74 Amendments of Jaromír KOHLÍČEK related to 2016/0380(COD)
Amendment 136 #
Proposal for a directive
Article 2 – paragraph 1 – point 6
Article 2 – paragraph 1 – point 6
6. ‘active customer’ means a final customer or a group of jointly acting final customers who consume, store or sell electricity generated electricity on their premises and sell surplus electricity, including through aggregators or suppliers or traders, or participate in demand response or energy efficiency schemes provided that these activities do not constitute their primary commercial or professional activity;
Amendment 154 #
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 is effectively controlled by local shareholders or members, generally value rather than profit-driven, involved in distributed generation from renewable energy sources and in performing activities of a distribution system operator, supplier or aggregator at local level, including across borders;
Amendment 174 #
Proposal for a directive
Article 2 – paragraph 1 – point 15
Article 2 – paragraph 1 – point 15
Amendment 188 #
Proposal for a directive
Article 2 – paragraph 1 – point 25
Article 2 – paragraph 1 – point 25
25. ‘ energy from renewable sources’ means energy from renewable non-fossil sources , in particularnamely wind, solar (solar thermal and solar photovoltaic) ,and geothermal energy, ambient heat, hydropower and tide, ocean , wave energy, and combustible renewables: biofuels, bioliquids, biogas, solid biofuels and combustible wtide, wave and other ocean energy, hydropower, biomass, landfill gas, sewage treatment plant gas and biogastes of renewable origin , ;
Amendment 191 #
Proposal for a directive
Article 2 – paragraph 1 – point 26
Article 2 – paragraph 1 – point 26
26. ‘distributed generation’ means generation plants connected to the distribution system;green hydrogen’ means hydrogen generated from water using electricity or waste heat via electrolysis. The end product (e.g. hydrogen) must be considered 100% renewable irrespective of whether the electricity is taken from the grid or from an installation generating renewable electricity.
Amendment 195 #
Proposal for a directive
Article 2 – paragraph 1 – point 38
Article 2 – paragraph 1 – point 38
38. 'non-frequency ancillary service' means a service used by a transmission or distribution system operator for steady state voltage control, fast reactive current injections, inertia and black start capability;for local grid stability, short-circuit current, black start capability and island operation capability.
Amendment 205 #
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 into another energy carrier.
Amendment 210 #
Proposal for a directive
Article 2 – paragraph 1 – subparagraph 1 (new)
Article 2 – paragraph 1 – subparagraph 1 (new)
'billing' means a written statement of the money owed for goods or services and containing the minimum information defined in Annex II.1.
Amendment 218 #
Proposal for a directive
Article 2 – paragraph 1 a (new)
Article 2 – paragraph 1 a (new)
'billing information' means information on consumer's consumption for given period and prices of supplied electricity which may be stated on the electricity bill or provider to consumer separately. For the purposes of this directive, separately providing consumer with billing information shall not considered as a request for billing
Amendment 222 #
Proposal for a directive
Article 2 – paragraph 1 b (new)
Article 2 – paragraph 1 b (new)
50. 'electricity service providers' means a supplier of electricity or related services, such as services on demand-side response. For purposes of this Directive, this term includes suppliers, aggregators and local energy communities.
Amendment 224 #
Proposal for a directive
Article 2 – paragraph 1 c (new)
Article 2 – paragraph 1 c (new)
'energy storage facility' is a facility connected to the electricity system allowing storage of electricity within relevant time framework and subsequently delivering it back to the electricity system.
Amendment 231 #
Proposal for a directive
Article 3 – paragraph 1
Article 3 – paragraph 1
1. Member States shall ensure that their national legislation does not unduly hamper cross-border flowtransactions of electricity, consumer participation including through demand–side response, investments into flexible energy generation, energy storage, the deployment of electro-mobility or new interconnectors, and that electricity prices reflect actual demand and supply.
Amendment 235 #
Proposal for a directive
Article 3 – paragraph 2
Article 3 – paragraph 2
2. Members States shall einsure that no undue barriers exist for market entry and market exit of electricity generation and electricity supply undertakingstall funding mechanisms that secure investment in sector coupling technologies such as power to gas in order to exploit the full flexibility potential and provide additional long-term and large- scale electricity storage capacity via natural gas grid infrastructure. In this context, Member States shall introduce a technology-neutral support scheme for the remuneration of innovative technologies that ensure system-friendly, continuous energy generation (i.e. combinations of renewable energy sources as well as energy technologies for energy storage, flexibility, and grid stability). Apart from cost-efficiency parameters, the configuration of such funding schemes shall account for a technology´s potential for innovation and sector coupling as a crucial instrument for effective, cross-sectoral decarbonisation.
Amendment 246 #
Proposal for a directive
Article 3 a (new)
Article 3 a (new)
Article 3 a Member States shall ensure that their national legislation ensure for equal level- playing field and does not discriminate against market participants.
Amendment 258 #
Proposal for a directive
Article 5 – paragraph 2
Article 5 – paragraph 2
2. Member States shall ensure the protection of energy poor or vulnerable customers in a targeted manner by other means than public interventions in the price-setting for the supply of electricity or by social network tariffs. .
Amendment 290 #
Proposal for a directive
Article 5 – paragraph 4 – subparagraph 1
Article 5 – paragraph 4 – subparagraph 1
After[OP – insert the date – five years from the entry into force of this Directive], Member States may still apply public interventions in the price-setting for the supply of electricity for vulnerable household customers in so far as it is strictly necessary for reasons of extreme urgency. Reasons for extreme urgency refer to seldom situations caused by force majeure. Such interventions shall comply with the conditions set out in paragraph 3.
Amendment 313 #
Proposal for a directive
Article 10 – paragraph 1
Article 10 – paragraph 1
1. Member States shall ensure that all customers are entitled to have their electricity provided by a supplier, subject to the supplier’s agreement, regardless of the Member State in which the supplier is registered, as long as the supplier follows the applicable trading and balancing rules. In this regard, Member States shall take all measures necessary to ensure that administrative procedures do not discriminate against supply undertakings already registered in another Member State.
Amendment 351 #
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. SuppliElectricity service providers 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 periodand when possible no later than 6/xxx weeks 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 ;ervice provider.
Amendment 358 #
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 supplielectricity service provider .
Amendment 368 #
Proposal for a directive
Article 10 – paragraph 2 – point i
Article 10 – paragraph 2 – point i
(i) are given adequate information on alternatives to disconnection sufficiently in advance before the planned disconnection. These alternatives may refer to sources of support to avoid disconnection, alternative payment plans, debt management advice or disconnection moratorium and should not constitute an extra cost to customers;
Amendment 413 #
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 including the need to have an adequate electricity meter installed.
Amendment 439 #
Proposal for a directive
Article 12 – paragraph 1
Article 12 – paragraph 1
1. Member States shall ensure that a customer wishing to change supplielectricity service provider, while respecting contractual conditions, is entitled to such change within three weeks.
Amendment 447 #
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 suppliElectricity service providers tomay charge contract termination fees to customers willingly terminating fixed term supply contracts before their maturity. Such fees may only bTermination fee csharged if customers receive a demonstrable advantage from thesll be clearly stated in service contracts. In addition, sSuch 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 457 #
Proposal for a directive
Article 12 – paragraph 4
Article 12 – paragraph 4
4. Member States shall ensure that the right to switch supplielectricity service providers is granted to customers in a non- discriminatory manner as regards cost, effort or time.
Amendment 470 #
Proposal for a directive
Article 13 – paragraph 1
Article 13 – paragraph 1
1. Member States shall ensure that, where a final customer wishes to conclude a contract with an aggregator, such engagement shall not require the consent of the final customer's supplier. Supplier shall be duly informed in case the customer enters into contract with an aggregator and on changes in customer's consumption and generation induced by an aggregator.
Amendment 493 #
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 yearthe frequency stated in Article 18.
Amendment 536 #
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 organisedenergy markets either individually or through aggregators without being subject to disproportionately burdensome procedures and charges that are not cost reflective;
Amendment 550 #
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). Electricity fed into and consumed from the gird shall not be offset against each other.
Amendment 552 #
Proposal for a directive
Article 15 – paragraph 1 – point b a (new)
Article 15 – paragraph 1 – point b a (new)
(ba) c) different forms of system services where electricity is taken from the grid and stored for the maintenance of system stability and reliable energy provision shall be equally treated as renewable self-consumption models that are not consuming electricity from the grid and shall generally be free of levies and taxes irrespective of the end of use electricity. These models include constellations where energy storage facilities are operated in a system - friendly fashion by storing excess electricity from the gird for the purpose of: - (i) grid-balancing services, Frequency Containment Reserves (FCR), Frequency Restoration Reserves (FRR) and other ancillary services - (ii) long-term energy storage in order to cope with the increasing share of volatile renewable energy penetration and related risks for a permanent continuous and stable energy provision; - (iii) flexibility services that secure the local synchronization of demand and supply at all times, thereby avoiding grid bottlenecks and more costly grid expansion measures; - (iv) sector coupling, consuming excess electricity based on renewable energy for final energy uses in the heating and cooling or the mobility sector (e.g. via the production and use of green hydrogen in the existing natural gas network by means of Power to Gas technology)
Amendment 584 #
Proposal for a directive
Article 16 – paragraph 1 – point b
Article 16 – paragraph 1 – point b
(b) can access all organisedenergy markets either directly or through aggregators or suppliers in a non-discriminatory manner;
Amendment 594 #
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, generators, distribution system operators or aggregatorsshall be a balance responsible party or delegate their responsibility to a balance responsible party of their choice;
Amendment 661 #
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 aggregators, to participate alongside generators in a non- discriminatory manner in all organisedenergy markets.
Amendment 664 #
Proposal for a directive
Article 17 – paragraph 2
Article 17 – paragraph 2
2. Member States shall ensure that transmission system operators and distribution system operators when procuring ancillary services, treat demand response providers, including independent aggregators, in a non-discriminatory manner, on the basis of their technical capabilities.
Amendment 683 #
Proposal for a directive
Article 17 – paragraph 3 – point d
Article 17 – paragraph 3 – point d
Amendment 704 #
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 allowor national regulatory authorities determine compensation payments mechanisms between aggregators and balance responsible parties. Such compensation payments must be limited to situations where one market participant induces imbalances to another market participant resulting in a financial cost.
Amendment 708 #
Proposal for a directive
Article 17 – paragraph 4 – subparagraph 2
Article 17 – paragraph 4 – subparagraph 2
Amendment 711 #
Proposal for a directive
Article 17 – paragraph 5
Article 17 – paragraph 5
5. Member States shall ensure access to and foster participation of demand response, including through independent aggregators in all organisedenergy markets. Member States shall ensure that national regulatory authorities or, where their national legal system so requires, transmission system operators and distribution system operators in close cooperation with demand service providers and final customers define technical modalities for participation of demand response in these markets on the basis of the technical requirements of these markets and the capabilities of demand response. Such specifications shall include the participation of aggregators.
Amendment 723 #
Proposal for a directive
Article 17 a (new)
Article 17 a (new)
Article 17a 6. Member States shall ensure that no undue barriers exist for aggregators to entre electricity markets, as long as they meet the entry criteria for these markets. The criteria shall be set by Member States in a transparent and non-discriminatory manner, while taking into account the reliable and secure operation of the transmission and distribution networks.
Amendment 728 #
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 and presented in a manner that facilitates comparison by consumers and concise.
Amendment 741 #
Proposal for a directive
Article 18 – paragraph 3 – subparagraph 1
Article 18 – paragraph 3 – subparagraph 1
Billing shall take place on the basis of actual consumption at least once a year. Billing information, if requested by the customers, shall be made available at least once every three months,twice a year and upon request or where the final customers have opted to receive electronic billing or else twice a yearat least once every three months.
Amendment 754 #
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 information based on actual consumption and price shall be provided at least once a month if explicitly required by the customer.
Amendment 762 #
Proposal for a directive
Article 18 – paragraph 7
Article 18 – paragraph 7
Amendment 769 #
Proposal for a directive
Article 18 – paragraph 8
Article 18 – paragraph 8
Amendment 828 #
Proposal for a directive
Article 20 a (new)
Article 20 a (new)
Article 20a Functionalities under point I and Annex III shall be applicable by smart meters rolled out after [two years] after entry into force of this directive.
Amendment 849 #
Proposal for a directive
Article 24 – paragraph 2
Article 24 – paragraph 2
Amendment 906 #
Proposal for a directive
Article 31 – paragraph 5
Article 31 – paragraph 5
5. Each distribution system operator shall procure the energy it uses to cover energy losses and the non-frequency ancillary services in its system according to transparent, non-discriminatory and market based procedures, whenever it has such a function. Unless justified by a cost-benefit analysis or specific local conditions, 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 914 #
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 allow and incentivise 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 enable distribution system operators to procure services from resources such as distributed generation, demand response or storage and consider 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 taking into account local conditions.
Amendment 945 #
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 public recharging points for electric vehicles only if the following conditions are fulfilled:
Amendment 964 #
Proposal for a directive
Article 33 – paragraph 4
Article 33 – paragraph 4
4. Member States shall perform at regular intervals or at least every five years a public consultation in order to re-assess the potential interest of market parties to own, develop, operate or manage public recharging points for electric vehicles. In case the public consultation indicates that third parties are able to own, develop, operate or manage such points, Member States shall ensure that distribution system operators' activities in this regard are phased-out.
Amendment 978 #
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 to provide balancing services or which are used to sell electricity to the market.
Amendment 983 #
Proposal for a directive
Article 36 – paragraph 2 – introductory part
Article 36 – paragraph 2 – introductory part
2. By way of derogation from paragraph 1, Member States may allow distribution system operators to own, develop, manage or operate storage facilities only if two of the following conditions are fulfilled:
Amendment 986 #
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 cost-efficient storage facilities and the national regulatory authorities has granted it approval;
Amendment 993 #
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 conditions under points (a) and (b) and has granted its approval.
Amendment 1002 #
Proposal for a directive
Article 36 – paragraph 4
Article 36 – paragraph 4
4. Regulatory authorities shall perform at regular intervals or at least every five years a public consultation in order to re-assess the potential interest of market parties to invest, develop, operate or manage energy storage facilities. In case the public consultation indicates that third parties are able to own, develop, operate or manage such facilities, Member States shall ensure that distribution system operators' activities in this regard are phased-out. Distribution system operators shall have right to recover their investment made into storage facilities on fair and reasonable terms.
Amendment 1013 #
Proposal for a directive
Article 40 – paragraph 1 – point i
Article 40 – paragraph 1 – point i
(i) procuring ancillary services from market participants, except in cases defined in Article 54, to ensure operational security.
Amendment 1019 #
Proposal for a directive
Article 40 – paragraph 1 – point j
Article 40 – paragraph 1 – point j
Amendment 1032 #
Proposal for a directive
Article 40 – paragraph 2
Article 40 – paragraph 2
Amendment 1037 #
Proposal for a directive
Article 40 – paragraph 3
Article 40 – paragraph 3
Amendment 1044 #
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 analysisand approved by a competent authority, non-frequency ancillary services, is:
Amendment 1047 #
Proposal for a directive
Article 40 – paragraph 4 – point b
Article 40 – paragraph 4 – point b
(b) ensures effective participation of all qualified market participants including renewable energy sources, demand response, energy storage facilities and aggregators, in particular by requiring regulatory authorities or transmission 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 1087 #
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 to provide balancing services or which are used to sell electricity to the market and shall not own directly or indirectly control assets that provide ancillarysuch services.
Amendment 1092 #
Proposal for a directive
Article 54 – paragraph 2 – introductory part
Article 54 – paragraph 2 – introductory part
2. By way of derogation from paragraph 1, Member States may allow transmission system operators to own, manage or operate storage facilities or assets providing non-frequency ancillary services if the following conditions are fulfilled:
Amendment 1100 #
Proposal for a directive
Article 54 – paragraph 2 – point a
Article 54 – paragraph 2 – point a
(a) other parties, following an open and transparent tendering procedure, have not expressed their interest to own, control, manage or operate such facilities offering storage and/or non-frequency ancillary services to the transmission system operator;
Amendment 1108 #
Proposal for a directive
Article 54 – paragraph 2 – point b
Article 54 – paragraph 2 – point b
(b) such facilities or non-frequency ancillary services are necessary for the transmission system operators to fulfil their obligations under this Directive for the efficient, reliable and secure operation of the transmission system and they are not used to sell electricity to the market; and
Amendment 1113 #
Proposal for a directive
Article 54 – paragraph 3
Article 54 – paragraph 3
3. The decision to grant derogation shall be notified to the Agency and the Commission along with relevant information about the request and the reasons for granting the derogation.By way of derogation from paragraph 1, Member States may allow transmission system operators to own, manage or operate facilities providing non-frequency ancillary services, if two of the following conditions are fulfilled:
Amendment 1114 #
Proposal for a directive
Article 54 – paragraph 3 a (new)
Article 54 – paragraph 3 a (new)
3a. other parties, following an open and transparent tendering procedure, have not expressed their interest to own, control, manage or operate such facilities to the transmission system operator and the NRA has granted its approval;
Amendment 1116 #
Proposal for a directive
Article 54 – paragraph 3 b (new)
Article 54 – paragraph 3 b (new)
3b. Such facilities are necessary for the transmission system operators to fulfil its obligations under this regulation for the efficient, reliable and secure operation of the transmission system and they are not used to sell electricity to the market; and
Amendment 1117 #
Proposal for a directive
Article 54 – paragraph 3 c (new)
Article 54 – paragraph 3 c (new)
3c. The regulatory authority has assessed the necessity of such derogation and has granted its approval.
Amendment 1127 #
Proposal for a directive
Article 54 – paragraph 4 a (new)
Article 54 – paragraph 4 a (new)
4a. The decision to grant derogation shall be notified to the Agency and the Commission along with relevant information about the request and the reasons for granting the derogation.
Amendment 1302 #
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 billmade available to final customers:
Amendment 1307 #
Proposal for a directive
Annex II – point 1 – paragraph 3 – point a
Annex II – point 1 – paragraph 3 – point a
Amendment 1315 #
Proposal for a directive
Annex II – point 1 – paragraph 4
Annex II – point 1 – paragraph 4
In addition, comparisons with an average normalised or benchmarked customer in the same user category shall be made available to final customers in, with or signposted to within, their bills and periodical settlement bills.
Amendment 1330 #
Proposal for a directive
Annex II – point 4 – paragraph 2 – point b
Annex II – point 4 – paragraph 2 – point b
Amendment 1339 #
Proposal for a directive
Annex II – point 4 a (new)
Annex II – point 4 a (new)