96 Amendments of Jeppe KOFOD related to 2016/0380(COD)
Amendment 62 #
Proposal for a directive
Recital 4
Recital 4
(4) The Energy Union Framework Strategy sets out the vision of an Energy Union with citizens at its core, where citizens take ownership of the energy transition, benefit from new technologies to reduce their bills, participate actively in the market, and where vulnerable and energy poor consumers are protected.
Amendment 63 #
Proposal for a directive
Recital 5
Recital 5
(5) The Communication from the Commission of 15 July 2015 'Delivering a new deal for energy consumers30 ' put forward the Commission's vision for a retail market that better serves energy consumers, including by better linking wholesale and retail markets. Taking advantage of new technologyies, new and innovative energy service companies should enable all consumers to raise their awareness of their energy consumption and to fully participate in the energy transition, managing their consumption to deliver energy efficient solutions which save them money and contribute to overall reduction of energy consumption. __________________ 30 COM (2015) 339 final of 15.7.2015.
Amendment 65 #
Proposal for a directive
Recital 6
Recital 6
(6) The Communication from the Commission of 15 July 2015 'Launching the public consultation process on a new energy market design'31 highlighted that the move away from generation in large central power plants towards de-centralized production from renewable energy sources and decarbonized markets requires an adaptation of the current rules of electricity trading and changes to the roles of existing market roleparticipants. It underlined needs to organisze electricity markets in a more flexible manner and to fully integrate all market players – including renewable energy producers, new energy service providers, energy storage and flexible demand. __________________ 31 COM (2015) 340 final of 15.7.2015.
Amendment 68 #
Proposal for a directive
Recital 8
Recital 8
(8) Consumers are essential to achieving the flexibility necessary to adapt the electricity system to variable, and distributed renewable generation. Technological progress in grid management and renewable generation has unlocked many opportunities for consumers, and h. Healthy competition on retail markets will be essential to ensuring the market-driven deployment of innovative new services that cater to theaddress consumers' changing needs and abilities, while increasing system flexibility. By empowering consumers to participate in the energy market more, and participate in new ways, citizens should benefit from the internal market in electricity and the Union's renewable targets should be attained.
Amendment 91 #
Proposal for a directive
Recital 25
Recital 25
(25) All consumers should be able to benefit from directly participating in the market, in particular by adjusting their consumption according to market signals and in return benefit from lower electricity prices or other incentive payments. The benefits of this active participation are likely to increase over time when electric vehicles, heat pumps and other flexible loads become more competitivethe awareness of otherwise passive consumers is raised about their possibilities as active consumers and when the information on the possibilities of active participation are better accessible and known. Consumers should be enabled to participate in all forms of demand response and therefore should have the possibility to opt for having a smart metering system and a dynamic electricity pricing contract. This should allow them to adjust their consumption according to real time price signals that reflect the value and cost of electricity or transportation in different time periods, while Member States should ensure a reasonable exposure of consumers to the wholesale price risk. Consumers should be informed about potential price risk of dynamic price contracts. Member States should also ensure that those consumers who choose not to actively engage in the market are not penalised but instead their informed decision making on the options available to them should be facilitated in the manner that is the most suitable for domestic market conditions.
Amendment 104 #
Proposal for a directive
Recital 31
Recital 31
(31) Energy bills and annual statements are an important means through which customers are informed. As weEnergy bills asnd annual statements provide data on consumption and costs, while they can also convey other information that helps consumers to compare their current deal with other offers. However, considering that bill-related disputes are a very common source of consumer complaints, a factor whichbills and annual statements contributes to persistently low levels of consumer satisfaction and engagement in the energy sector,. Therefore it is necessary to make bills and annual statements clearer and easier to understand, as well as to ensure that bills contain all the information necessary to enable consumers to regulate their energy consumption, compare offers and switch suppliers.
Amendment 114 #
Proposal for a directive
Recital 40
Recital 40
(40) Energy services areupply is fundamental to safeguard the well-being of the Union citizens. Adequate warmthHeating, cooling, lighting and the energy to power appliances are essential services to guarantee a decent standard of living and citizens' health. Furthermore, access to these energy servicesenergy empowers European citizens to fulfil their potential and it enhances social inclusion. Energy poor households are unable to afford these energy services due to a combination of low income, high energy expenditure and poor energy efficiency of their homes. Member States should collect the right information to monitor the number of households in energy poverty. Accurate measurement should assist Member States to identify those households affected by energy poverty in order to provide targeted support through their social welfare systems or other policy measures. The Commission should actively support the implementation of the provisions on energy poverty by facilitating the sharing of good practices between Member States.
Amendment 120 #
Proposal for a directive
Recital 42
Recital 42
(42) Distribution system operators have to cost-efficiently integrate new electricity generation especially generating installations using renewable energy sources and new loads such as heat pumps and electric vehicles. For this purpose distribution system operators should be enabled and incentivised to use services from distributed energy resources such as demand response and energy storage, based on market procedures, in order to efficiently operate their networks and avoid costly network expansions. Member States should put in place appropriate measures such as national network codes and market rules, and incentivise distribution system operators through network tariffs which do not create obstacles toincentivise flexibility or to the improvement of energy efficiency in the grid. Member States should also introduce network development plans for distribution systems in order to support the integration of generating installations using renewable energy sources, facilitate the development of storage facilities and the electrification of the transport sector, and provide to system users adequate information regarding the foreseen expansions or upgrades of the network, as currently such procedure does not exist in the majority of Member States.
Amendment 124 #
Proposal for a directive
Recital 44
Recital 44
(44) Where a closed distribution system is used to ensure the optimal efficiency of an integrated energy supply requiring specific operational standards, or when a closed distribution system is maintained primarily for the use of the owner of the system, it should be possible to exempt the distribution system operator from obligations which would constitute an unnecessary administrative burden because of the particular nature of the relationship between the distribution system operator and the users of the system. Industrial, commercial or shared services sites such as train station buildings, airports, hospitals, large camping sites with integrated facilities or chemical industry sites can include closed distribution systems because of the specialised nature of their operations.
Amendment 125 #
Proposal for a directive
Recital 65
Recital 65
(65) This Directive should be read together with [recast of Regulation 714/2009 as proposed by COM(2016)861/2] which lays down key principles of the new market design for electricity which will enable better reward for flexibility, provide adequate price signals and ensure the development of functioning integrated short-term markets. [recast of Regulation 714/2009 as proposed by COM(2016)861/2] also sets out new rules in various areas including capacity mechanismsthe new method of assessment for resource adequacy and cooperation between transmission system operators.
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 202 #
Proposal for a directive
Article 2 – paragraph 1 – point 47
Article 2 – paragraph 1 – point 47
47. 'energy storage' means, in the electricity system, deferring an amount of the electricity that was generated to the moment of use, either as final energy or converted intothe conversion of electrical energy into a form of energy which can be stored, the storing of that energy, and the subsequent reconversion of that energy back into electrical energy or another energy carrier.
Amendment 249 #
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 address undue discrimination between energy customers, particularly those on pre-paid tariffs.
Amendment 301 #
Proposal for a directive
Article 8 – paragraph 2 – point f
Article 8 – paragraph 2 – point f
(f) energy efficiency, including the levels of demand-response potential;
Amendment 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 330 #
Proposal for a directive
Article 10 – paragraph 2 – point a – paragraph 1 – indent 2
Article 10 – paragraph 2 – point a – paragraph 1 – indent 2
- all services provided (including whether services providedare carried out by a provider different from the electricity service provider), the service quality levels offered, as well as the time for the initial connection,
Amendment 331 #
Proposal for a directive
Article 10 – paragraph 2 – point a – paragraph 1 – indent 4
Article 10 – paragraph 2 – point a – paragraph 1 – indent 4
- the means by which up-to-date information on all applicable tariffs and, maintenance charges and additional products and /or services (bundled offers) may be obtained,
Amendment 336 #
Proposal for a directive
Article 10 – paragraph 2 – point a – paragraph 1 – indent 5
Article 10 – paragraph 2 – point a – paragraph 1 – indent 5
- the duration of the contract, the conditions for renewal and termination of services and of the contract including additional products and/or services (bundled services) and of the contract and whether withdrawal from the contract without charge is permitted,
Amendment 357 #
Proposal for a directive
Article 10 – paragraph 2 – point d
Article 10 – paragraph 2 – point d
(d) are offered a wide choice of payment methods, which do not unduly discriminate between customers. Any difference in charges related to payment methods shall reflect the relevant costs incurred by the supplier, in line with Article 62 of Directive 2015/2366 which forbids surcharges for any payment instrument.
Amendment 360 #
Proposal for a directive
Article 10 – paragraph 2 – point e
Article 10 – paragraph 2 – point e
(e) are not placed at an excessive disadvantage in comparison to the average market price by the prepayment systems;
Amendment 377 #
Proposal for a directive
Article 10 – paragraph 2 – point j a (new)
Article 10 – paragraph 2 – point j a (new)
(ja) are provided with a summary of the key contractual conditions (such as the main features of the service, detailed information on prices, conditions for switching and price increase) in concise and simple language on the first page of the contract or along with the contract
Amendment 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 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 512 #
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 suppliefrom both individual and bundled contracts, including dynamic price contracts, offers from electricity suppliers, electricity service providers and independent aggregators 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. At least one tool per Member States shall cover the whole of the market. Customers should be informed of the availability of such tools including in or alongside their bills.
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 591 #
Proposal for a directive
Article 16 – paragraph 1 – point c
Article 16 – paragraph 1 – point c
(c) benefit from a non-discriminatory treatment with regard to their activities, rights and obligations as final customers, suppliers, generators, distribution system operators or aggregators;
Amendment 602 #
Proposal for a directive
Article 16 – paragraph 1 – point d
Article 16 – paragraph 1 – point d
(d) are subject to fair, proportionate and transparent procedures and cost reflective charges.
Amendment 607 #
Proposal for a directive
Article 16 – paragraph 1 – point d a (new)
Article 16 – paragraph 1 – point d a (new)
(da) adequately contribute to the costs of the electricity system they remain connected to.
Amendment 617 #
Proposal for a directive
Article 16 – paragraph 2 – point a a (new)
Article 16 – paragraph 2 – point a a (new)
(aa) final customers that are vulnerable or energy poor are able to participate in a local energy community if they so wish
Amendment 623 #
Proposal for a directive
Article 16 – paragraph 2 – point b
Article 16 – paragraph 2 – point b
(b) shareholders or members of a local energy community shall not lose theirhave the same rights as household customers or active customers;
Amendment 638 #
Proposal for a directive
Article 16 – paragraph 2 – point g
Article 16 – paragraph 2 – point g
(g) where relevant system users that are not shareholders or members of the local energy communitysystem users connected to the distribution network operated by a local energy community shall be subject to non- discriminatory, fair and cost-reflective network charges. If such system users that are not shareholders or members of a local energy community operating a distribution network and local energy communities cannot reach an agreement on network charges, both parties may request the regulatory authority to determine the level of network charges in a relevant decision;
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 671 #
Proposal for a directive
Article 17 – paragraph 3 – point a
Article 17 – paragraph 3 – point a
Amendment 688 #
Proposal for a directive
Article 17 – paragraph 3 – point d
Article 17 – paragraph 3 – point d
Amendment 697 #
Proposal for a directive
Article 17 – paragraph 4
Article 17 – paragraph 4
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 749 #
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 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.
Amendment 801 #
Proposal for a directive
Article 19 – paragraph 5
Article 19 – paragraph 5
5. When the deployment of smart metering is negatively assessed as a result of cost-benefit assessment referred to in paragraph 2, Member States shall ensure that this assessment is revised periodicallyat least every 2 years in response to changes in the underlying assumptions and to technology and market developments. Member States shall notify to the responsible Commission services the outcome of their updated economic assessment as it becomes available.
Amendment 819 #
Proposal for a directive
Article 20 – paragraph 1 – point e
Article 20 – paragraph 1 – point e
(e) if final customers request it, unvalidated near real-time metering data on their electricity input and off-take shall be made available to them, via a local standardised communication interface and/or remote access, or to a third party acting on their behalf, in an easily understandable format as provided for in Article 24, allowing them to compare deals on a like-for-like basis and shall be transferred to a third party upon the request of final customers without being charged fees;
Amendment 833 #
Proposal for a directive
Article 23 – paragraph 1
Article 23 – paragraph 1
1. When setting up the rules regarding the management and exchange of data, Member States or, where a Member State has so provided, the designated competent authorities shall specify the eligible parties which may have access to data of the final customer with their explicit consent in accordance with Regulation (EU) 2016/679 of the European Parliament and of the Council44 . For the purpose of this Directive, data shall include metering and consumption data as well as data required for consumer switching. Eligible parties shall include at least customers, suppliers, transmission and distribution system operators, aggregators, energy service companies, and other parties which provide energy or other services to customers. Upon request, eligible parties shall provide customers with an overview of the parties who have access to their data. __________________ 44 Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) (OJ L 119, 4.5.2016, p. 1).
Amendment 838 #
Proposal for a directive
Article 23 – paragraph 4
Article 23 – paragraph 4
4. No additional costs shall be charged to final customers for access to their data or their request to transfer their data. Member States shall be responsible for setting the relevant costs for access to data by eligible parties. Regulated entities which provide data services shall not profit from that activity.
Amendment 843 #
Proposal for a directive
Article 24 – paragraph 1
Article 24 – paragraph 1
1. Member States shall define a common data format and a transparent procedure for eligible parties to have access to the data listed under Article 23 (1), in order to promote competition in the retail market and avoid excessive administrative costs for the eligible parties until two years after the entry into force of this directive.
Amendment 857 #
Proposal for a directive
Article 24 – paragraph 2
Article 24 – paragraph 2
2. The Commission, by means of implementing acts adopted in accordance with the advisory procedure referred to in Article 68, shall determine interoperability standards and a common European data format and non- discriminatory and transparent procedures for accessing the data, listed under Article 23 (1), that will replace national data format and procedure adopted by Member States in accordance with paragraph 1 by (5 years after entry into force of this directive). Member States shall ensure that market participants apply ainteroperability standards or the common European data format.
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 904 #
Proposal for a directive
Article 31 – paragraph 5
Article 31 – paragraph 5
5. Each distribution system operator shall act as a neutral market facilitator in procureing the energy it uses to cover energy losses and reserve capacity 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 distribution system operator 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 .
Amendment 944 #
Proposal for a directive
Article 33 – paragraph 2 – introductory part
Article 33 – paragraph 2 – introductory part
2. Member States may allow distribution system operators to own, develop, manage or operate recharging points for electric vehicles only if the following conditions are fulfilled:.
Amendment 949 #
Proposal for a directive
Article 33 – paragraph 2 – point a
Article 33 – paragraph 2 – point a
Amendment 953 #
Proposal for a directive
Article 33 – paragraph 2 – point b
Article 33 – paragraph 2 – point b
Amendment 955 #
Proposal for a directive
Article 33 – paragraph 3
Article 33 – paragraph 3
Amendment 957 #
Proposal for a directive
Article 33 – paragraph 4
Article 33 – paragraph 4
Amendment 976 #
Proposal for a directive
Article 36 – paragraph 1
Article 36 – paragraph 1
1. Distribution system operators shall not be allowed to own, develop, manage or operate energy storage facilities other than storage needed by the distribution system operators for the local short-term control of the distribution grid stability and storage needed for the efficient, reliable and secure operation of the distribution system and where the national regulatory authority has granted its approval.
Amendment 988 #
Proposal for a directive
Article 36 – paragraph 2 – point a
Article 36 – paragraph 2 – point a
(a) other parties, following an open and transparent tendering procedure, have not expressed their interest to own, develop, manage or operate storage facilities, at a reasonable cost;
Amendment 1020 #
Proposal for a directive
Article 40 – paragraph 1 – point j
Article 40 – paragraph 1 – point j
(j) cooperating with the Agency, regional coordination centres and the ENTSO for electricity on the adoptingon of a framework for the cooperation and coordination between regional opercoordinational centres.
Amendment 1027 #
Proposal for a directive
Article 40 – paragraph 1 – point j a (new)
Article 40 – paragraph 1 – point j a (new)
(ja) digitalisation of transmission systems to ensure, inter alia, efficient real time data acquisition and use
Amendment 1030 #
Proposal for a directive
Article 40 – paragraph 1 – point j b (new)
Article 40 – paragraph 1 – point j b (new)
(jb) data management, cyber security and data protection.
Amendment 1036 #
Proposal for a directive
Article 40 – paragraph 2
Article 40 – paragraph 2
2. Member States may provide that one or several responsibilities listed under points (a) to (j) of paragraph 1 be assigned to a transmission system operator other than the one which owns the transmission system to which the concerned responsibilities would otherwise be applicable. The transmission system operator to which the tasks are assigned shall be certified as ownership unbundled, independent system operator or independent transmission operator and fulfil the requirements provided for in Article 43, but does not have to own the transmission system it is responsible for. The transmission system operator which owns the transmission system shall fulfil the requirements provided for in Chapter VI and be certified in accordance with Article 43.
Amendment 1042 #
Proposal for a directive
Article 40 – paragraph 4 – introductory part
Article 40 – paragraph 4 – introductory part
4. In performing the task described in point (i) of paragraph 1, the transmission system operator shall ensure that the procurement of balancing services and, unless justified by a cost-benefit analysis, and approved by the competent authority, non-frequency ancillary services, is:
Amendment 1050 #
Proposal for a directive
Article 47 – paragraph 3
Article 47 – paragraph 3
3. TSubsidiaries of the vertically integrated undertaking and its subsidiaries performing functions of generation or supply shall not have any direct or indirect shareholding in the transmission system operator. The transmission system operator shall neither have any direct or indirect shareholding in any subsidiary of the vertically integrated undertaking performing functions of generation or supply, nor receive dividends or any other financial benefit from that subsidiary.
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 1124 #
Proposal for a directive
Article 54 – paragraph 4
Article 54 – paragraph 4
4. The transmission system operatorMember States shall perform at regular intervals or at least every five years a public consultation for the required storage services 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 manner. Where the public consultation indicates that third parties are able to own, develop, operate or manage such facilities, Member States shall ensure that the activities of transmission system operators in this regard are phased out.
Amendment 1128 #
Proposal for a directive
Article 57 – paragraph 5 – subparagraph 1 – point a
Article 57 – paragraph 5 – subparagraph 1 – point a
(a) the regulatory authority can take autonomous decisions, independently from any political body, and has separate annual budget allocations, with autonomy in the implementation of the allocated budget, and adequate human and financial resources to carry out its duties; and
Amendment 1130 #
Proposal for a directive
Article 57 – paragraph 5 – subparagraph 1 – point b a (new)
Article 57 – paragraph 5 – subparagraph 1 – point b a (new)
(ba) the regulatory authority draws up a draft budget covering the regulatory tasks conferred upon it by this Directive and by related legislative acts, in order to provide the regulatory authority with the human and financial resources it needs to carry out its duties and powers in an effective and efficient manner;
Amendment 1131 #
Proposal for a directive
Article 57 – paragraph 5 – subparagraph 1 – point b b (new)
Article 57 – paragraph 5 – subparagraph 1 – point b b (new)
(bb) the ex-post control of a regulatory authority’s annual accounts is performed by an independent auditor;
Amendment 1157 #
Proposal for a directive
Article 59 – paragraph 1 – point n
Article 59 – paragraph 1 – point n
(n) monitoring the level and effectiveness of market opening and competition at wholesale and retail levels, including on electricity exchanges, prices for household customers including prepayment systems, dynamic price contracts and benefits from the use of smart meter, switching rates, disconnection rates, charges for and the execution of maintenance services, the relationship between household and wholesale prices, the evolution of grid tariffs and levies and complaints by household customers, as well as any distortion or restriction of competition, including providing any relevant information, and bringing any relevant cases to the relevant competition authorities;
Amendment 1176 #
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 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 1187 #
Proposal for a directive
Article 59 – paragraph 1 – point x
Article 59 – paragraph 1 – point x
(x) monitoring the availability of comparison websitetools, including comparison toolwebsites, apps and other interactive means that fulfil the criteria set out in Article 14 and Annex I.
Amendment 1214 #
Proposal for a directive
Article 62 – paragraph 1 – point a
Article 62 – paragraph 1 – point a
(a) approve the statutes and rules of procedureproposal for the establishment of regional coordination centres in accordance with Article 32(1) of Regulation(EU) … [Recast of Regulation as proposed by COM(2016) 861/2];
Amendment 1215 #
Proposal for a directive
Article 62 – paragraph 1 – point a a (new)
Article 62 – paragraph 1 – point a a (new)
(aa) approve the statutes and rules of procedure;
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 1240 #
Proposal for a directive
Article 62 – paragraph 2 – point c b (new)
Article 62 – paragraph 2 – point c b (new)
(cb) handle complaints against regional operational centre in relation to their obligations under Union law
Amendment 1249 #
Proposal for a directive
Article 69 – paragraph 1
Article 69 – paragraph 1
The Commission shall monitor and review the application of this Directive and submit an overall progress report to the European Parliament and the Council as an annex to the State of the Energy Union Report referred to in [Article 29 of Governance Regulation as proposed by COM (2016) 549]. By 1 June 2024, the Commission shall review the implementation of this Directive and shall submit a report and, if appropriate, a legislative proposal to the European Parliament and to the Council.
Amendment 1251 #
Proposal for a directive
Annex I – paragraph 1 – point a
Annex I – paragraph 1 – point a
(a) be operationally independentindependent from all market players and ensure that all suppliers are given equal treatment in search results;
Amendment 1255 #
Proposal for a directive
Annex I – paragraph 1 – point c a (new)
Annex I – paragraph 1 – point c a (new)
(ca) rank and display the search results according to an impartial algorithm independent from any remuneration from suppliers;
Amendment 1259 #
Proposal for a directive
Annex I – paragraph 1 – point f
Annex I – paragraph 1 – point f
(f) include an as complete a range of electricitnergy offers as practicable covering a significant part of the market and both dynamic and non-dynamic tariffs, individual and bundled contracts, from suppliers, aggregators and service providers, where the information presented is not a complete overview of the market, a clear statement to that effect, before displaying results; and
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 1281 #
Proposal for a directive
Annex II – point 1 – paragraph 2 – point a
Annex II – point 1 – paragraph 2 – point a
(a) the price to pay and, where relevant, the final price per kWh; and, where possible, the breakdown of price;
Amendment 1284 #
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 the payment is due;
Amendment 1290 #
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 conswith at least the phone number support hotlineand email address;
Amendment 1291 #
Proposal for a directive
Annex II – point 1 – paragraph 2 – point d a (new)
Annex II – point 1 – paragraph 2 – point d a (new)
(da) the information on switching and dispute settlement;
Amendment 1294 #
Proposal for a directive
Annex II – point 1 – paragraph 2 – point g a (new)
Annex II – point 1 – paragraph 2 – point g a (new)
(ga) a link or reference to where price comparison site(s) can be found
Amendment 1296 #
Proposal for a directive
Annex II – point 1 – paragraph 2 – point h
Annex II – point 1 – paragraph 2 – point h
(h) information on their rights as regards the means of dispute settlement available to them in the event of a dispute complaint handling process, on the single information point and its contact information, where to find information related to their rights, and contact details of the entity responsible for dispute settlement pursuant to Article 26.
Amendment 1300 #
Proposal for a directive
Annex II – point 1 – paragraph 2 – point h a (new)
Annex II – point 1 – paragraph 2 – point h a (new)
(ha) once a year, the electricity supplier should include on its bill an evaluation describing which of its tariffs would be most advantageous for the final customer if the consumption pattern of the previous year is repeated in the coming year.
Amendment 1301 #
Proposal for a directive
Annex II – point 1 – paragraph 2 – point h b (new)
Annex II – point 1 – paragraph 2 – point h b (new)
(hb) the single point of contact referred to in article 25
Amendment 1309 #
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) 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 1320 #
Proposal for a directive
Annex II – point 1 – paragraph 4 – point a (new)
Annex II – point 1 – paragraph 4 – point a (new)
(a) where appropriate, whether a more suitable or advantageous tariff is available, in accordance with article 18(9) new
Amendment 1325 #
Proposal for a directive
Annex II – point 3 – paragraph 3 – point b
Annex II – point 3 – paragraph 3 – point b
(b) detailed data according to the time of use for any day, week, month and year. These data shall be made available to final customers in near real time in a user- friendly format, via the internet or the meter interface for the period of at least the previous 24 months or the period since the start of the supply contract if this is shorter.
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: