7 Amendments of Arlene McCARTHY related to 2007/0196(COD)
Amendment 32 #
Proposal for a directive – amending act
Recital 22 a (new)
Recital 22 a (new)
(22a) All consumers should have the right to service delivery and complaint handling by their gas service provider in line with international standards ISO 10001, ISO 10002, and ISO 10003, and compliance with the guidelines established should be monitored by the national regulator. Further ISO standards developed in this field should also be added to the required standards. This Directive should adopt standards and practice from the proposal for a Directive on certain aspects of mediation in civil and commercial matters (2004/0251 (COD)).
Amendment 35 #
Proposal for a directive – amending act
Recital 23 a (new)
Recital 23 a (new)
(23a) The Commission should establish, in consultation with the European Parliament and the Council, a European Charter on the Rights of Energy Consumers. This Charter should provide a reference for guidelines to be established by Member States, national regulators, the Agency and the European Commission. In particular, rights established by the Charter should, where applicable, be adopted by the Commission as supplementary requirements under Annex A of this Directive, by means of the regulatory procedure with scrutiny.
Amendment 40 #
Proposal for a directive – amending act
Recital 32
Recital 32
(32) As regards Directive 2003/55/EC, power should be conferred on the Commission in particular to adopt the guidelines necessary for providing the minimum degree of harmonisation required to achieve the aim of this Directive including through the supplementing of measures in Annex A with guidelines adopted, as applicable, from the European Charter on the Rights of Energy Users. Since those measures are of general scope and are designed to supplement Directive 2003/55/EC by the addition of new non- essential elements, they must be adopted in accordance with the regulatory procedure with scrutiny provided for in Article 5a of Decision 1999/468/EC.
Amendment 46 #
Proposal for a directive – amending act
Article 1 – point 1 c (new)
Article 1 – point 1 c (new)
Directive 2003/55/EC
Article 3 – paragraph 3
Article 3 – paragraph 3
(1c) In Article 3, paragraph 3 is amended as follows: "3. Member States shall take all necessary measures to protect final customers and to ensure high levels of consumer protection, and shall, in particular, ensure that there are adequate safeguards to protect vulnerable customers, including appropriate measures to help them avoid disconnection. In this context, they may take appropriate measures to protect customers in remote areas who are connected to the gas system. Member States may appoint a supplier of last resort for customers connected to the gas network. Member States shall prohibit discriminatory charges on certain methods of payment, particularly for consumers charged by means of a pre- payment meter. They shall ensure high levels of consumer protection, particularly with respect to transparency regarding general contractual terms and conditions, general information and dispute settlement mechanisms. Member States shall ensure that the eligible customer is effectively able to switch to a new supplier. As regards at least household customers, the measures provided for by this Article shall include at a minimum the establishment of those rights set out in Annex A. Member States shall strengthen the market position of domestic consumers by allowing for and promoting the possibilities of voluntary aggregation of representation for this class of consumers, including the possibility for these consumers to seek redress collectively for any infringement of their rights set out in this Directive, including those provided for in Annex A."
Amendment 81 #
Proposal for a directive – amending act
Article 1 – point 16 a (new)
Article 1 – point 16 a (new)
Directive 2003/55/EC
Annex A – point (f)
Annex A – point (f)
In Annex A, point (f) shall be replaced by the following: "(f) benefit from transparent, simple and inexpensive procedures for dealing with their complaints. In particular, all consumers shall have the right to service delivery and complaint handling by their gas service provider in line with International Standards ISO 10001, ISO 10002, and ISO 10003. Such procedures shall enable disputes to be settled fairly and promptly with provision, where warranted, for a system of reimbursement and/or compensation. They should follow, wherever possible, the principles set out in Commission Recommendation 98/257/EC;"
Amendment 98 #
Proposal for a directive – amending act
Article 1 – point 17 a (new)
Article 1 – point 17 a (new)
Directive 2003/55/EC
Annex A – paragraph 2 a (new) – point (a)
Annex A – paragraph 2 a (new) – point (a)
(17a) In Annex A, a new paragraph on obligations of the Commission shall be inserted: "2a. The Commission: (a) shall establish, in consultation with the European Parliament and the Council, a European Charter on the Rights of Energy Consumers. This Charter shall provide a reference for guidelines to be established by Member States, national regulators, the Agency and the Commission."
Amendment 99 #
Proposal for a directive – amending act
Article 1 – point 17 a (new)
Article 1 – point 17 a (new)
Directive 2003/55/EC
Annex A – paragraph 2 a (new) – point (b)
Annex A – paragraph 2 a (new) – point (b)
(b) may adopt guidelines for the implementation of this Annex, including, inter alia, where further standards are developed relating to point (f), where applicable, to clearly incorporate those rights articulated in the European Charter on the Rights of Energy Consumers and where necessary in the light of experience. This measure, designed to amend non-essential elements of this Directive by supplementing it, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 27b(3).