49 Amendments of Iliana IOTOVA related to 2007/0196(COD)
Amendment 30 #
Proposal for a directive – amending act
Recital 21 a (new)
Recital 21 a (new)
(21a) Consumers should be at the centre of this Directive. Existing rights for consumers need to be strengthened and guaranteed, and should include greater transparency and representation. Consumer protection must ensure that all customers benefit from a competitive market. Consumer rights should be enforced by national regulatory authorities through creating incentives and imposing sanctions on companies which do not comply with consumer protection and competition rules.
Amendment 31 #
Proposal for a directive – amending act
Recital 21 b (new)
Recital 21 b (new)
(21b) Consumer protection depends on the availability of effective channels of redress available to all. Member States should introduce rapid and effective arbitration procedures including extra judicial procedures and a collective redress mechanism to be followed up by an energy consumer ombudsman or an authority with a specific remit in each Member State.
Amendment 34 #
Proposal for a directive – amending act
Recital 23
Recital 23
(23) The public service requirements and the common minimum standards that follow from them need to be further strengthened to make sure that all consumers can benefit from competition. A key aspect in supplying customers is access to consumption data, and consumers must have access to their data so that they can invite competitors to make an offer based on these data. Consumers also should have the right to be properly informed about their energy consumption; advance payments should be appropriate and reflect effective gas consumption figures. Regularly provided information on energy costs will create incentives for energy savings because it will give customers direct feedback on the effects of investment in energy efficiency and change of behaviour.
Amendment 36 #
Proposal for a directive – amending act
Recital 23 b (new)
Recital 23 b (new)
(23b) Regular dialogue between energy consumer organisations and all other stakeholders (social partners, energy, regulators, government representatives, etc.) on all issues of energy consumer rights should be encouraged in order to ensure that maximum is done to achieve a high level of energy consumer rights. Furthermore, consumer organisations and authorities responsible for consumer protection should co-operate to check the accuracy of the information provided by the gas supplies.
Amendment 37 #
Proposal for a directive – amending act
Recital 23 c (new)
Recital 23 c (new)
(23c) Clear and comprehensible information should be made available to gas consumers concerning their rights in their dealings with the energy sector. In this context, the Commission must, after adoption of this directive, table a European Charter on the Rights of Energy Consumers. It must be possible to send a copy of the European Charter on the Rights of Energy Consumers to all consumers subscribing to new contracts.
Amendment 38 #
Proposal for a directive – amending act
Recital 24
Recital 24
(24) In order to contribute to security of supply whilst maintaining a spirit of solidarity between Member States, notably in the event of an energy supply crisis, it is important to provide a transparent and effective framework for regional solidarity cooperation.
Amendment 41 #
Proposal for a directive – amending act
Article 1 – point -1 (new)
Article 1 – point -1 (new)
Directive 2003/55/EC
Article 1 – paragraph 1
Article 1 – paragraph 1
(-1) Article 1, paragraph 1 is amended as follows: "1. This Directive establishes common rules for the transmission, distribution, supply and storage of natural gas, together with consumer protection provisions. To this end, it lays down the rules relating to the organisation and functioning of the natural gas sector, access to the market, the criteria and procedures applicable to the granting of authorisations for transmission, distribution, supply and storage of natural gas and the operation of systems. It also sets out the universal service obligations and the rights of natural gas consumers and clarifies obligations in respect of competition."
Amendment 42 #
Proposal for a directive – amending act
Article 1 – point 1 – point b a (new)
Article 1 – point 1 – point b a (new)
Directive 2003/55/EC
Article 2 – point 36 a (new)
Article 2 – point 36 a (new)
(ba) The following point is added: "36a. "energy poverty", means a situation in which a residential user cannot afford to heat his home to an acceptable level. The level shall be evaluated in accordance with the recommendations of the World Health Organisation, that is to say at least 18°C in all living areas when occupied, up to 22°C, depending on the function of the room. This situation shall also be evaluated in the light of the scope for customers to purchase other energy services for their homes at a reasonable price. A residential user is poor in energy terms if energy expenditure as a percentage of total household expenditure exceeds twice the national average of energy expenditure.
Amendment 43 #
Proposal for a directive – amending act
Article 1 – – point 1 – point b
Article 1 – – point 1 – point b
Directive 2003/55/EC
Article 2 – point 36 b (new)
Article 2 – point 36 b (new)
36b. "affordable price": a price defined at national level by the Member States in consultation with national regulators, the social partners and other stakeholders taking account of energy poverty as defined by this directive;
Amendment 47 #
Proposal for a directive – amending act
Article 1 – point 1 d (new)
Article 1 – point 1 d (new)
Directive 2003/55/EC
Article 3 – paragraph 3
Article 3 – paragraph 3
(1d) In Article 3, paragraph 3 is amended as follows: "3. Member States shall take appropriate measures to ensure that all household customers and small enterprises enjoy the benefit of a universal service, in particular the right to be supplied with gas of a specified quality at affordable, easily and clearly comparable, transparent and non-discriminatory tariffs and prices including adjusted prices and tariffs resulting from their respective indexation mechanisms; based on actual energy consumption and the right to choice, fairness, representation and redress. Member States shall ensure that quality of service is a central responsibility of gas companies. Member States shall take appropriate 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 and energy intensive businesses, as defined in Article17(1)(a) of Council Directive 2003/96/EC of 27 October 2003 restructuring the Community framework for the taxation of energy products and electricity. […]"
Amendment 48 #
Proposal for a directive – amending act
Article 1 – point 1 e (new)
Article 1 – point 1 e (new)
Directive 2003/55/EC
Article 3 – paragraph 3 a (new)
Article 3 – paragraph 3 a (new)
(1e) The following paragraph shall be inserted after paragraph 3: "3a. Member States shall appoint a supplier of last resort for customers connected to the gas network. Member States shall inform the public, the Commission and the Agency for regulators cooperation of the supplier-of- last-resort mechanism applied in order to prohibit any grid disconnection and therefore safeguard continuity of delivery."
Amendment 49 #
Proposal for a directive – amending act
Article 1 – point 1 f (new)
Article 1 – point 1 f (new)
Directive 2003/55/EC
Article 3 – paragraph 3 b (new)
Article 3 – paragraph 3 b (new)
Amendment 50 #
Proposal for a directive – amending act
Article 1 – point 1 g (new)
Article 1 – point 1 g (new)
Directive 2003/55/EC
Article 3 – paragraph 3 c (new)
Article 3 – paragraph 3 c (new)
(1g) The following paragraph shall be inserted after paragraph 3: "3c. Member States shall also ensure the transparency and predictability of published prices, tariffs (and parameters for calculating the tariffs), any indexation mechanisms and attached conditions through comprehensible and easily accessible calculation methods or through any other communications forms, communicated beforehand to and monitored or approved by the independent national regulator. The measures shall be communicated by the independent national regulator to the European Agency for regulators cooperation."
Amendment 51 #
Proposal for a directive – amending act
Article 1 – point 1 h (new)
Article 1 – point 1 h (new)
Directive 2003/55/EC
Article 3 – paragraph 3 d (new)
Article 3 – paragraph 3 d (new)
(1h) The following paragraph shall be inserted after paragraph 3: "3d. Member States shall ensure that energy consumers receive transparent and easily comprehensible energy invoices based on actual energy consumption. Energy invoices shall be timely and frequent enough to provide accurate and comprehensible information. Member States shall develop standard invoicing to be applied by all suppliers in order to increase their transparency and allow comparability. The consumers shall be on a regular basis - at least every month- informed about their global energy consumption."
Amendment 52 #
Proposal for a directive – amending act
Article 1 – point 1 i (new)
Article 1 – point 1 i (new)
Directive 2003/55/EC
Article 3 – paragraph 3 e (new)
Article 3 – paragraph 3 e (new)
(1i) The following paragraph shall be inserted after paragraph 3: "3e. Member States shall ensure that suppliers or network operators under their respective responsibilities install easily accessible help-lines, to deal with connection problems and other service quality issues occurring. They also shall establish a physical single entry point for any consumer information request. Member States shall ensure that suppliers and network operators put in place a common entry point for consumer complaints."
Amendment 53 #
Proposal for a directive – amending act
Article 1 – point 1 j (new)
Article 1 – point 1 j (new)
Directive 2003/55/EC
Article 3 – paragraph 3 f (new)
Article 3 – paragraph 3 f (new)
(1j) The following paragraph shall be inserted after paragraph 3: "3f. The Commission shall finance and develop pilot projects for the provision to individual consumers of “smart meters”, accurately reflecting actual energy consumption and time of use. On the basis of these pilot projects Member States shall ensure the proper provision of those meters in order to give consumers accurate information about energy consumption and to secure end-user efficiency. In conformity with Annex A point i)."
Amendment 54 #
Proposal for a directive – amending act
Article 1 – point 1 k (new)
Article 1 – point 1 k (new)
Directive 2003/55/EC
Article 3 – paragraph 5 a (new)
Article 3 – paragraph 5 a (new)
(1k) The following paragraph shall be inserted after paragraph 5: "5a. Member States shall take appropriate measures to combat energy poverty as part of their national energy plans, so as to guarantee a real fall in the number of those who are poor in energy terms and they shall inform the Commission of these measures. The Member States may select an integrated approach to guarantee that the universal service and public service obligations are fulfilled. Such measures shall provide for greater energy efficiency and may include special tariffs for vulnerable consumers and individual residential users. The Commission shall provide indictors to monitor the impact of such measures on energy poverty. Such measures shall not prevent the market opening arrangements provided for in Article 23."
Amendment 55 #
Proposal for a directive – amending act
Article 1 – point 1 l (new)
Article 1 – point 1 l (new)
Directive 2003/55/EC
Article 3 – paragraph 7 a (new)
Article 3 – paragraph 7 a (new)
(1l) The following paragraph shall be inserted after paragraph 7: "7a. To promote energy efficiency and help to reduce energy poverty, the national regulatory authorities must require gas suppliers to offer a sliding scale of tariffs with charges, increasing where consumption levels are higher. The national regulatory authorities shall guarantee that levels of consumption for which charges are lowest shall be equivalent to the typical consumption of low income residential users."
Amendment 65 #
Proposal for a directive – amending act
Article 1 – point 14
Article 1 – point 14
Directive 2003/55/EC
Article 24b – point (b)
Article 24b – point (b)
(b) the development of competitive and proper, transparent, properly and effectively functioning regional markets within the Community in view of the achievement of the objective mentioned in point (a);
Amendment 69 #
Proposal for a directive – amending act
Article 1 – point 14
Article 1 – point 14
Directive 2003/55/EC
Article 24c – paragraph 1 – point (i)
Article 24c – paragraph 1 – point (i)
(i) monitoring the effective level of market opening and competition at wholesale and retail levels, including on natural gas exchanges, household prices, switching rates, the extent to which prepayment arrangements are appropriate and reflect real consumption, disconnection rates and household complaints in an agreed format, as well as any distortion or restriction of competition in cooperation with competition authorities, including providing any relevant information, bringing any relevant cases to the attention of the relevant competition authorities;
Amendment 71 #
Proposal for a directive – amending act
Article 1 – point 14
Article 1 – point 14
Directive 2003/55/EC
Article 24c – paragraph 1 – point (l)
Article 24c – paragraph 1 – point (l)
(l) without prejudice to the competence of other national regulatory authorities, ensuring high standards of public service for natural gas, the protection of vulnerable customers, and that consumer protection measures set out in Annex A are effective and are being implemented properly in the interests of consumers, penalties being imposed for non-compliance by supply companies with the provisions in force;
Amendment 73 #
Proposal for a directive – amending act
Article 1 – point 14
Article 1 – point 14
Directive 2003/55/EC
Article 24c – paragraph 1 – point (n)
Article 24c – paragraph 1 – point (n)
(n) ensuring access to customer consumption data, the application of a harmonised and easily comprehensible format for consumption data, and theppropriate prepayment arrangements reflecting consumption and access to data under paragraph (h) of Annex A;
Amendment 74 #
Proposal for a directive – amending act
Article 1 – point 14
Article 1 – point 14
Directive 2003/55/EC
Article 24c – paragraph 1 – point (na) (new)
Article 24c – paragraph 1 – point (na) (new)
(na) National regulators shall introduce standardised bills for use by all suppliers, so as to achieve greater transparency and comparability, and shall include information on the rights of consumers on the websites of gas companies or independent national regulators;
Amendment 82 #
Proposal for a directive – amending act
Article 1 – point 16 b (new)
Article 1 – point 16 b (new)
Directive 2003/55/EC
Annex A – point (a) – indent 7 a (new)
Annex A – point (a) – indent 7 a (new)
(16b) In Annex A, point (a), a new indent shall be inserted: – in case contract conditions require minimum contract duration, the expiry date shall be mentioned on the bill.
Amendment 83 #
Proposal for a directive – amending act
Article 1 – point 16 b (new)
Article 1 – point 16 b (new)
Directive 2003/55/EC
Annex A – point (a) – indents 7 b and c (new)
Annex A – point (a) – indents 7 b and c (new)
– available payment parameters and facilities; – specification on appropriate metering and informative billing that accurately reflects individual consumers' consumption;
Amendment 84 #
Proposal for a directive – amending act
Article 1 – point 17
Article 1 – point 17
Directive 2003/55/EC
Annex A – paragraph 1 a (new)
Annex A – paragraph 1 a (new)
1a. All information obligations of the pre- contractual phase shall unrestrictedly apply to all elements of a future contract.
Amendment 85 #
Proposal for a directive – amending act
Article 1 – point 17
Article 1 – point 17
Directive 2003/55/EC
Annex A – point (c) a (new)
Annex A – point (c) a (new)
(ca) are able to benefit from the creation of an internet tool enabling them to compare prices and hence make informed choices.
Amendment 86 #
Proposal for a directive – amending act
Article 1 – point 17
Article 1 – point 17
Directive 2003/55/EC
Annex A – point (h)
Annex A – point (h)
(h) have at their disposal their consumption data, and shall be able to, by explicit agreement and free of charge, give any undertaking with a supply license access to its metering data, which may include the supply of available energy in a specific area and all national and Community measures promoting energy efficiency. The party responsible for data management is obliged to give these data to the undertaking. Member States shall define in a readily comprehensible manner, a format for the data and a procedure for suppliers and consumers to have easy access to the data. No additional costs can be charged to the consumer for this service.
Amendment 87 #
Proposal for a directive – amending act
Article 1 – point 17
Article 1 – point 17
Directive 2003/55/EC
Annex A – point (h) a (new)
Annex A – point (h) a (new)
(ha) shall have access to consumer rights on the websites of gas suppliers
Amendment 88 #
Proposal for a directive – amending act
Article 1 – point 17
Article 1 – point 17
Directive 2003/55/EC
Annex A – point (h) b (new)
Annex A – point (h) b (new)
(hb) must have access to tariff simulators on the websites of suppliers and of the independent national regulators.
Amendment 89 #
Proposal for a directive – amending act
Article 1 – point 17
Article 1 – point 17
Directive 2003/55/EC
Annex A – point (i)
Annex A – point (i)
(i) shall be properly informed every month of actual gas consumption and costs. No additional costs can be charged to the consumer for this service, which may include the supply of available energy in a specific area and all national and Community mechanisms to promote energy efficiency. No additional costs can be charged to the consumer for this service. Smart meters accurately recording the levels and times of energy consumption shall be installed in all homes by 2015.
Amendment 90 #
Proposal for a directive – amending act
Article 1 – point 17
Article 1 – point 17
Directive 2003/55/EC
Annex A – point (j)
Annex A – point (j)
(j) can change supplier at any time in the year without additional costs, and a customer's account with the previous supplier shall not be settled later than one month following the last supply by this previous supplier.
Amendment 91 #
Proposal for a directive – amending act
Article 1 – point 17
Article 1 – point 17
Directive 2003/55/EC
Annex A – point (j a) (new)
Annex A – point (j a) (new)
(ja) with special needs caused by impairments or in a poor financial situation shall benefit from essential energy services to maintain their physical and mental health and well-being, at reasonable prices or, where necessary, free of charge.
Amendment 92 #
Proposal for a directive – amending act
Article 1 – point 17
Article 1 – point 17
Directive 2003/55/EC
Annex A – point (j b) (new)
Annex A – point (j b) (new)
(jb) receive specification on how they will be provided with up-dated information on available energy efficiency improvement measures, comparative end-user profiles and/or objective technical specifications for energy-using equipment.
Amendment 93 #
Proposal for a directive – amending act
Article 1 – point 17
Article 1 – point 17
Directive 2003/55/EC
Annex A – point (j c) (new)
Annex A – point (j c) (new)
(jc) receive conditions referring to price changes allowing them to understand their effects easily.
Amendment 94 #
Proposal for a directive – amending act
Article 1 – point 17
Article 1 – point 17
Directive 2003/55/EC
Annex A – point (j d) (new)
Annex A – point (j d) (new)
(jd) receive information on energy supply without incurring excessive or costly inquiries
Amendment 95 #
Proposal for a directive – amending act
Article 1 – point 17
Article 1 – point 17
Directive 2003/55/EC
Annex A – point (j e) (new)
Annex A – point (j e) (new)
(je) shall have easy access to updated information on - the energy supply available in their area, and - on all national programmes, mechanisms and financial and legal frameworks promoting energy efficiency.
Amendment 96 #
Proposal for a directive – amending act
Article 1 – point 17
Article 1 – point 17
Directive 2003/55/EC
Annex A – point (j f) (new)
Annex A – point (j f) (new)
(jf) benefit from non-judicial dispute settlement, such as out-of court settlement, administrative procedures or mediation procedures shall enable disputes to be settled fairly, promptly (within a period of 3 months) and with no cost to the consumer.
Amendment 97 #
Proposal for a directive – amending act
Article 1 – point 17
Article 1 – point 17
Directive 2003/55/EC
Annex A – point (j g) (new)
Annex A – point (j g) (new)
(jg) shall have a clarified role of energy regulators in dispute settlement and shall be informed thereof without delay.
Amendment 100 #
Proposal for a directive – amending act
Article 1 – point 17 b (new)
Article 1 – point 17 b (new)
Directive 2003/55/EC
Annex A – paragraph 2 b (new) – point (a)
Annex A – paragraph 2 b (new) – point (a)
(17b) In Annex A, a new paragraph on obligations of the Member States shall be inserted: "2b. The Member States shall ensure that: (a) existing measures for the benefit of vulnerable consumers shall be well targeted and periodically reassessed. They shall be well balanced in order not to prevent market opening, create discriminations among European energy suppliers, distort competition, restrict resale or create discriminatory treatment of other consumers."
Amendment 101 #
Proposal for a directive – amending act
Article 1 – point 17 b (new)
Article 1 – point 17 b (new)
Directive 2003/55/EC
Annex A – paragraph 2 b (new) – point (b)
Annex A – paragraph 2 b (new) – point (b)
(b) competent bodies at national level shall monitor the gas offers available on the market. They shall present the results of price monitoring once a year to the public in a manner making it possible to compare prices and basic conditions of available offers.
Amendment 102 #
Proposal for a directive – amending act
Article 1 – point 17 b (new)
Article 1 – point 17 b (new)
Directive 2003/55/EC
Annex A – paragraph 2 b (new) – point (c)
Annex A – paragraph 2 b (new) – point (c)
(c) National Energy Action Plans are set up to address energy poverty and communicate such measures to the European Agency for regulators cooperation. The European Agency shall monitor, in cooperation with the national authorities, these measures and communicate successful measures. The Agency shall present to the European Parliament a report on the state of energy poverty in the Member States every two years.
Amendment 103 #
Proposal for a directive – amending act
Article 1 – point 17 b (new)
Article 1 – point 17 b (new)
Directive 2003/55/EC
Annex A – paragraph 2 b (new) – point (d)
Annex A – paragraph 2 b (new) – point (d)
(d) a definition of vulnerable consumers is adopted and published, and will be applied - without further request by the vulnerable consumer - by all suppliers of gas, where gas supply meets basic household needs. The Commission shall start infringement procedures against Member States omitting to adopt and to apply this definition.
Amendment 104 #
Proposal for a directive – amending act
Article 1 – point 17 b (new)
Article 1 – point 17 b (new)
Directive 2003/55/EC
Annex A – paragraph 2 b (new) – point (e)
Annex A – paragraph 2 b (new) – point (e)
(e) the rights linked to the status of vulnerable consumer are applied without placing an excessive burden on the consumers demanding it. Particular attention shall be granted in this respect to cases of pending disconnection.
Amendment 105 #
Proposal for a directive – amending act
Article 1 – point 17 b (new)
Article 1 – point 17 b (new)
Directive 2003/55/EC
Annex A – paragraph 2 b (new) – point (f)
Annex A – paragraph 2 b (new) – point (f)
(f) social prices and conditions for well defined categories of gas consumers in remote areas or with special needs, or at least ensure that such consumers have systematic access to the lowest offer on the market.
Amendment 106 #
Proposal for a directive – amending act
Article 1 – point 17 c (new)
Article 1 – point 17 c (new)
Directive 2003/55/EC
Annex A – paragraph 2 c (new) – point (a)
Annex A – paragraph 2 c (new) – point (a)
Amendment 107 #
Proposal for a directive – amending act
Article 1 – point 17 c (new)
Article 1 – point 17 c (new)
Directive 2003/55/EC
Annex A – paragraph 2 c (new) – point (b)
Annex A – paragraph 2 c (new) – point (b)
(b) promotion offers shall ensure that European energy consumers to a large extent benefit from metering facilities reflecting actual consumption and information on the time of use.
Amendment 108 #
Proposal for a directive – amending act
Article 1 – point 17 c (new)
Article 1 – point 17 c (new)
Directive 2003/55/EC
Annex A – paragraph 2 c (new) – point (c)
Annex A – paragraph 2 c (new) – point (c)
(c) natural gas is provided to consumers against payment. Nonetheless disconnection shall generally be considered an undesirable remedy in case of non-payment.
Amendment 109 #
Proposal for a directive – amending act
Article 1 – point 17 d (new)
Article 1 – point 17 d (new)
Directive 2003/55/EC
Annex A – paragraph 2 d (new)
Annex A – paragraph 2 d (new)
(17d) In Annex A, a new paragraph shall be inserted: "2d. The European Charter on the Rights of Energy Consumers, as proposed by the Commission, shall serve as a basis for the consumer protection guidelines recommended by the Agency to the Commission’.