which take into account their specificities, limited size and potential impact.
Amendment 317 #
Proposal for a directive
Article 10 – paragraph 2 – point a – paragraph 1 – indent 1
Article 10 – paragraph 2 – point a – paragraph 1 – indent 1
- the identity and address of the suppliprovider,
Amendment 318 #
Proposal for a directive
Article 10 – paragraph 2 – point a – paragraph 1 – indent 1 a (new)
Article 10 – paragraph 2 – point a – paragraph 1 – indent 1 a (new)
- The contribution of each energy source to the overall fuel mix of the supplier (at national level i.e. in the Member States where the supply contract has been concluded, as well as at EU level if the supplier is active in several Member States) over the preceding year in a comprehensible and clearly comparable manner,
Amendment 322 #
Proposal for a directive
Article 10 – paragraph 2 – point a – paragraph 1 – indent 1 b (new)
Article 10 – paragraph 2 – point a – paragraph 1 – indent 1 b (new)
- the contribution of each energy source to the electricity purchased by the customer in accordance with the supply contract (product level disclosure),
Amendment 325 #
Proposal for a directive
Article 10 – paragraph 2 – point a – paragraph 1 – indent 1 c (new)
Article 10 – paragraph 2 – point a – paragraph 1 – indent 1 c (new)
- the name of the product, the price and if applicable discounts and information on time period of the discount;
Amendment 327 #
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 as stipulated in the contract), the service quality levels offered, as well as the time for the initial connection,
Amendment 334 #
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 338 #
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 including additional products and/ or services (bundled services) and of the contract ,
Amendment 344 #
Proposal for a directive
Article 10 – paragraph 2 – point b
Article 10 – paragraph 2 – point b
(b) are given adequate notice of any intention to modify contractual conditions and are informed about their right to dissolve the contract when the notice is given. Suppliers shall notify their customers directly of any adjustment in the supply price as well as of the reasons and preconditions for the adjustment and its scope, at an appropriate time no later than one normal billing period before the adjustment comes into effect in a transparent and comprehensible manner. Member States shall ensure that customers are free to withdraw from contracts if they do not accept the new contractual conditions or adjustments in the supply price notified to them by their electricity supplier. National Regulatory Authorities shall monitor changes of terms and conditions of the contract made by the supplier and shall analyse the means by which the final customer is informed about a price increase and, where relevant, improve the communication via standardised forms and further conditions. ;
Amendment 365 #
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. In cases where the service provided relies or is bundled with software, hardware or communication technology, final customers should have their complaint handled through a single contact point. ;
Amendment 375 #
Proposal for a directive
Article 10 – paragraph 2 – point j
Article 10 – paragraph 2 – point j
(j) receive a final closure account following any change of electricity supplier no later than sixtwo weeks after the change of supplier has taken place.
Amendment 378 #
Proposal for a directive
Article 10 – paragraph 2 – point j a (new)
Article 10 – paragraph 2 – point j a (new)
(ja) are entitled to sign one or more single-buyer or multiple-buyer power purchase agreement with on-site, nearby and off-site electricity generating installations without being subject to disproportionate and unfair costs and administrative procedures.
Amendment 385 #
Proposal for a directive
Article 10 – paragraph 2 – point j b (new)
Article 10 – paragraph 2 – point j b (new)
(jb) are provided with a summary of the key contractual conditions in concise and simple language on the first page of the contract or along with the contract;
Amendment 386 #
Proposal for a directive
Article 10 – paragraph 2 – point j c (new)
Article 10 – paragraph 2 – point j c (new)
(jc) are allowed to terminate the contract with suppliers and providers of additional products and/or services (including within bundled offers) at any time at no cost in case a contract is extended without customer consent;
Amendment 390 #
Proposal for a directive
Article 10 – paragraph 2 – point j d (new)
Article 10 – paragraph 2 – point j d (new)
(jd) the lack of payment for additional products and/or services cannot in any case justify the disconnection of electricity supply.
Amendment 391 #
Proposal for a directive
Article 10 – paragraph 2 – point j e (new)
Article 10 – paragraph 2 – point j e (new)
(je) Any subscription to additional products and/ or services provided or distributed by the supplier as a bundled offer shall not re-start the contract period of the initial contract unless the final customer explicitly consents;
Amendment 392 #
Proposal for a directive
Article 10 – paragraph 2 – point j f (new)
Article 10 – paragraph 2 – point j f (new)
(jf) Member States, inter alia through their National Regulatory Authorities, shall ensure all suppliers provide a speedy, fair and effective complaint handling procedure. Member States may introduce standards of complaint handling and direct compensation to consumers if suppliers fail to meet these standards.
Amendment 395 #
Proposal for a directive
Article 10 a (new)
Article 10 a (new)
Amendment 397 #
Proposal for a directive
Article 11 – paragraph 1
Article 11 – paragraph 1
1. Member States shall ensure that every final customer is entitled, on request, to a range of dynamic electricity price contract by his suppliers. Member States, where relevant through their National Regulatory Authority, shall ensure that suppliers offer dynamic price contracts to consumers for which the potential benefit and ability to manage risks has been demonstrated. The assessment of benefits shall take into account whether the final customer has installed the system and products to help them cope with the risks and if the customer’s consumption profile is suitable. The customer shall always give active consent before being switched to a dynamic price contract.
Amendment 407 #
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 contract in a way that allows final customers to compare the benefits of such contracts with other types of contracts available in the market. When offering these contracts the supplier shall provide the contract terms and conditions and a summary of key contractual conditions with clear guidance and warnings on the financial risk of such dynamic price contract. The summary of key contractual conditions shall include an illustrative example showing the maximum financial liability for the consumer, such as an estimate of their annual bill, when compared to their current contract. The information provided shall be comparable across suppliers.
Amendment 420 #
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' billselectricity bills of both consumers with and without such contract, and specifically the level of price volatility, and on consumers' sensitivity to the level of financial risk, - numbers of consumers affected by bill shocks or significantly higher bills.
Amendment 425 #
Proposal for a directive
Article 11 – paragraph 3 a (new)
Article 11 – paragraph 3 a (new)
3a. Member States, including through their National Regulatory Authority, shall ensure that rules are changed when the monitoring reveals that current protection levels are insufficient for household customers.
Amendment 428 #
Proposal for a directive
Article 11 – paragraph 3 b (new)
Article 11 – paragraph 3 b (new)
3b. Member States shall ensure that electricity suppliers providing dynamic price contracts establish a risk profile of the final customer before entering into a contract. The risks of the product offered to final customers shall reflect the risk profile of the final customer. Suppliers shall base their risk profile assessment and their dynamic price contracts on a methodology approved by the Members State.
Amendment 430 #
Proposal for a directive
Article 11 – paragraph 3 c (new)
Article 11 – paragraph 3 c (new)
3c. Member States shall ensure that adequate safeguards on the exposure of price changes for final customers are in place to avoid bill shocks or high levels of financial liability.
Amendment 431 #
Proposal for a directive
Article 11 – paragraph 3 d (new)
Article 11 – paragraph 3 d (new)
3d. Member States shall ensure that suppliers consider whether final customers have the appliances, products and systems necessary to achieve benefits from any dynamic price contracts offered to them. When offering such systems and products suppliers shall ensure that the smart function can be switched off by the final customer at any time.
Amendment 433 #
Proposal for a directive
Article 11 – paragraph 3 e (new)
Article 11 – paragraph 3 e (new)
3e. Member States shall ensure that every final customer is entitled to a range of contracts that are not non-dynamic, non-time dependent electricity price contracts. Member States shall ensure that final customers are well informed of the existence of these contracts and their right to access them.
Amendment 455 #
Proposal for a directive
Article 12 – paragraph 4
Article 12 – paragraph 4
4. Member States shall ensure that the right to switch suppliers is granted to customers in a non-discriminatory manner as regards cost, effort or time, including those who generate, store, consume and sell electricity either individually or jointly and those who own electric vehicles. Providers of bundled services shall give final customers the possibility to cancel or switch individual parts of the bundled contract.
Amendment 460 #
Proposal for a directive
Article 12 – paragraph 4 a (new)
Article 12 – paragraph 4 a (new)
4a. Member States shall ensure that the switching process is not biased and non-discriminatory, and market parties coordinate to ensure that the process is smooth.
Amendment 464 #
Proposal for a directive
Article 12 – paragraph 4 b (new)
Article 12 – paragraph 4 b (new)
4b. Member States, through their National Regulatory Authorities, shall facilitate collective switching campaigns through removing regulatory and bureaucratic barriers.
Amendment 469 #
Proposal for a directive
Article 13 – paragraph 1
Article 13 – paragraph 1
1. Member States shall ensure that final customers are not prohibited by their supplier to conclude a contract with an aggregator and 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. Final customers that have entered a contract with an aggregator shall have access to the same offers and tariffs from suppliers as consumers without those services.
Amendment 476 #
Proposal for a directive
Article 13 – paragraph 1 a (new)
Article 13 – paragraph 1 a (new)
1a. Member States shall ensure that final customers are fully informed by the aggregators of the opportunities and risks of the contracts offered to them, in a way that allows customers to compare the suitability of the offer with other types of tariffs available in the market. The information provided should be comparable across aggregation providers.
Amendment 477 #
Proposal for a directive
Article 13 – paragraph 1 b (new)
Article 13 – paragraph 1 b (new)
1b. Without prejudice to Union rules on consumer protection, in particular Directive 2011/83/EU of the European Parliament and of the Council and Council Directive 93/13/EEC, Member States shall ensure that contracts between final customers and aggregators are in line with conditions set in Article 10 (a-l), adjusted to specific business model of the aggregator.
Amendment 479 #
Proposal for a directive
Article 13 – paragraph 2
Article 13 – paragraph 2
2. Member States shall ensure that a final customer wishing to terminate the contract with an aggregator, while respecting contractual conditions, is entitled to such termination within three weeks. This period shall be reduced to 24 hours as soon as possible, based on a cost- benefit analysis, and no later than 2022.
Amendment 490 #
Proposal for a directive
Article 13 – paragraph 4
Article 13 – paragraph 4
4. Member States shall ensure that final customers are entitled to receive all relevantsettlement billing and settlement billing information, and demand response data or data on supplied and sold electricity at least once per yeas defined in Article 18 and Annex II. This information shall be provided without fees to the final customer.
Amendment 499 #
Proposal for a directive
Article 13 – paragraph 4 a (new)
Article 13 – paragraph 4 a (new)
4a. Member States shall ensure that consumers with a contract with an aggregator: a) have one single point of contact with the aggregator when several services and equipment are involved in the contract; b) can access the mechanism to resolve complaints as set in Article 26 for any complaint relating to their dealings with an aggregator; and c) have a single point of contact to access the dispute resolution mechanism for all services, included for electricity supply. The rights referred to in this Paragraph should be provided without fees to the final customer.
Amendment 502 #
Proposal for a directive
Article 13 – paragraph 5
Article 13 – paragraph 5
5. Member States shall ensure that the rights referred to in paragraphs 1, 1a, 1b, 2, 3, 4 and 4a are granted to final customers in a non- discriminatory manner as regards cost, effort or time. The rights referred to in this Paragraph should be provided without fees to the final customer.
Amendment 507 #
Proposal for a directive
Article 13 – paragraph 5 a (new)
Article 13 – paragraph 5 a (new)
5a. Member States shall ensure that aggregators take into account whether consumers have the products and systems necessary to achieve benefits from the aggregated services offered to them.
Amendment 509 #
Proposal for a directive
Article 13 – paragraph 5 b (new)
Article 13 – paragraph 5 b (new)
5b. Member States, through their National Regulatory Authorities, shall monitor and report annually on the main developments of such contracts including market offers and the impact on consumers' bills. Where risks of consumer detriment are identified National Regulatory Authorities shall modify protections as required.
Amendment 510 #
Proposal for a directive
Article 13 – paragraph 5 c (new)
Article 13 – paragraph 5 c (new)
5c. Member States shall ensure that final customers in a contract with an aggregator do not lose their rights, including the right to switch supplier set in Article 12. This is without prejudice of aggregators receiving information on a change of tariff or supplier, and providing information to the consumer of the risks and opportunities of this new tariff as it relates to their aggregation contracted services. Contracts with an aggregator cannot be terminated by the aggregator for reason of tariff or supplier switch.
Amendment 514 #
Proposal for a directive
Article 14 – paragraph 1
Article 14 – paragraph 1
1. Member States shall ensure that customers have access, free of charge, to at least one tool comparing the offers of suppliers that meets at least the certification criteria set out in Annex I. The comparison tools may be operated by any entity, including private companies and public authorities or bodies. Customers should be informed of the availability of such tools and shall cover the all market for electricity services. The comparison tools shall allow for comparison of bundled services and shall also display offers by aggregators. Customers should be informed of the availability of such tools and shall be able to compare their current contract with other offers in an easy way.
Amendment 516 #
Proposal for a directive
Article 14 – paragraph 1 a (new)
Article 14 – paragraph 1 a (new)
1a. Member States shall ensure that the comparison tools are independent, including from any market interest, so that customers can access up to date, accurate information in a user-friendly format and that the comparison tools include information on bundled offers and offers and services from aggregators and collective switching programmes.
Amendment 517 #
Proposal for a directive
Article 14 – paragraph 1 b (new)
Article 14 – paragraph 1 b (new)
1b. The comparison tools should reflect the best information available about future electricity prices and a possible price range so that customers can compare dynamic price contracts.
Amendment 519 #
Proposal for a directive
Article 14 – paragraph 1 c (new)
Article 14 – paragraph 1 c (new)
1c. Customers should be able to filter results on services within bundled offers.
Amendment 521 #
Proposal for a directive
Article 14 – paragraph 2 a (new)
Article 14 – paragraph 2 a (new)
2a. Suppliers, aggregators and relevant intermediaries shall be obliged to provide the information necessary for these tools to run comparisons for final customers.
Amendment 525 #
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. ‘Green tariffs’ should be clearly displayed and searchable according to their level of additionality. Exceptional conditions of an offer, including discounts or planned increase of the price during the contract duration, should be identified and clearly highlighted in the comparison tool.
Amendment 528 #
Proposal for a directive
Article 14 – paragraph 4
Article 14 – paragraph 4
4. Any tool comparing the offers of suppliers and aggregators shall be eligible to apply for certification in accordance with this Article on a voluntary and non-discriminatory basis.
Amendment 532 #
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, including the markets based on distributed ledger technologies, either individually or through aggregators without being subject to discriminatory or disproportionately burdensome procedures and, charges that are not cost reflective, levies, fees, taxes, and financial burdens that put them in disadvantage when compared to those who generate energy only to be fed into the grid;
Amendment 541 #
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, accounting separately for the electricity fed into the grid and the electricity consumed from the grid, in line with Article 59(8)that avoid double compensation to the grid and that fully reflect the benefits deriving to the network from the integration of final customers’ activities. The methodology for the calculation of network charges shall be based on a transparent cost benefit analysis developed by the National Regulatory Authority, in line with Article 59 paragraph 8. Member States shall provide for exemptions or derogations from the application of the methodology when these would result in excessive charges that may hamper or limit the development of final customers’ activities.
Amendment 570 #
Proposal for a directive
Article 16 – title
Article 16 – title
Amendment 574 #
Proposal for a directive
Article 16 – paragraph 1 – point a
Article 16 – paragraph 1 – point a
Amendment 580 #
Proposal for a directive
Article 16 – paragraph 1 – point b
Article 16 – paragraph 1 – point b
(b) can fully access all organised markets, including the one based on distributed ledger technologies, either directly or through aggregators or, suppliers, or other third parties in a non- discriminatory manner, on an equal footing with other electricity undertakings;
Amendment 586 #
Proposal for a directive
Article 16 – paragraph 1 – point c
Article 16 – paragraph 1 – point c
(c) benefit from a non-discriminatory the necessary regulatory and administreatmenive support with regard to their activities, rights and obligations as final customers, generators, suppliers, distribution system operators or, aggregators, and any other activity they might perform;
Amendment 596 #
Proposal for a directive
Article 16 – paragraph 1 – point c a (new)
Article 16 – paragraph 1 – point c a (new)
(ca) are protected from direct or indirect discrimination and are supported in the full and effective exercise of their rights;
Amendment 600 #
Proposal for a directive
Article 16 – paragraph 1 – point d
Article 16 – paragraph 1 – point d
(d) are not subject to discriminatory, unfair, disproportionate and non- transparent procedures andor charges that are not cost reflective charges.;
Amendment 604 #
Proposal for a directive
Article 16 – paragraph 1 – point d a (new)
Article 16 – paragraph 1 – point d a (new)
(da) are entitled to own, establish, or lease virtual or physical community networks and to autonomously manage them, and that they may conclude agreements with the distribution system operator to which their distribution network is connected on the operation of the community network.
Amendment 610 #
Proposal for a directive
Article 16 – paragraph 2 – introductory part
Article 16 – paragraph 2 – introductory part
2. Member States shall provide an enabling regulatory framework that ensures that:
Amendment 614 #
Proposal for a directive
Article 16 – paragraph 2 – point a a (new)
Article 16 – paragraph 2 – point a a (new)
(aa) final household and public customers are entitled to become members in a energy community undertaking, and all barriers to their participation are removed. Public electricity undertakings and SME final customers may be allowed to become a member of a local energy community, provided that for SMEs their participation does not constitute their primary economic activity;
Amendment 621 #
Proposal for a directive
Article 16 – paragraph 2 – point a b (new)
Article 16 – paragraph 2 – point a b (new)
(ab) outside investors or private electricity undertakings may only become shareholders or members of an energy community undertaking, provided that: (1) they do not control or direct the energy community undertaking; (2) their membership or share of investment does not entitle them to more than one vote; and (3) their membership or share of investment does not entitle them to higher or preferential returns compared to other members, in line with the principle of mutuality;
Amendment 629 #
Proposal for a directive
Article 16 – paragraph 2 – point d
Article 16 – paragraph 2 – point d
(d) Article 8 (3)paragraph 3 applies to generating capacity installed by localrenewable energy communities, as long as such capacity can be considered small decentralised or distributed generationa subcategory of energy communities undertakings;
Amendment 632 #
Proposal for a directive
Article 16 – paragraph 2 – point e
Article 16 – paragraph 2 – point e
(e) Member States shall remove all barriers that prevent local energy communities undertakings from becoming distribution system operators. Where relevant, energy communities undertakings and local authorities shall be entitled to transparent non- discriminatory and fair treatment, where a decision has been taken to re- municipalise the distribution network; Provisions of Chapter IV apply to energy communities undertakings that perform activities of a distribution system operator provisions of Chapter IV apply to local energy communities undertakings that perform activities of a distribution system operator;
Amendment 640 #
Proposal for a directive
Article 16 – paragraph 2 – point h
Article 16 – paragraph 2 – point h
(h) where relevant local energy communities undertakings are subject to appropriate network charges at the connection points between the community network and the distribution network outside the energy community. Such network charges shall account separately for the electricity fed into distribution network and the electricity consumed from the distribution network outside the local energy communreflect both the costs and benefits of the community network to the distribution network based on a transparent cost benefit analysis developed by the regulatory authority in line with Article 59 (8)paragraph 8.
Amendment 646 #
Proposal for a directive
Article 16 – paragraph 2 a (new)
Article 16 – paragraph 2 a (new)
2a. Where necessary, Member states shall provide an enabling framework that ensures that paragraphs1 and 2 are given effect.
Amendment 648 #
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 ensure that final customers and energy communities undertakings are enabled to exercise their rights and are not subject to any administrative, commercial or technical practice that may impair their rights or financial condition, monitor market access, treatment and procedures and charges applied to energy communities undertakings, the impact of energy communities undertakings 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 59paragraph 1(n).
Amendment 692 #
Proposal for a directive
Article 17 – paragraph 3 – point d
Article 17 – paragraph 3 – point d
(d) aggregators shall not be required to pay any compensation to suppliers or generators based on delivered demand response volumes, neither shall participating consumers, be it directly or via either of their respective balancing parties;
Amendment 700 #
Proposal for a directive
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, Member States may exceptionally allow compensation payments between aggregators andsuppliers or their balanceing responsible parties. Such compensation payments must be limited to situations where Aggregators may be charged a part of any such compensation payment based on delivered demand response market participvolumes only if antd induces imbalances to another market participant resulting in a financial cost.sofar as the costs for retailers would be proven to exceed their overall benefits resulting from demand response participating in the markets
Amendment 713 #
Proposal for a directive
Article 17 – paragraph 5 a (new)
Article 17 – paragraph 5 a (new)
5a. Member States shall ensure that electricity service providers, aggregators and relevant intermediaries inform the final customers whether final customers have the right conditions, including the right products and systems in their premises, to achieve benefits from any product or services offered to them in relation to the access to all organised markets.
Amendment 715 #
Proposal for a directive
Article 17 – paragraph 5 b (new)
Article 17 – paragraph 5 b (new)
5b. Member States, through their National Regulatory Authority and Consumer Protection Authorities, shall monitor and report annually about the participation of different consumer groups in demand response, and any other energy market, and about the impact of such participation on them. Member States shall modify protections where needed.
Amendment 718 #
Proposal for a directive
Article 17 – paragraph 5 c (new)
Article 17 – paragraph 5 c (new)
5c. Member States shall put in place incentives so that investments in energy management enabling technologies are affordable and accessible to all final customers, including low income households.
Amendment 719 #
Proposal for a directive
Article 17 – paragraph 5 d (new)
Article 17 – paragraph 5 d (new)
5d. The European Commission shall coordinate Member States’ assessment whether existing safety legislation can sufficiently address potential safety risks arising from demand-response enabling products. Health considerations should be a parameter included in future assessments of residential demand response schemes.
Amendment 720 #
Proposal for a directive
Article 17 – paragraph 5 e (new)
Article 17 – paragraph 5 e (new)
5e. Member States, through competent authority, shall analyse the liability of demand response providers and put in place adequate measures where negative impacts for consumers are identified.
Amendment 721 #
Proposal for a directive
Article 17 – paragraph 5 f (new)
Article 17 – paragraph 5 f (new)
5f. When setting product design requirements for energy using products through the Ecodesign Directive, the EU should ensure that smart features of appliances are limited in terms of energy consumption and that these features do not negatively affect the durability, reparability and upgradeability of the product. It shall also be ensured that appliance performance is capable of supporting dynamic price contracts and demand response services offered to final customers, and that the advanced/ smart functionalities can be switched off. Member States shall promote compatibility and interoperability between different software and hardware elements of energy management systems in order to avoid lock in effect.
Amendment 724 #
Proposal for a directive
Article 18 – paragraph 1
Article 18 – paragraph 1
1. Member States shall ensure that bills fulfil the minimum requirements for billing and billing information provided by suppliers as set out in Annex II. The information contained in billSettlement statements provided by aggregators and information to active consumers on the electricity fed into the grid or sold from the market participant buying their electricity shall fulfil the requirements set out in points 1, 2a and 3 of Annex II. The information contained in bills provided by suppliers, distribution system operators and information in settlement statements provided by aggregators shall be correct, clear, concise and presented in a manner that facilitates comparison by consumers.
Amendment 734 #
Proposal for a directive
Article 18 – paragraph 2
Article 18 – paragraph 2
2. Member States shall ensure that final customers receive free of charge all their bills and billing information for electricity consumption free of charge and that billom their supplier, any settlement statements and information on settlement, and all relevant demand response data or data on electricity fed into the grid or sold and that bills, settlement statements relating to demand response or electricity sold by active consumers are clear, accurate and easy to understand.
Amendment 739 #
Proposal for a directive
Article 18 – paragraph 3 – subparagraph 1
Article 18 – paragraph 3 – subparagraph 1
Billing and calculating settlements shall take place on the basis of actual consumption at least once a year. Billing information, demand response data or data on electricity fed into the grid or sold at least once a year. Billing information and demand response data or information on electricity fed into the grid or sold shall be made available at least once every three months, upon request at any time or where the final customers have opted to receive electronic billing or else twice a year.
Amendment 746 #
Proposal for a directive
Article 18 – paragraph 3 – subparagraph 2
Article 18 – paragraph 3 – subparagraph 2
This obligation may be fulfilled by a system of regular readings by the operator or by voluntary self-reading by the final customers whereby they communicate readings from their meter to the supplier. Only when the final customer has not been provided a meter reading for a given billing interval may billing be based on estimated consumption or a flat rate. The estimated consumption shall be based on the previous year consumption and/or on the consumption of a comparable household. In case final customers provide the meter readings, savings made by the operator, the supplier or the aggregator shall be shared with final customers.
Amendment 751 #
Proposal for a directive
Article 18 – paragraph 4
Article 18 – paragraph 4
4. Where final customers have meters that allow remote reading by the operator, accurate billing and settlement information based on actual consumption shall be provided at least once a month, demand response data or information on electricity sold or fed into the grid shall be provided at least once a month. After the installation of the smart meter, the final customer shall not be charged for unbilled energy consumed prior to the billing period covered in the statement of account.
Amendment 758 #
Proposal for a directive
Article 18 – paragraph 5
Article 18 – paragraph 5
5. Member States shall require that, to the extent that information on the electricity billing and historical consumption as well as the demand response data or electricity sold or fed into the grid is available, it is made available, at the request of the final customer, to a supplier or service provider designated by the consumer in accordance with point 3 of Annex II.
Amendment 760 #
Proposal for a directive
Article 18 – paragraph 6
Article 18 – paragraph 6
6. Member States shall ensure that final customers are offered the option of electronic billing information and bills, bills, settlement statements and information on settlement, and all relevant demand response data or electricity sold or fed into the grid, and that they receive, on request, a clear and understandable explanation of how their bill or settlement was derived, especially where bills or settlement are not based on actual consumption.
Amendment 768 #
Proposal for a directive
Article 18 – paragraph 7
Article 18 – paragraph 7
7. Member States may lay down that, at the request of the final customers, the information contained in these bills or settlement statements shall not be considered to constitute a request for payment. In such cases, Member States shall ensure that suppliers offer flexible arrangements for payments.
Amendment 773 #
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. If the contract includes a future change of product or price or a discount, this should be indicated on the bill together with the date when the change takes place. A separate notification about this change shall be sent to customers prior to the effective date.
Amendment 777 #
Proposal for a directive
Article 18 – paragraph 8 a (new)
Article 18 – paragraph 8 a (new)
8a. Member States, through their National Regulatory Authorities, shall define a tiered approach to the information provided in the bills from suppliers and settlement statements. When defining the tiered approach, Member States shall consider the ability of consumers to understand the information provided quickly.
Amendment 779 #
Proposal for a directive
Article 18 – paragraph 8 b (new)
Article 18 – paragraph 8 b (new)
8b. The bill shall include a reference where the final customer can find more details about less crucial information online. Household customers without internet access shall not be disadvantaged and shall be provided free of charge with easily accessible, consumer-friendly alternative means to find all necessary information.
Amendment 783 #
Proposal for a directive
Article 18 – paragraph 8 c (new)
Article 18 – paragraph 8 c (new)
8c. When changes to the energy bill and a possible new format are considered by Member States, consumer organisations shall be involved in the process, including when the bills are tested.
Amendment 875 #
Proposal for a directive
Article 27 – paragraph 1
Article 27 – paragraph 1
1. Member States shall ensure that all household customers, and, where Member States deem it appropriate, small enterprises (namely enterprises with fewer than 50 occupied persons and an annual turnover or balance sheet not exceeding EUR 10 million), enjoy universal service, that is the right to be supplied with electricity of a specified quality within their territory at competitivereasonable, easily and clearly comparable, transparent and non- discriminatory prices. To ensure the provision of universal service, Member States may appoint a supplier of last resort. Member States shall impose on distribution companies an obligation to connect customers to their network under terms, conditions and tariffs set in accordance with the procedure laid down in Article 59(6) . This Directive shall not prevent Member States from strengthening the market position of the household, small and medium-sized consumers by promoting the possibilities of voluntary aggregation of representation for that class of consumers.
Amendment 877 #
Proposal for a directive
Article 28 – paragraph 1
Article 28 – paragraph 1
1. . Member States shall take appropriate measures to protect 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 the prohibition of disconnection of electricity to such customers in critical times. Member States shall ensure thata free provision of a basic minimum quantity of electricity to vulnerable customers and guarantee that all other rights and obligations linked to vulnerablthese customers are applied. In particular, they shall take all necessary 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 and data protection. Disconnection shall be prohibited until the dispute between the supplier and the customer is settled.
Amendment 884 #
Proposal for a directive
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 necessarya right to sufficient electricity supply to vulnerable customers, or providing for support for energy efficiency improvements, for instance by energy community undertakings, taking into account the assessment undertaken pursuant to Section A.3.1.2 of Annex I of [Governance Regulation as proposed by 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 887 #
Proposal for a directive
Article 28 – paragraph 2 a (new)
Article 28 – paragraph 2 a (new)
2a. Member States shall set up independent ombudsman service for energy to help mediating conflicts between the customer and the supplier.
Amendment 891 #
Proposal for a directive
Article 29 – paragraph 1
Article 29 – paragraph 1
Member States in consultation with relevant stakeholders, including the Energy Poverty Observatory, shall define a set of criteria and indicators for the purposes of measuring energy poverty. Member States shall continuously monitor the number of households in energy poverty, analyse if these customers are sufficiently protected and modify protections where needed and shall report on the evolution of energy poverty and measures taken to prevent it 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 896 #
Proposal for a directive
Article 29 – paragraph 1 a (new)
Article 29 – paragraph 1 a (new)
The Commission, acting together with Eurostat and the Member States, should improve the comparability of datasets so that these become comparable across Member States within two years after this Directive comes into force.
Amendment 912 #
Proposal for a directive
Article 32 – paragraph 1 – subparagraph 1
Article 32 – paragraph 1 – subparagraph 1
Member States shall provide the necessary regulatory framework to ensure, including allowing and incentiviseing, distribution system operators to procure services in order to improve efficiencies in the operation and development of the distribution system, including local congestion management. In particular, regulatory frameworks shall enablsure distribution system operators to procure services from resources such as distributed generation, demand response or storage and considerabide by an efficiency first approach, including implementation of specific energy efficiency measures, which may supplant the need to upgrade or replace electricity capacity and which support the efficient and secure operation of the distribution system. Distribution system operators shall procure these services according to transparent, non- discriminatory and market based procedures.
Amendment 918 #
Proposal for a directive
Article 32 – paragraph 1 – subparagraph 2
Article 32 – paragraph 1 – subparagraph 2
Amendment 991 #
Proposal for a directive
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 Directiveregulation for the efficient, reliable and secure operation of the distribution system; and
Amendment 992 #
Proposal for a directive
Article 36 – paragraph 2 – point c
Article 36 – paragraph 2 – point c
(c) the regulatory authority has assessed the necessity of such derogation taking into account the fulfilment of the conditions under points (a) and (b) of this paragraph and has granted its approval.
Amendment 1059 #
Proposal for a directive
Article 51 – paragraph 2 – point a a (new)
Article 51 – paragraph 2 – point a a (new)
(aa) set out the level of overall system flexibility that will be required to deliver Union-wide climate and energy targets at least cost through ensuring efficient utilisation of renewable generation assets using a common methodology developed by ENTSO-E;
Amendment 1061 #
Proposal for a directive
Article 51 – paragraph 2 – point a b (new)
Article 51 – paragraph 2 – point a b (new)
Amendment 1063 #
Proposal for a directive
Article 51 – paragraph 2 – point b
Article 51 – paragraph 2 – point b
(b) contain all the investments already decided and identify new investments which have to be executed in the next three years including those relating to overall system flexibility and demand response in particular; and
Amendment 1066 #
Proposal for a directive
Article 51 – paragraph 3
Article 51 – paragraph 3
3. When elaborating the ten-year network development plan, the transmission system operator shall make reasonable assumptions about the evolution of the generation, supply, energy storage, demand response, consumption and exchanges with other countries, taking into account investment plans for regional and Union -wide networks.
Amendment 1069 #
Proposal for a directive
Article 51 – paragraph 5
Article 51 – paragraph 5
5. The regulatory authority shall examine whether the ten-year network development plan covers all investment needs identified during the consultation process, and whether it is consistent with the non-binding Union -wide ten-year network development plan ( Union -wide network development plan) referred to in [Article 27(1)(b) of recast of Regulation 714/2009 as proposed by COM(2016)861/2] and the EU's climate and energy targets. If any doubt arises as to the consistency with the Union -wide network development plan or climate and energy targets, the regulatory authority shall consult the Agency. The regulatory authority may require the transmission system operator to amend its ten-year network development plan.
Amendment 1070 #
Proposal for a directive
Article 51 – paragraph 6
Article 51 – paragraph 6
6. The regulatory authority shall monitor and evaluate the implementation of the ten-year network development plan. In particular, the regulatory authority shall monitor and evaluate the development of overall system flexibility and report annually on progress in reaching the demand response target and trajectory set in Article 51(1)(a b).
Amendment 1073 #
Proposal for a directive
Article 51 – paragraph 7 – subparagraph 1 – introductory part
Article 51 – paragraph 7 – subparagraph 1 – introductory part
In circumstances where the transmission system operator, other than for overriding reasons beyond its control, does not execute an investment, which, under the ten-year network development plan, was to be executed in the following three years or identifies a deficiency in the level of system flexibility and, in particular, demand response, Member States shall ensure that the regulatory authority is required to take at least one of the following measures to ensure that the investment in question is made if such investment is still relevant on the basis of the most recent ten-year network development plan or to ensure that the level of system flexibility required, and in particular demand response capacity, is met:
Amendment 1074 #
Proposal for a directive
Article 51 – paragraph 7 – subparagraph 1 – point b
Article 51 – paragraph 7 – subparagraph 1 – point b
(b) to organise a tender procedure open to any investors for the investment in question; or
Amendment 1078 #
Proposal for a directive
Article 51 – paragraph 7 – subparagraph 1 – point c a (new)
Article 51 – paragraph 7 – subparagraph 1 – point c a (new)
(ca) to place an obligation on the transmission system operator, distribution system operators or energy suppliers to procure the necessary level of system flexibility and demand response.
Amendment 1133 #
Proposal for a directive
Article 58 – paragraph 1 – point e
Article 58 – paragraph 1 – point e
(e) facilitating access to the network for new generation capacity and energy storage facilities , in particular removing barriers that could prevent access for new market entrants, including active customers and energy communities undertakings, and of electricity from renewable energy sources;
Amendment 1136 #
Proposal for a directive
Article 58 – paragraph 1 – point g
Article 58 – paragraph 1 – point g
(g) ensuring that customers benefit through the efficient functioning of their national market and their active participation, promoting effective competition and helping to ensure consumer protection in close cooperation with relevant consumer protection authorities;
Amendment 1139 #
Proposal for a directive
Article 58 – paragraph 1 – point g a (new)
Article 58 – paragraph 1 – point g a (new)
(ga) ensuring customers benefit from the efficient functioning of national markets overlapping with other electricity markets, and where cross-sectorial issues arise, clarifying competencies among regulators and authorities and ensuring that solutions are cost-efficient;
Amendment 1142 #
Proposal for a directive
Article 59 – paragraph 1 – point a
Article 59 – paragraph 1 – point a
(a) fixing or approving, in accordance with transparent criteria, and publishing transmission or distribution tariffs and, their methodologies and their assumptions;
Amendment 1146 #
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 1148 #
Proposal for a directive
Article 59 – paragraph 1 – point a b (new)
Article 59 – paragraph 1 – point a b (new)
(ab) ensuring that no exemptions or discounts on tariffs are given, except where it reflects the ability to pay of vulnerable customers and those in fuel poverty;
Amendment 1154 #
Proposal for a directive
Article 59 – paragraph 1 – point n
Article 59 – paragraph 1 – point n
(n) actively 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, switching rates, disconnection rates, charges for and the execution of maintenance services, 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; and dynamic price contracts, , the relationship between household prices and wholesale prices, how network costs and policy levies are passed through to customers, the evolution of supplier operational costs and margins across different final customer groups, including household and non-household customers, the number of tariffs available to different consumer groups, including by payment methods, number of offers restricted to different sales channels, number of customers on bundled contracts, satisfaction with the service provided by their supplier and complaint handling services, switching rates, intra-supplier switching rates, switching times, erroneous switching, satisfaction with the switching process, disconnection rates, charges for and the execution of maintenance services, number of final customers in contracts with aggregators, number of disconnections and reasons for disconnections and customers in debt number of customers in fuel poverty or vulnerable situations, 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 or consumer authorities, share of energy efficiency measures (under Article 7a and 7b of the Energy Efficiency Directive) implemented as a priority in households affected by energy poverty and in social housing;
Amendment 1158 #
Proposal for a directive
Article 59 – paragraph 1 – point n
Article 59 – paragraph 1 – point n
(n) monitoring thensuring an adequate level and effectiveness of market opening and competition at wholesale and retail levels, including on electricity exchanges,. Seeing that prices for household customers including prepayment systems, switching rates, disconnection rates, charges for and the execution of maintenance services, and are fair and proportionate. Taking the necessary measure in view of removing barriers to becoming an active customer, acting on complaints by household customers, as well as addressing any distortion or restriction of competition, including by providing any relevant information, and bringing any relevant cases to the relevant competition authorities;
Amendment 1160 #
Proposal for a directive
Article 59 – paragraph 1 – point n a (new)
Article 59 – paragraph 1 – point n a (new)
(na) monitoring how well the interest of household customers are protected, including : – the level of debt, in particular for those in fuel poverty and vulnerable situation, – the barriers for customers to exercise their rights, including access to information on out-of-court dispute settlement, – ease to access, assess and act to the market, including ease to access the information necessary to compare offers, – whether consumers are switching to a better deal for them, – the existence of misleading offers or marketing practices, – if consumers are benefiting from bundled offers when compared to having contracts for each product separately, including economic, environmental and social benefits, and from aggregators and dynamic price contract services, – existing measures to promote energy savings in households affected by energy poverty, in social housing as well as for tenants, – the functioning of the datasets established to identify customers in energy poverty, and – the application of changes of terms and conditions, including price increases, of existing contracts, and how the final customer is informed about the changes;
Amendment 1161 #
Proposal for a directive
Article 59 – paragraph 1 – point n b (new)
Article 59 – paragraph 1 – point n b (new)
(nb) monitoring how consumers are benefiting or dis-benefiting from dynamic price tariffs and offers, including whether they receive clear, relevant and complete information to accurately assess the risks and opportunities of entering in a dynamic price contract and whether the contract is suitable for them, and whether cross-subsidies, differences in quality of service or in consumer protection levels exist between those on a dynamic price contract and a non-dynamic price contract;
Amendment 1162 #
Proposal for a directive
Article 59 – paragraph 1 – point n c (new)
Article 59 – paragraph 1 – point n c (new)
(nc) monitoring how consumers are benefiting or dis-benefiting from dynamic price tariffs and offers, including whether they receive clear, relevant and complete information to accurately assess the risks and opportunities of entering in a dynamic price contract and whether the contract is suitable for them, and whether cross-subsidies, differences in quality of service or in consumer protection levels exist between those on a dynamic price contract and a non-dynamic price contract;
Amendment 1163 #
Proposal for a directive
Article 59 – paragraph 1 – point n d (new)
Article 59 – paragraph 1 – point n d (new)
(nd) ensure, or advice all relevant authorities, that marketing information to customers in relation to their energy consumption, generation, storage and management, including from dynamic price contracts and aggregators, are accurate, clear, and complete, that they include information on the risks associated with such contract and what is required to benefit from the offers,
Amendment 1164 #
Proposal for a directive
Article 59 – paragraph 1 – point n e (new)
Article 59 – paragraph 1 – point n e (new)
(ne) ensure that contract terms and conditions of electricity related contracts, including the supply of electricity, energy efficiency management and aggregation services, are fair, are in line with consumer protection legislation, and do not create market segmentation that would lead to negative outcomes for certain consumers groups;
Amendment 1165 #
Proposal for a directive
Article 59 – paragraph 1 – point n f (new)
Article 59 – paragraph 1 – point n f (new)
(nf) ensure that there are no subsidies from consumers with no dynamic price contracts to those on a dynamic price contract, and that non-dynamic price contracts are available to final customers;
Amendment 1166 #
Proposal for a directive
Article 59 – paragraph 1 – point n g (new)
Article 59 – paragraph 1 – point n g (new)
(ng) ensure that at least one independent comparison tool is available to and accessible for all customers, including those without internet access, allowing customers to assess whether different offers and contracts are suitable and beneficial to them, including bundled offers, price dynamic contracts and offers by aggregators;
Amendment 1167 #
Proposal for a directive
Article 59 – paragraph 1 – point n h (new)
Article 59 – paragraph 1 – point n h (new)
(nh) ensure that retail prices are affordable and reflective of wholesale prices trends for all consumer groups paying different tariff levels, including by payment methods;
Amendment 1168 #
Proposal for a directive
Article 59 – paragraph 1 – point n i (new)
Article 59 – paragraph 1 – point n i (new)
(ni) monitoring how consumers are benefiting or dis-benefiting from the smart meter roll out in comparison to its expected outcomes, including accuracy and timeliness of billing, ease of access data , speed and reliability of the switching process, speed and accuracy of final billing, interoperability, savings achieved through lower consumption and satisfaction with the smart meter rollout
Amendment 1169 #
Proposal for a directive
Article 59 – paragraph 1 – point n j (new)
Article 59 – paragraph 1 – point n j (new)
(nj) ensuring that customers with dynamic price contract are not exposed to high bills, including ensuring that they are protected in case that the equipment and switching that allows them to gain in efficiency and shift loads is not functioning.
Amendment 1170 #
Proposal for a directive
Article 59 – paragraph 1 – point n k (new)
Article 59 – paragraph 1 – point n k (new)
(nk) coordinating at the EU level to develop a methodology for comparison tools that allows customers to compare dynamic price contracts and bundled offers in an objective and easily understandable way;
Amendment 1171 #
Proposal for a directive
Article 59 – paragraph 1 – point n l (new)
Article 59 – paragraph 1 – point n l (new)
(nl) advising, in consultation with consumer bodies, the independent competent authority responsible for certifying comparison tools on how the tools can best deliver for energy customers, including on the accuracy and robustness of the comparison results, on the inclusion of bundled offers, aggregators, collective switching and dynamic price contracts, on the ease of comparison, on the clarity of the information displayed, and on avoiding undue bias on the way comparison results are displayed;
Amendment 1172 #
Proposal for a directive
Article 59 – paragraph 1 – point n m (new)
Article 59 – paragraph 1 – point n m (new)
(nm) set minimum binding requirements for offers to be labelled as ‘green electricity’ contracts, based on the ability of suppliers to substantiate the additionality of the contract by showing how consumers’ money is used to increase installed capacity of renewable power plants beyond what would otherwise be installed;
Amendment 1173 #
Proposal for a directive
Article 59 – paragraph 1 – point n n (new)
Article 59 – paragraph 1 – point n n (new)
(nn) advising, in consultation with consumer bodies, the independent competent authority responsible for certifying comparison tools on how ‘green tariffs’ should be displayed and searchable according to their level of additionality.
Amendment 1175 #
Proposal for a directive
Article 59 – paragraph 1 – point o
Article 59 – paragraph 1 – point o
(o) monitoring the occurrence of restrictive contractual practices, including exclusivity clauses which may prevent household customers to contract with an aggregator or other electricity service provider, or large non-household customers from contracting simultaneously with more than one supplier or restrict their choice to do so, and, where appropriate, informing the national competition authorities of such practices;
Amendment 1177 #
Proposal for a directive
Article 59 – paragraph 1 – point o a (new)
Article 59 – paragraph 1 – point o a (new)
(oa) monitoring the dealings of active consumers (as per Article 15 of this Directive) and renewable self- consumption (as per Article 22 of (recast) [Renewable Energy Directive], including how many consumers and groups of consumers have generation and/or storage installed in their premises, how easy is to access information and advice for them or those wishing to install generation or storage, level of fees and charges for the electricity self-consumed and for the electricity fed into the grid, level of remuneration of electricity fed into the grid, proportion of energy self- consumed, fed into the grid and consumed from the grid;
Amendment 1183 #
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, are effective and enforced;
Amendment 1186 #
Proposal for a directive
Article 59 – paragraph 1 – point t a (new)
Article 59 – paragraph 1 – point t a (new)
(ta) monitor market access for energy communities undertakings, including the number of existing energy communities undertakings, 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 for vulnerable consumers and households experiencing energy poverty.
Amendment 1199 #
Proposal for a directive
Article 59 – paragraph new8
Article 59 – paragraph new8
8. 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(312), regulatory authorities shall make available topublish in an accessible manner for all citizens and 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. This analysis shall ensure that network tariffs reflect the benefits deriving from the integration of final customers’ activities in the grid, and that the tariffs are not set at a level that unduly hampers the development of such activities.
Amendment 1201 #
Proposal for a directive
Article 59 – paragraph 9 a (new)
Article 59 – paragraph 9 a (new)
9a. National Regulatory Agencies should closely consult and cooperate with all relevant consumer representative bodies and other relevant civil organisation to ensure consumers' and citizens' input in the decision-making.
Amendment 1261 #
Proposal for a directive
Annex I – paragraph 1 – point f a (new)
Annex I – paragraph 1 – point f a (new)
(fa) indicate which tariffs are exclusively offered by the tool;
Amendment 1263 #
Proposal for a directive
Annex I – paragraph 1 – point f b (new)
Annex I – paragraph 1 – point f b (new)
(fb) include dynamic contracts and offers provided by aggregators based on the best information available about future prices and a possible price range;
Amendment 1268 #
Proposal for a directive
Annex I – paragraph 1 – point g a (new)
Annex I – paragraph 1 – point g a (new)
(ga) include prices and tariffs, and the quality of service performance for end- users;
Amendment 1270 #
Proposal for a directive
Annex I – paragraph 1 – point g b (new)
Annex I – paragraph 1 – point g b (new)
(gb) be accessible for persons with disabilities;
Amendment 1273 #
Proposal for a directive
Annex I – paragraph 1 – point g c (new)
Annex I – paragraph 1 – point g c (new)
(gc) include information on the necessity to sign for bundled services to be able to benefit from energy offer discounts.
Amendment 1275 #
Proposal for a directive
Annex I – paragraph 1 a (new)
Annex I – paragraph 1 a (new)
No provider shall be given favourable treatment in search results based on criteria other than the objective criteria used to trigger the search.
Amendment 1277 #
Proposal for a directive
Annex II – point 1 – paragraph 1
Annex II – point 1 – paragraph 1
Minimum information contained in the bill and the settlement statements.
Amendment 1279 #
Proposal for a directive
Annex II – point 1 – paragraph 2 – introductory part
Annex II – point 1 – paragraph 2 – introductory part
The following information shall be prominently displayed to final customers in their bills and periodical settlement bills: and settlement statements:
Amendment 1283 #
Proposal for a directive
Annex II – point 1 – paragraph 2 – point a a (new)
Annex II – point 1 – paragraph 2 – point a a (new)
(aa) when is the payment due or to be received;
Amendment 1286 #
Proposal for a directive
Annex II – point 1 – paragraph 2 – point b
Annex II – point 1 – paragraph 2 – point b
(b) electricity consumption, electricity sold and/or service provided, including the amount of energy curtailed, for the billing period;
Amendment 1287 #
Proposal for a directive
Annex II – point 1 – paragraph 2 – point c
Annex II – point 1 – paragraph 2 – point c
(c) the name of the supplier and/or the name of the market participant providing the settlement where relevant;
Amendment 1289 #
Proposal for a directive
Annex II – point 1 – paragraph 2 – point d
Annex II – point 1 – paragraph 2 – point d
(d) the contact details of the supplier including a consumer support hotlinand/or market participant providing the settlement including a consumer support hotline and free hotline for technical assistance;
Amendment 1292 #
Proposal for a directive
Annex II – point 1 – paragraph 2 – point e
Annex II – point 1 – paragraph 2 – point e
(e) the tariff or service name;
Amendment 1295 #
Proposal for a directive
Annex II – point 1 – paragraph 2 – point h
Annex II – point 1 – paragraph 2 – point h
(h) information relating the complaint handling process, on the single information point and its contact information, where to find information relating to their rights, and information on their rights as regards the means of dispute settlement available to them in the event of a dispute pursuant to Article 26.
Amendment 1299 #
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 or other relevant market party 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.
Amendment 1304 #
Proposal for a directive
Annex II – point 1 – paragraph 3 – introductory part
Annex II – point 1 – paragraph 3 – introductory part
Where appropriate, the following information shall be prominently displayed to final customers in or with their bills and, periodical settlement bills and settlement statements:
Amendment 1308 #
Proposal for a directive
Annex II – point 1 – paragraph 3 – point a
Annex II – point 1 – paragraph 3 – point a
(a) current actual prices and, actual consumption of electricity sold electricity, electricity fed into the grid and electricity curtailed ; and agreed capacity (in kW); ;
Amendment 1310 #
Proposal for a directive
Annex II – point 1 – paragraph 3 – point c a (new)
Annex II – point 1 – paragraph 3 – point c a (new)
(ca) payment methods available to final customers, or for payments due to the final customer;
Amendment 1312 #
Proposal for a directive
Annex II – point 1 – paragraph 3 – point c b (new)
Annex II – point 1 – paragraph 3 – point c b (new)
(cb) information about the type of data used for issuing the bill, the periodical settlement bill or settlement statement, i.e. meter reading by the Distribution System Operator, self-reading by the final customer or billing based on estimated consumption.
Amendment 1323 #
Proposal for a directive
Annex II – point 2 a (new)
Annex II – point 2 a (new)
2a. Aggregators shall provide clear information and breakdown of the components of the customers' settlement based on rules set by the National Regulatory Authority.
Amendment 1324 #
Proposal for a directive
Annex II – point 3 – paragraph 1
Annex II – point 3 – paragraph 1
Access to complementary information on historical consumption, electricity sold or fed into the grid, or curtailment.
Amendment 1336 #
Proposal for a directive
Annex II – point 4 – paragraph 5
Annex II – point 4 – paragraph 5
The regulatory authority or another competent national authority shall take the necessary steps to ensure that the information provided by suppliers to final customers pursuant to this Article is reliable and is provided, at a national level, in a clearly comparable manner. It should also set a template layout for publication. National Regulatory Authorities can derogate these requirements as follows: – if another form of direct communication from suppliers to consumers exist and is better fit to provide this information annually, this form can be used; – in special circumstances of supply, such as renewable energy communities or tenant models, a more fit for purpose information provision should be considered.
Amendment 1338 #
Proposal for a directive
Annex II – point 4 a (new)
Annex II – point 4 a (new)
4a. Disclosure of information on additionality of "green tariffs" Suppliers shall specify once a year in bills: Those consumers on a ‘Green’ tariffs shall receive information on the additionality of the tariff over the preceding year. This should demonstrate how consumers’ money is used to increase installed capacity or generation of renewable power plants beyond what would otherwise be installed. A template layout by all suppliers, building on the printed version that should be published with customers’ bills.