40 Amendments of Angelika MLINAR related to 2016/0380(COD)
Amendment 67 #
Proposal for a directive
Recital 8
Recital 8
(8) Consumers are essential to achieving the flexibility necessary to adapt the electricity system to variable, distributed renewable generation. Technological progress in grid management and renewable generation has unlocked many opportunities for consumers, and healthy competition on retail markets will be essential to ensuring the market-driven deployment of innovative new services that cater to the consumers' changing needs and abilities, while increasing system flexibility. By empowering consumerHowever, the lack of real time or near real time information provided to consumers about their energy consumption, in particular due to the slow roll-out of smart meters, has prevented them from being active participants in the energy market and the energy transition. By empowering consumers and providing them with the tools 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 82 #
Proposal for a directive
Recital 15
Recital 15
(15) Member States should maintain a wide discretion to impose public service obligations on electricity undertakings in pursuing objectives of general economic interest. Member States should ensure that household customers and, where Member States deem it appropriate, small enterprises, enjoy the right to be supplied with electricity of a specified quality at clearly comparable, transparent and competitive prices. Nevertheless, public service obligations in the form of supply price regulation constitute a fundamentally distortive measure that often leads to the accumulation of tariff deficits, limitation of consumer choice, poorer incentives for energy saving and energy efficiency investments, lower standards of service, lower levels of consumer engagement and satisfaction, restriction of competition as well as fewer innovative products and services on the market, that ultimately is detrimental to vulnerable consumers. Consequently, Member States should apply other policy tools, and in particular targeted social policy measures, to safeguard the affordability of electricity supply to their citizens. Interventions in price setting should only be applied in limited exceptional circumstancesso far as it is strictly necessary for reasons of extreme urgency. A fully liberalised retail electricity market would stimulate price and non-price competition among existing suppliers and incentivise new market entries therefore improving consumers' choice and satisfaction.
Amendment 97 #
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, on the basis of open and voluntary participation, within a geographically confined community network that may operate in an isolated mode or be connected to the public distribution network. Community energy initiatives focus primarily on providing affordable energy of a specific kind, such as renewable energy, for their members or shareholders , contributing to bringing benefits to local communities and to representing local interests, and rather than prioritising profit- making like a traditional energy company. By directly engaging with consumers community energy initiatives are demonstrating their potential in facilitating the up-take of new technologies and consumption patterns, including smart distribution grids and demand response, in an integrated manner. Community energy can also advance energy efficiency at household level and help fight energy poverty through reduced consumption and lower supply tariffs. Community energy also enables certain groups of household consumers to participate in the energy market who otherwise might not have been able to do so. Where they have been successfully operated such initiatives have delivered economic, social and environmental value to the community that goes beyond the mere benefits derived from the provision of energy services. Local energy communities should be allowed to operate on the market on a level-playing field without distorting competition. Household consumers should be allowed to voluntarily participate in a community energy initiative as well as to leave it, 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 107 #
Proposal for a directive
Recital 34
Recital 34
(34) When it comes to deciding at national level on the smart metering deployment , it should be possible to base this on an economic assessment. This economic assessment should take into account the long term benefits of smart metering deployment for the whole value chain, in particular for better network management, more precise planning and identification of network losses. Should that assessment conclude that the introduction of such metering systems is economically reasonable and cost- effective only for consumers with a certain amount of electricity consumption, Member States should be able to take that into account when proceeding with implementation. This assessment should however be reviewed regularly and at least every two years in light of the fast evolving technological developments.
Amendment 109 #
Proposal for a directive
Recital 36
Recital 36
(36) In order to assist consumers' active participation in the electricity market, the smart metering systems to be deployed by Member States in their territory should be interoperable, not represent a barrier to switching of supplier, and should be equipped with fit-for-purpose functionalities that allow consumers to have real time or near-real time access to their consumption data, modulate their energy consumption and, to the extent that the supporting infrastructure permits, offer their flexibility to the network and to energy services companies, be rewarded for it, and achieve savings in their electricity bill.
Amendment 111 #
Proposal for a directive
Recital 38
Recital 38
(38) Currently different models for the management of data have been developed or are under development in the Member States following the deployment of smart metering systems. Independently of the data management model it is important that Member States put in place transparent rules under which data can be accessed and exchanged under non-discriminatory conditions and in an effective manner and ensure the highest level of data integrity, cybersecurity and data protection as well as the impartiality of the entities which handle data. Member states should also ensure that consumers remain in control and owners of the consumption data, in particular by being able to identify themselves, give or withdraw consent in an easy manner in accordance with Union data protection legislation.
Amendment 151 #
Proposal for a directive
Article 2 – paragraph 1 – point 7
Article 2 – paragraph 1 – point 7
7. 'local energy community' means: an locally-based association, a cooperative, a partnership, a non-profit organisation or other legal entity which is based on open participation, is effectively controlled by local shareholders or members, generally value aimed at providing local communities benefits and representing largely local interests, rather than profit-driven, involved in distributed generation and in performing activities of a distribution system operator, supplier or aggregator at local level, including across borders;;
Amendment 176 #
Proposal for a directive
Article 2 – paragraph 1 – point 15
Article 2 – paragraph 1 – point 15
15. 'independent aggregator' means an aggregator that is not affiliated to athe supplier of its customer or any other market participant;
Amendment 236 #
Proposal for a directive
Article 3 – paragraph 2
Article 3 – paragraph 2
2. Members States shall ensure that no undue barriers exist for market entry and market exit of electricity generation, energy storage, demand-response and electricity supply undertakings.
Amendment 304 #
Proposal for a directive
Article 8 – paragraph 2 – point k a (new)
Article 8 – paragraph 2 – point k a (new)
(ka) the assessment of alternatives, such as demand-response solutions and energy storage, to the construction of new generating capacity ;
Amendment 417 #
Proposal for a directive
Article 11 – paragraph 2 a (new)
Article 11 – paragraph 2 a (new)
2 a. Member states shall aim at reducing the share of fixed components in final customers electricity bills.
Amendment 452 #
Proposal for a directive
Article 12 – paragraph 3
Article 12 – paragraph 3
3. By way of derogation from paragraph 2, Member States may choose to permit suppliers to charge contract termination fees to customers willingly terminating fixed term supply contracts before their maturity. Such fees may only be charged if customers receive a demonstrable advantage from these contractsthey are clearly communicated to customers upfront. In addition, such fees shall not exceed the direct economic loss to the supplier of the customer terminating the contract, including the cost of any bundled investments or services already provided to the customer as part of the contract.
Amendment 497 #
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 relevant demand response data or data on supplied and sold electricity at least once per yearmonth.
Amendment 545 #
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 reflect both the costs and benefits to the network of consumer participation and the fair distribution of costs between active and non-active consumers, accounting separately for the electricity fed into the grid and the electricity consumed from the grid, in line with Article 59(8).
Amendment 559 #
Proposal for a directive
Article 15 – paragraph 2
Article 15 – paragraph 2
2. The energy installation required for the activities of the active customer may be managed by a third party for installation, operation, including metering and maintenance provided that the economic risk connected to the operation of the installation remains with the active consumer.
Amendment 564 #
Proposal for a directive
Article 15 – paragraph 2
Article 15 – paragraph 2
2. The energy installation required for the activities of the active customer may be managed by a third party for installation, operation, including metering and maintenance.
Amendment 657 #
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 throughdemand respond providers, including independent aggregators, tocan participate alongside generators in a non- discriminatory manner in all organised markets.
Amendment 705 #
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 and balance responsible parties. Such compensation payments must be limited to situations where one market participant induces imbalancwhere one market participant induces imbalances to another market participant resulting in a financial cost , while taking due account of market trends and consumer uptake to ensure that such measures tdo another market participant resulting in a financial cost create barriers to new market entrants.
Amendment 731 #
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 as set out in Annex II. The information contained in bills shall be correct, clear, concise, user- friendly and presented in a manner that facilitates comparison by consumers.
Amendment 763 #
Proposal for a directive
Article 18 – paragraph 7
Article 18 – paragraph 7
Amendment 785 #
Proposal for a directive
Article 19 – paragraph 1
Article 19 – paragraph 1
1. In order to promote energy efficiency and empower customers , Member States or, where a Member State has so provided, the regulatory authority shall strongly recommend that electricity undertakings and aggregators optimise the use of electricity, inter alia by providing energy management services, developing innovative pricing formulas, orand introducing interoperable smart metering systems orin particular with consumer energy management systems, smart grids, and where appropriate. smart appliances and 'smart homes'
Amendment 790 #
Proposal for a directive
Article 19 – paragraph 3
Article 19 – paragraph 3
3. Member States that proceed with smart metering deployment shall adopt and publish the minimum functional and technical requirements for the smart metering systems to be rolled out in their territories in line with the provisions laid down in Article 20 and Annex III. Member States shall ensure the user-centricity of smart metering systems, the interoperability of these smart metering systems as well as their connectivity with consumer energy management platforms. To this respect, Member States shall have due regard to the use of relevant available standards including those enabling interoperability, best practices and the importance of the development of data exchange, future and innovative energy services, the deployment of smart grids and the internal market in electricity.
Amendment 797 #
Proposal for a directive
Article 19 – paragraph 4
Article 19 – paragraph 4
4. Member States that proceed with smart metering deployment shall ensure that final customers contribute to the associated costs of the roll-out in a transparent and non-discriminatory manner while taking into account the long-term benefits for the whole value chain. Member States shall regularly monitor this deployment in their territories to track the evolution of costs and benefits for the whole value chain, including the delivery of net benefits to consumers.
Amendment 800 #
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 periodically and at least every two 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 808 #
Proposal for a directive
Article 20 – paragraph 1 – point a
Article 20 – paragraph 1 – point a
(a) the metering systems accurately measure actual electricity consumption and provide to final customers information on actual time of use. That information shall be made easily available and visualised to final customers on at least an in-home display at no additional cost and at real time or near-real time in order to support automated energy efficiency programmes, demand response and other services ;
Amendment 818 #
Proposal for a directive
Article 20 – paragraph 1 – point e
Article 20 – paragraph 1 – point e
(e) if final customers request it, 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. It shall equally be possible for final customers to download their metering data or transmit it to another party in accordance with their right to data portability under Union data protection legislation ;
Amendment 831 #
Proposal for a directive
Article 21 – paragraph 1 – point a
Article 21 – paragraph 1 – point a
(a) is equipped where technically feasible with functionalities referred to in Article 20, or with a minimum set of functionalities to be defined and published by Member States at national level and in line with the provisions in Annex III,
Amendment 834 #
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, automated energy efficiency programmes, demand response and energy management services.. 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. __________________ 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 835 #
Proposal for a directive
Article 23 – paragraph 2
Article 23 – paragraph 2
2. Member States shall organise the management of data in order to ensure efficient data access and exchange, data protection, data security, transparency, neutrality and data integrity. Independently of the data management model applied in each Member State, the party or parties responsible for data management shall provide to any eligible party with the explicit consent of the final customer, access to the data of the final customer. Eligible parties should have at their disposal in a non-discriminatory manner and simultaneously the requested data. Access to data shall be easy, while relevant procedures shall be made publicly available.
Amendment 840 #
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, download and portability of 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 844 #
Proposal for a directive
Article 24 – paragraph 1
Article 24 – paragraph 1
1. Member States shall define a common data format to enable interoperability and facilitate exchange of data 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.
Amendment 975 #
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, except equipment connected to the distribution grid and used for short-term control of the distribution system, if the system lacks the necessary and functional storage capacity for operation and where national regulatory authority has granted approval. Distribution system operators are not allowed to participate with this storage in any regular market.
Amendment 1035 #
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 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 43does not have to own the transmission system it is responsible for.
Amendment 1052 #
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 1083 #
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, except equipment used for short-term control of the transmission system, if the system lacks the necessary and functional storage capacity for operation and where national regulatory authority has granted approval. Transmission system operators are not allowed to participate with this storage in any regular market.
Amendment 1151 #
Proposal for a directive
Article 59 – paragraph 1 – point k
Article 59 – paragraph 1 – point k
(k) measuring the performance of the transmission system operators and distribution system operators in relation to the development of a smart grid that promotes energy efficiency and the integration of energy from renewable sources based on a limited set of Union- wide indicators, including a 'smartness indicator' for electricity grids and publish a national report every 2 years, including recommendations for improvement where necessary; The Commission is empowered to adopt delegated acts with a definition of ‘smartness indicator’. The smartness indicator shall in particular cover the volume of curtailed energy disaggregated per type of generation source, the amount of substations remotely monitored and controlled in real-time, and the amount of lines operated under dynamic line ratings.
Amendment 1185 #
Proposal for a directive
Article 59 – paragraph 1 – point s
Article 59 – paragraph 1 – point s
(s) ensuring non-discriminatory access to customer consumption data, the provision, for optional use, of an easily understandable harmonised format at national level for consumption data, and prompt access for all customers to such data pursuant to Articles 23 and 24 ;
Amendment 1222 #
Proposal for a directive
Article 62 – paragraph 1 – point c
Article 62 – paragraph 1 – point c
(c) approve the cooperative and inclusive decision- making process;
Amendment 1340 #
Proposal for a directive
Annex III – point 1
Annex III – point 1
1. Member States shall ensure the implementation of smart metering systems in their territories that may be subject to an economic assessment of all the long-term costs and benefits to the market, in particular the long term benefits to the whole value chain, and the individual consumer or which form of smart metering is economically reasonable and cost-effective and which timeframe is feasible for their distribution.
Amendment 1341 #
Proposal for a directive
Annex III – point 2
Annex III – point 2
2. Such assessment shall take into consideratibe based on the methodology for a cost- benefit analysis and the minimum functionalities for smart metering defined in the Commission Recommendation 2012/148/EU as well as best available techniques for ensuring the highest level of cybersecurity and data protection. The Commission shall ensure that this methodology is used in a consistent manner across the Union.