205 Amendments of Claude TURMES related to 2016/0380(COD)
Amendment 60 #
Proposal for a directive
Recital 3
Recital 3
(3) Directive 2003/54/EC of the European Parliament and of the Council and Directive 2009/72/EC of the European Parliament and of the Council have made a significant contribution towards the creation of such an internal market in electricity. However, Europe's energy system is in the middle of a profound change. The common goal to decarbonisze theand achieve an energy efficient and 100% renewables based energy system creates new opportunities and challenges for market participants. At the same time, technological developments allow for new forms of consumer participation and cross- border cooperation. There is a need to adapt the Union market rules to a new market reality.
Amendment 61 #
Proposal for a directive
Recital 3 a (new)
Recital 3 a (new)
(3a) Wind and solar energy are in the centre of a future energy system, which in turn has to become more flexible
Amendment 75 #
Proposal for a directive
Recital 12 a (new)
Recital 12 a (new)
(12a) It is necessary to swiftly remove all distortions of competition resulting from the incomplete implementation of Recommendation of 24 October 2006 on the management of financial resources for the decommissioning of nuclear installations,
Amendment 79 #
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. 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 circumstances. 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.be limited to social tariffs to be offered by energy suppliers and only be applied in limited exceptional circumstances, in order to support the most vulnerable. In case the market does not generate enough competition and suppliers exploit the fact that customers are not willing to switch, National Regulatory Authorities should protect customers by introducing a reasonable cap on the profits of the suppliers operating on the retail market
Amendment 83 #
Proposal for a directive
Recital 21
Recital 21
(21) At present, several factors impede consumers from accessing, understanding and acting timely upon the various sources of market information available to them. To that end, the comparability of offers should be improved and barriers to switching minimised to the greatest practicable extent without unduly limiting consumer choice. At the same time consumers should be protected against misleading information, unfair contract terms and practices limiting their rights provided under this Directive.
Amendment 85 #
Proposal for a directive
Recital 22
Recital 22
(22) Customers are still being charged a broad range of fees directly or indirectly as a result of switching energy supplier. Such fees make calculating the best product or service more difficult and diminish the immediate financial advantage of switching. Although removing such fees may limit consumer choice by eliminating products based on rewarding consumer loyalty, restricting their use further should improve consumer welfare, consumer engagement and competition in the market. Overall, the switching process should be designed in an effortless and efficient manner in terms of information and service provision so that consumers are provided with timely information and a continuous service.
Amendment 86 #
Proposal for a directive
Recital 22 a (new)
Recital 22 a (new)
(22a) Collective switching schemes and campaigns should be promoted in order to help final customers find a better deal, both in terms of price and quality. To this end Member State should ensure the removal of any regulatory barriers, while providing a framework ensuring that such schemes remain independent, trustworthy, transparent, comprehensive and inclusive, also reaching those who are less engaged while avoiding any abusive practices.
Amendment 87 #
Proposal for a directive
Recital 23
Recital 23
(23) Independent comparison tools including websites are an effective means for final customers to assess the merits of different energy offers available on the market. Search costs are lower as they no longer need to collect information from individual suppliers and service providers. Such tools can provide the right balance between the need for information to be clear and concise and the need for it to be complete and comprehensive. With regard to offers from renewable sources easy to access and understandable information should be provided on suppliers, about which technologies they source for the electricity they supply, where they source it from, and whether they do so directly or through guarantees of origin. They should aim at including the broadest possible range of available offers, and at covering the market as completely as is feasible so as to give the final customer a representative overview.. It is crucial that the information given on such tools be trustworthy, impartial, up to date, accurate and transparent.
Amendment 90 #
Proposal for a directive
Recital 24
Recital 24
(24) Greater consumer protection is guaranteed by the availability of effective means of independent dispute settlement mechanisms for all consumers, such as energy ombudsman or a consumer body. Member States should introduce speedy and effective complaint handling procedures.
Amendment 94 #
Proposal for a directive
Recital 29 a (new)
Recital 29 a (new)
(29a) With the growing importance of active consumers, there is a need to strike a balance between rewarding those that choose to participate, where their participation results in benefits to the energy system, and ensuring the ability of distribution system operators to maintain the grid in a cost-efficient and secure way in the long term. Tariffs, charges and remuneration for self-consumption should incentivise smarter renewables integration technologies and motivate renewables self- consumers to make investment decisions that mutually benefit the final customer and the grid. To allow for such a balance, it is necessary to ensure that renewable self-consumers and local renewable energy communities are entitled to receive a remuneration for the self-generated renewable electricity they feed into the grid, which reflects at least the market value of the electricity fed in, as well as the long-term value to the grid, the environment and society. This must include both long-term costs and benefits of self-consumption in terms of avoided costs to the grid, society and the environment, especially when combined with other distributed energy resources such as energy efficiency, energy storage, demand response and community networks.
Amendment 96 #
Proposal for a directive
Recital 30
Recital 30
(30) Distributed energy technologies and consumer empowerment have made community energy and, including 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 within a geographically confined community network that may operate in an isolated mode or be connected to the public distribution networkrivate and public investment, social benefits, empowerment and local participation. Community energy initiatives focus primarily on providing affordable energy of a specific kind, such as renewable energy, for their members or shareholders, or to alleviate problems concerning a decreasing standard of living or to strengthen community interaction, 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 participation in these activities can contribute greatly to the achievement of the EU’s 2030 climate and energy targets and objectives. Energy communities supply affordable renewable energy for their members or shareholders locally, regionally and nationally, depending on national market context. Community energy can also advance energy efficiency, including end use energy savings, 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 communitieHousehold consumers should be allowed to opervoluntarily participate oin 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 a community energy initiative while maintaining all their rights as a consumer, including their right to choice and to a good quality of supply. Individuals should be able to leave a local energy community, 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 100 #
Proposal for a directive
Recital 30 a (new)
Recital 30 a (new)
(30a) Local energy communities should be allowed to operate in the market on a level-playing field without distorting competition. Incumbent national energy regulations are designed mainly for traditional, large commercial and public energy enterprises, preventing local energy communities from being able to participate. Furthermore, the specific characteristics of local energy communities, in particular their size, ownership and governance structure, and their primary aims of generating and distributing local environmental, economic and social benefits over profits, can make it difficult to meet certain market entry and participation requirements. While local energy communities are able to form and participate in the energy markets of some Member States, in many it is still impossible for citizens to participate in an energy community. To enable equal participation of citizens in the energy market across Europe, all final consumers should have a right to participate in a local energy community. In addition, local energy communities should be acknowledged in national regulatory frameworks, and entitled to an enabling framework that provides a level playing field with other undertakings, in particular through reduction of regulatory and market barriers that hamper their participation.
Amendment 102 #
Proposal for a directive
Recital 30 b (new)
Recital 30 b (new)
(30b) Community networks offer solutions to integrating higher levels of distributed renewable energy production at the local level while maintaining reliability, security of supply and cost- efficient operation of the distribution network. Through a community network, local energy communities offer an inclusive option for all final consumers, in particular household consumers that live in both isolated and urbanised areas, to have a direct stake in producing, consuming and or sharing energy between each other within a virtual community network, or a geographically confined community network that may operate in an isolated mode or be connected to the public distribution network. Where a community network is set up by a local energy community, access to the local energy community's network should be guaranteed on fair and cost-reflective terms. Individuals should be able to leave a local energy community that operates a community network without losing access to the network operated by the community energy initiative or their rights as consumers.
Amendment 110 #
Proposal for a directive
Recital 37
Recital 37
(37) . A key aspect of supplying final customers is access to objective, timely and transparent consumption data. Thus, consumers should have access to their consumption data and associated prices and services costs so that they can invite competitors to make an offer based on those data. Consumers should also have the right to be properly informed about their energy consumption. Prepayments should not place a disproportionate disadvantage at their users, while different payment systems should be non-discriminatory. Information on energy costs provided to final consumers frequently enough will create incentives for energy savings because it will give final customers direct feedback on the effects of investment in energy efficiency and change of behaviour. In this respect, full implementation of Directive 2012/27/EU of the European Parliament and of the Council33 will help consumers to reduce their energy costs. __________________ 33 Directive 2012/27/EU of the European Parliament and of the Council of 25 October 2012 on energy efficiency, amending Directives 2009/125/EC and 2010/30/EU and repealing Directives 2004/8/EC and 2006/32/EC (OJ L 315, 14.11.2012, p. 1).
Amendment 112 #
Proposal for a directive
Recital 39
Recital 39
(39) Member States should take the necessary measures to protect vulnerable and energy poor customers in the context of the internal market in electricity. Such measures may differ according to the particular circumstances in the Member States in question and may include social or energy policy measures relating to the payment of electricity bills, investment in residential energy efficiency and facilitating their access to affordable renewable energy or consumer protection such as disconnection safeguards. Where universal service is also provided to small enterprises, measures to ensure that such universal service is provided may differ according to whether they are aimed at household customers or small enterprises.
Amendment 117 #
Proposal for a directive
Recital 41 a (new)
Recital 41 a (new)
(41a) There is a need to support and optimise the integration of energy from renewable sources into the transmission and distribution grid and the use of energy storage systems for integrated variable production of energy from renewable sources. To this end, Member States shall ensure long-term grid and system planning and take appropriate steps to develop transmission and distribution grid infrastructure, intelligent networks, storage as well as interconnections between Member States and Member States and third countries, in order to ensure system readiness for the uptake of increasing levels of electricity produced from renewable sources.
Amendment 118 #
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 to 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 integrationensure system readiness for the uptake of increasing levels of generating installations using renewable energy sourcesgy efficiency and electricity production from renewable energy sources and a secure operation of the electricity system , 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 127 #
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, renewables ready, consumer-centered and flexible electricity markets in the Union. Using the advantages of an integrated market, the Directive aims at ensuring affordable, transparent energy pricecosts for consumers, a high degree of security of supply and a smooth transition towards a decarbonihighly energy efficient and fully renewables-based 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. Consumer interests shall be at the heart of this Directive and quality of service shall be a central responsibility of electricity undertakings. Existing rights of consumers need to be strengthened and guaranteed, and shall include greater transparency. Consumer protection shall ensure that all consumers in the wider remit of the Community benefit from a competitive market. Consumer rights shall be enforced by Member States or, where a Member State has so provided, the regulatory authorities.
Amendment 134 #
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 within, or near, their premises, including a multi-apartment block, residential area, a commercial, or shared services site, a local energy community, or a closed distribution system on their premises, including through aggregators or power purchase agreements, or participate in demand response or energy efficiency schemes provided that these activities do not constitute their primary commercial or professional activity;
Amendment 147 #
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 and in perform SME or not-for-profit organisation, which is based on open participation, is effectively controlled by local shareholders or members, that are participating collectively as final customers and have equal decision making rights, whose predominant aim is to provide local environmental, economic or social community benefits for their members or the local area or areas where they operate rather than generate profits, that carries out or is involved in at least one or more of the following activities of a: distribution system operator, supplier or aggregator at local level, including across borders;ed generation, storage, supply, provision of energy efficiency services, aggregation, electro-mobility, or distribution system operation.
Amendment 160 #
Proposal for a directive
Article 2 – paragraph 1 – point 7 a (new)
Article 2 – paragraph 1 – point 7 a (new)
7a. ´renewable ready market´ means a market, which favours the market integration of variable renewable energy sources and incentivises adequate flexibility options through dedicated market arrangements.
Amendment 171 #
Proposal for a directive
Article 2 – paragraph 1 – point 14
Article 2 – paragraph 1 – point 14
14. ‘aggregator’ means a market participant that combines multiple customer loads or generated electricity for sale, for purchase or auction in any organised energy market, ancillary services market, capacity mechanisms, wholesale energy markets and local energy communities;
Amendment 177 #
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 or any other market participant;f the customer.
Amendment 185 #
Proposal for a directive
Article 2 – paragraph 1 – point 24
Article 2 – paragraph 1 – point 24
24. ‘energy efficiency' means the ratio of output of performance, service, goods or energy, to input of energy /demand-side management’ means a global or integrated approach aimed at influencing the amount and timing of electricity consumption in order to reduce primary energy consumption and peak loads by giving precedence to investments in energy efficiency measures, or other measures, such as interruptible supply contracts, over investments to increase generation capacity, if the former are the most effective and economical option, taking into account the positive environmental impact of reduced energy consumption and the security of supply and distribution cost aspects related to it;
Amendment 192 #
Proposal for a directive
Article 2 – paragraph 1 – point 26 a (new)
Article 2 – paragraph 1 – point 26 a (new)
26a. Community network’ means either a virtual distribution system that operates through the general distribution system, or a closed distribution system that can operate independently from the general distribution system. The community network primarily distributes electricity to household customers, and incidentally to non-household customers, including particular small commercial consumers or shared services sites, within a geographically confined area, and has the potential to feed excess electricity into the general distribution network, or absorb excess electricity from the general distribution network in order to reinforce reliable and affordable local energy security.
Amendment 203 #
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, over an amount of time, from the moment of generatedion to the moment of use, either as final energy or converted into another energy carrier.
Amendment 225 #
Proposal for a directive
Article 3 – paragraph 1
Article 3 – paragraph 1
1. Member States shall ensure that their national legislation promotes a renewables ready market, does not unduly hamper cross-border flows 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 and the full life cycle cost of the different generators.
Amendment 237 #
Proposal for a directive
Article 3 – paragraph 2 a (new)
Article 3 – paragraph 2 a (new)
2a. In view of ensuring fair and undistorted competition, implementing the polluter-pays principle and avoiding imposing undue burdens on future generations, operators of lignite and coal energy installations participating in the internal energy market shall meet the following requirements by [OP: two years after the entry into force]: a) operators shall setup a segregated just transition fund with appropriate external control and transparent management financed by direct contributions from the revenues obtained from their activities during the designed lifetime, in order to - assume full financial responsibility for the decommissioning of the installations they operate, as well as the reconversion of generation and mining sites, including re-cultivation, remediation and re- establishment of ground water levels; - establish an inclusive governance process at local level to ensure a fair transition strategies, including employment and growth perspectives towards a sustainable regional economy; b) operators shall not be allowed to reduce their liability in case of company restructuring; c) operators shall be covered by full insurance obligation for civil liability for damages caused by the installations they operate.
Amendment 242 #
Proposal for a directive
Article 3 – paragraph 2 b (new)
Article 3 – paragraph 2 b (new)
2b. Removal of obstacles to fair competition in the internal energy market In view of ensuring fair and undistorted competition, implementing the polluter- pays principle and avoiding imposing undue burdens on future generations, operators of nuclear energy installations participating in the internal energy market shall meet the following requirements by [OP: two years after the entry into force]: a) set up a segregated fund with appropriate external control and transparent management financed by direct contributions from the revenues obtained from their nuclear activities during the designed lifetime, in order to assume full financial responsibility for the decommissioning of nuclear installations they operate as well as for the management until final storage of spent fuel and radioactive waste generated by installations they operate; nuclear operators shall not be allowed to reduce their liability in case of company restructuring; b) comply with the obligations set out in Council Directive2011/70/Euratom of 19 July 2011, in particular by contributing to the national financing schemes for spent fuel and radioactive waste management as appropriate; c) be covered by full insurance obligation for civil liability for nuclear damages caused by the nuclear energy installations they operate.
Amendment 243 #
Proposal for a directive
Article 3 – paragraph 2 c (new)
Article 3 – paragraph 2 c (new)
2c. By [OP: two years after the entry into force] the Commission shall submit a report to the Parliament and to the Council on existing distortions of competition in the internal market linked to national regimes on decommissioning of commercial nuclear installations, spent fuel and radioactive waste management and insurance for civil liability for nuclear damages. The report shall provide for appropriate measures to remove such distortions, including legislative proposals under the relevant Euratom Treaty provisions, to achieve the internalisation of external costs deriving from the operation of commercial nuclear energy installations.
Amendment 252 #
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 to address undue discrimination between final costumers.
Amendment 253 #
Proposal for a directive
Article 5 – paragraph 1 a (new)
Article 5 – paragraph 1 a (new)
1a. If there is evidence of market abuse in the retail market, the respective National Regulatory Authority may introduce a cap on the margins and profits which suppliers take unduly on the electricity component of the retail price.
Amendment 263 #
Proposal for a directive
Article 5 – paragraph 2
Article 5 – paragraph 2
2. Member States shall ensure the protection of energy poor or vulnerable household customers in a targeted manner by other means than public interventions in the price-setting for the supply of electricity.
Amendment 287 #
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, provided it is strictly necessary for reasons of extreme urgency and the support takes form of social tariffs to be offered by energy companies. Beyond, Member States shall empower households affected by energy poverty and in social housing by promoting tailored energy efficiency programmes as well as access to affordable renewable energy. In accordance with article 27 of this Directive, Member States may further appoint a supplier of last resort. Such interventions shall comply with the conditions set out in paragraph 3.
Amendment 300 #
Proposal for a directive
Article 8 – paragraph 2 – point f
Article 8 – paragraph 2 – point f
(f) energy efficiencyalternatives to the construction of generation capacity available, such as energy efficiency measures, demand response or energy storage;
Amendment 306 #
Proposal for a directive
Article 8 – paragraph 3 – subparagraph 1
Article 8 – paragraph 3 – subparagraph 1
Member States shall ensure that specific, simplified or streamlined authorisation procedures exist for small decentralised and/or distributed generation, which take into account their limited size and potential impact.
Amendment 308 #
Proposal for a directive
Article 8 – paragraph 3 – subparagraph 2
Article 8 – paragraph 3 – subparagraph 2
Member States mayshall set guidelines for that specific authorisation procedure, which shall be publicly available. National regulatory authorities or other competent national authorities including planning authorities shall review those guidelines and may recommend amendments thereto.
Amendment 319 #
Proposal for a directive
Article 10 – paragraph 2 – point a – paragraph 1 – indent 1 a (new)
Article 10 – paragraph 2 – point a – paragraph 1 – indent 1 a (new)
- the contribution of each energy source to the overall fuel mix of the supplier (at national level i.e. in the Member States where the supply contract has been concluded, as well as at EU level if the supplier is active in several Member States) over the preceding year in a comprehensible and clearly comparable manner
Amendment 323 #
Proposal for a directive
Article 10 – paragraph 2 – point a – paragraph 1 – indent 1 b (new)
Article 10 – paragraph 2 – point a – paragraph 1 – indent 1 b (new)
- the name of the product, the price and if applicable discounts and information on time period of the applicability of the discount,
Amendment 324 #
Proposal for a directive
Article 10 – paragraph 2 – point a – paragraph 1 – indent 1 c (new)
Article 10 – paragraph 2 – point a – paragraph 1 – indent 1 c (new)
- the contribution of each energy source to the electricity purchased by the final customer in accordance with the supply contract (product level disclosure),
Amendment 326 #
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 as stipulated in the contract), the service quality levels offered, as well as the time for the initial connection,
Amendment 333 #
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 337 #
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, including additional products and /or services (bundled services) and of the contract ,
Amendment 346 #
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. Suppliers shall notify their customers well in advance 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 period30 days 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 ; National Regulatory Authorities shall monitor changes of terms and conditions of the contract made by the supplier and shall analyse the means by which the final customer is informed about a price increase and, where relevant, improve the communication via standardised forms and further conditions;
Amendment 356 #
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(Payment Services Directive 2) which forbids surcharges for any payment instrument.
Amendment 363 #
Proposal for a directive
Article 10 – paragraph 2 – point g
Article 10 – paragraph 2 – point g
(g) have the right to a good standard of service and complaint handling by their electricity service provider. Electricity service providers shall handle complaints in a simple, fair and prompt manner;, prompt and transparent manner; in cases where the service provided is linked or is bundled with software, hardware or communication technology, final customers should have their complaint handled through a single contact point.
Amendment 372 #
Proposal for a directive
Article 10 – paragraph 2 – point j
Article 10 – paragraph 2 – point j
(j) receive a final closure account following any change of electricity supplier no later than sixtwo weeks after the change of supplier has taken place.
Amendment 379 #
Proposal for a directive
Article 10 – paragraph 2 – point j a (new)
Article 10 – paragraph 2 – point j a (new)
(ja) are allowed to terminate the contract with the suppliers and providers of additional products and/or services (including bundled offers) at any time at no cost, if the contract is extended without the customers´ consent;
Amendment 381 #
Proposal for a directive
Article 10 – paragraph 2 – point j b (new)
Article 10 – paragraph 2 – point j b (new)
(jb) are entitled to sign one or more single-buyer or multiple-buyer power purchase agreement with on-site, nearby and off-site electricity generating installations without being subject to disproportionate and unfair costs and administrative procedures.
Amendment 393 #
Proposal for a directive
Article 10 – paragraph 2 a (new)
Article 10 – paragraph 2 a (new)
2a. Member States, inter alia through their National Regulatory Authorities, shall ensure all suppliers provide a speedy, fair and effective complaint handling procedure. Member States may introduce standards of complaint handling and direct compensation to consumers if suppliers fail to meet these standards.
Amendment 399 #
Proposal for a directive
Article 11 – paragraph 1
Article 11 – paragraph 1
1. Member States shall ensure that every final customer is entitled, on request, to a dynamic electricity price contract by his supplierwith sufficient choice of contracts in every market. Where the market does not deliver sufficient choice, Member States shall take appropriate measures.
Amendment 409 #
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 as well as the potential additional costs that may occur due to the installation of enabling technical equipment. When offering these contracts the supplier shall provide the contract terms and conditions and a summary of key contractual conditions with clear guidance and warnings on the financial risk of such dynamic price contract.
Amendment 415 #
Proposal for a directive
Article 11 – paragraph 2 a (new)
Article 11 – paragraph 2 a (new)
2a. Member States shall ensure that electricity suppliers providing dynamic price contracts establish a risk profile of the final customer before entering into a contract. The risk profile should take into account the consumption profile, customers’ ability to take on risk, including their ability to pay, their ability to provide flexibility at peak times, and their understanding of the risks involved. The risks of the product offered to final customers shall reflect the risk profile of the final customer. Suppliers shall base their risk profile assessment and their dynamic price contracts on methodology approved by the Members State, inter alia through their National Regulatory Authority.
Amendment 419 #
Proposal for a directive
Article 11 – paragraph 3
Article 11 – paragraph 3
3. Member States, through their National Regulatory Authorities, shall monitor and report annually, for at least a ten-year period after such contracts become available, on the main developments of such contracts including market offers, the regulatory framework and specifically measures taken by Member States to reduce regulatory barriers, the impact on consumers' bills and specifically the level of price volatility, the share of the energy component in the consumer bill, and on consumers' sensitivity to the level of financial risk as well the overall distributive effects.
Amendment 426 #
Proposal for a directive
Article 11 – paragraph 3 a (new)
Article 11 – paragraph 3 a (new)
3a. The Commission shall share best practices of dynamic electricity price contracts.
Amendment 434 #
Proposal for a directive
Article 12 – paragraph 1
Article 12 – paragraph 1
1. Member States shall ensure that a customer wishing to change supplier, while respecting contractual conditions, is entitled to such change within three weeks. By the date of the entry into force of this Directive, the technical process of switching suppliers shall not take longer than 24 hours and shall be possible any working day.
Amendment 445 #
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 fixed price supply contracts before their maturity. Such fees may only be charged if customers receive a demonstrable advantage from these contracts. In addition, such fees shall be proportionate to the advantage provided to the customer and 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. The burden of proof of the direct economic loss shall always be on the supplier and monitored by the National Regulatory Authority.
Amendment 453 #
Proposal for a directive
Article 12 – paragraph 3 a (new)
Article 12 – paragraph 3 a (new)
3a. In case of bundled investment in equipment, the economic loss shall be determined based on whichever amount is smaller, either the pro rata temporis residual value of subsidised equipment bundled with the contract at the moment of the contract conclusion or the remaining part of the service fee until the end of the contract.
Amendment 456 #
Proposal for a directive
Article 12 – paragraph 4
Article 12 – paragraph 4
4. Member States shall ensure that the right to switch suppliers is granted to customers in a non-discriminatory manner as regards cost, effort or time. Providers of bundled services shall give final customers the possibility to cancel or switch individual parts of the bundled contract.
Amendment 459 #
Proposal for a directive
Article 12 – paragraph 4 a (new)
Article 12 – paragraph 4 a (new)
4a. Household customers shall be entitled to participate in collective switching schemes. Member States shall remove all regulatory or administrative barriers for collective switching while providing a framework that ensures utmost protection for consumers to avoid any abusive practices.
Amendment 467 #
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 final customers are not prohibited by their supplier to conclude a contract with an aggregator. Where a final customer wishes to conclude a contract with an independent aggregator and to sell flexibility to the market through an aggregator, such engagement shall not require the consent of the final customer's supplier. Suppliers shall not be allowed to modify its contract with the customer when the customer decides to sign a contract with an independent aggregator to value his/her flexibility. Final customers that have entered a contract with an aggregator shall have access to the same offers and tariffs from suppliers as consumers without those services.
Amendment 478 #
Proposal for a directive
Article 13 – paragraph 2
Article 13 – paragraph 2
2. Member States shall ensure that a final customer wishing to terminate thean ongoing contract with an aggregator, while respecting contractual conditions, is entitled to such termination within three weeks is entitled to such termination, counting from the conclusion of prior flexibility assessments and approval procedures, while respecting committed flexibility and contractual conditions, which differ in nature from the supplier-customer relationship.
Amendment 487 #
Proposal for a directive
Article 13 – paragraph 3
Article 13 – paragraph 3
3. Member States shall ensure that final customers terminating a fixed term contract with an aggregator before its maturity are not charged any termination fee that exceeds the direct economic loss to the aggregator, including the cost of any bundled investments or services already provided to the final customer as part of the contract. The burden of proof of the direct economic loss shall always be on the aggregator and monitored by the National Regulatory Authority.
Amendment 496 #
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 datat least once a mon supplied and sold electricity at least once per yearth and upon request also in an electronic format.
Amendment 501 #
Proposal for a directive
Article 13 – paragraph 4 a (new)
Article 13 – paragraph 4 a (new)
4a. Member States shall ensure that consumers with a contract with an aggregator: a) have one single point of contact with the aggregator when several services and equipment are involved in the contract; b) can access the mechanism to resolve complaints as set in Article 26 for any complaint relating to their dealings with an aggregator; and c) have a single point of contact to access the dispute resolution mechanism for all services. The rights referred to in this Paragraphs should be provided without fees to the final customer.
Amendment 504 #
Proposal for a directive
Article 13 – paragraph 5
Article 13 – paragraph 5
5. Member States shall ensure that the rights referred to in paragraphs 1, 2, 3, 4 and 4a (new) are granted to final customers in a non- discriminatory manner as regards cost, effort or time.
Amendment 505 #
Proposal for a directive
Article 13 – paragraph 5 a (new)
Article 13 – paragraph 5 a (new)
5a. Member States shall ensure that final customers in a contract with an aggregator do not lose their rights, including the right to switch supplier set in Article 12. This is without prejudice of aggregators receiving information on a change of tariff or supplier, and providing information to the consumer of the risks and opportunities of this new tariff as it relates to their aggregation contracted services. Contracts with an aggregator cannot be terminated by the aggregator for reason of tariff or supplier switch.
Amendment 513 #
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 suppliers 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. Customers should be informed of the availability of such tools and shall cover the whole market for electricity services. The comparison tools shall allow for the comparison of bundled services and shall also display offers by aggregators. Customers should be informed of the availability of such tools and shall be able to easily compare their current contract with offers on the market.
Amendment 522 #
Proposal for a directive
Article 14 – paragraph 2 a (new)
Article 14 – paragraph 2 a (new)
2a. Suppliers, aggregators and relevant intermediaries shall be obliged to provide the information necessary for these tools to run comparisons for final customers.
Amendment 526 #
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 type of energy provided and the services offered by the suppliers as set out in Annex I.
Amendment 527 #
Proposal for a directive
Article 14 – paragraph 4
Article 14 – paragraph 4
4. Any tool comparing the offers of suppliers and aggregators shall be eligible to apply for certification in accordance with this Article on a voluntary and non- discriminatory basis.
Amendment 531 #
Proposal for a directive
Article 15 – paragraph 1 – point a
Article 15 – paragraph 1 – point a
(a) are entitled to generate, store, and consume electricity without using the public grid and sell self-generated electricity in all organised markets, including but not limited to wholesale energy markets, ancillary services markets, capacity mechanisms and retail energy markets, either individually or collectively through aggregators or power purchase agreements, or participate in demand response or energy efficiency schemes without being subject to discriminatory or disproportionately burdensome procedures and charges that are not cost reflective;, obligations and charges.
Amendment 544 #
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 system and network charges, accounting separately for the electricity fed into the grid and the electricity consumed from the grid,which reflect both the cost and benefits deriving to the network from customers’ participation in the market. The calculation of network charges shall be made in accordance with a transparent methodology, based on a cost benefit analysis developed by the National Regulatory Authority in line with Article 59(8).
Amendment 553 #
Proposal for a directive
Article 15 – paragraph 1 – point b a (new)
Article 15 – paragraph 1 – point b a (new)
(ba) are not subject to any charge, fee, or tax related to the electricity they self- consumed without using the public grid;
Amendment 554 #
Proposal for a directive
Article 15 – paragraph 1 – point b b (new)
Article 15 – paragraph 1 – point b b (new)
(bb) maintain their rights as final customers set in this Directive, including the right to switch electricity supplier as set in Article 10 or an aggregator as set in Article 13 of this Directive.
Amendment 562 #
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 or owned by a third party subject to instructions of the active customer for installation, operation, including metering and maintenance.
Amendment 566 #
Proposal for a directive
Article 15 – paragraph 2 a (new)
Article 15 – paragraph 2 a (new)
2a. Member States shall ensure that active customers owning a storage facility: (a) have the right to access the grid within a reasonable time following their request for connection; (b) are not subject to additional taxes, surcharges, and fees for the electricity stored in the storage facility; (c) are distinguished from generators and not subject to related licensing requirements and fees; (d) are allowed to provide several services simultaneously, if technically feasible;
Amendment 575 #
Proposal for a directive
Article 16 – paragraph 1 – point a
Article 16 – paragraph 1 – point a
Amendment 581 #
Proposal for a directive
Article 16 – paragraph 1 – point b
Article 16 – paragraph 1 – point b
(b) canhave full access to all organised markets either directly or through an aggregators or, suppliers in a non-discriminatory manner; or other designated third party in a non-discriminatory manner, on a level playing field with other electricity undertakings.
Amendment 590 #
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 611 #
Proposal for a directive
Article 16 – paragraph 2 – introductory part
Article 16 – paragraph 2 – introductory part
2. Member States shall provide an enabling regulatory framework that ensures that:
Amendment 620 #
Proposal for a directive
Article 16 – paragraph 2 – point a a (new)
Article 16 – paragraph 2 – point a a (new)
(aa) all final customers are entitled to participate in a local energy community;
Amendment 626 #
Proposal for a directive
Article 16 – paragraph 2 – point d
Article 16 – paragraph 2 – point d
(d) Article 8 (3) applies toSpecific authorisation procedures and guidelines under Article 8 (3) are developed for generating capacity installed by localrenewable energy communities, as long as sucha subcategory of local energy communities, including in particular capacity that can be considered small decentralised or distributed generation;.
Amendment 630 #
Proposal for a directive
Article 16 – paragraph 2 – point d a (new)
Article 16 – paragraph 2 – point d a (new)
(da) are entitled to own, establish, or lease community networks and to autonomously manage them;
Amendment 631 #
Proposal for a directive
Article 16 – paragraph 2 – point d b (new)
Article 16 – paragraph 2 – point d b (new)
(db) Member States shall ensure that local energy communities, including in particular in peripheral regions, such as island regions, and in regions of low population density, are entitled to establish, own and lease physical and virtual community networks and to operate them.
Amendment 634 #
Proposal for a directive
Article 16 – paragraph 2 – point e
Article 16 – paragraph 2 – point e
(e) provisions of Chapter IV apply toWhere a local energy communities thaty performs activities of a distribution system operator;, including of a physical community network, provisions of Chapter IV apply.
Amendment 635 #
Proposal for a directive
Article 16 – paragraph 2 – point f
Article 16 – paragraph 2 – point f
(f) where relevant, a local energy community may conclude anthe necessary agreements with a distribution system operator to which their distribution network is connected on the operation of the local energy community's network;
Amendment 639 #
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 community responsible for the community network connected to the distribution network operated by a local energy community shall be subject to fair, non-discriminatory and cost- reflective network charges. If such system users 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 641 #
Proposal for a directive
Article 16 – paragraph 2 – point h
Article 16 – paragraph 2 – point h
(h) where relevant local energy communities are subject to appropriate network charges at the connection points between the community network and the general distribution network outside the energy community. Such network charges shall account separately for the electricity fed into distribution network and the electricity consumed from the distribution network outside the local energy community network in line with Article 59 (8).
Amendment 643 #
Proposal for a directive
Article 16 – paragraph 2 – point h a (new)
Article 16 – paragraph 2 – point h a (new)
(ha) community networks are treated on a level playing field with other resources when distribution system operators are defining and procuring services and market products under Article 31 paragraph 5 and Article 32 paragraph 1.
Amendment 644 #
Proposal for a directive
Article 16 – paragraph 2 a (new)
Article 16 – paragraph 2 a (new)
2a. Member States, through their National Regulatory Authorities, shall: (a) Ensure that local energy communities enjoy unrestricted market access; (b) Periodically review treatments, procedures and charges applied to local energy communities and remove unjustified obstacles or restrictions to their development; (c) Assess the impact of local energy communities on energy markets, on the achievement of environmental policy objectives, and on the social and economic development of local communities, including their contribution towards energy efficiency and alleviating energy poverty. They shall report annually to the Commission and, when restrictions of competition are identified, to national competition authorities in accordance with Article 59 paragraph 1 (n).
Amendment 652 #
Proposal for a directive
Article 17 – paragraph 1
Article 17 – paragraph 1
1. Member States shall ensure that national regulatory authorities encourageguarantee that final customers, including those offering demand response and/or storage through aggregators, are able to participate alongside generators in a non- discriminatory manner in all organised markets and mechanisms including but not limited to, wholesale energy markets, ancillary services markets, capacity mechanisms, retail energy markets and energy communities.
Amendment 662 #
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 alongside generators, on the basis of their technical capabilities.
Amendment 669 #
Proposal for a directive
Article 17 – paragraph 3 – introductory part
Article 17 – paragraph 3 – introductory part
3. Member States shall ensure that their regulatory framework encourages the participation of aggregators in the retail marketall markets and mechanisms and that it contains at least the following elements:
Amendment 672 #
Proposal for a directive
Article 17 – paragraph 3 – point a
Article 17 – paragraph 3 – point a
(a) the right for each aggregator to enter the marketwork with the customer, enter the market, participate and monetise demand response without consent from other market participants;
Amendment 674 #
Proposal for a directive
Article 17 – paragraph 3 – point b
Article 17 – paragraph 3 – point b
(b) non-discriminatory, transparent rules clearly assigning roles and responsibilities to all market participants, including on operational security;
Amendment 676 #
Proposal for a directive
Article 17 – paragraph 3 – point c
Article 17 – paragraph 3 – point c
(c) transparent and proportionate rules and procedures for data exchange between market participants that ensure easy access to data on equal and non-discriminatory terms while fully protecting commercial dataand customers´ personal data, including minimum information requirements for the aggregator, as well as minimum criteria for the protection of commercially sensitive data for all concerned parties;
Amendment 680 #
Proposal for a directive
Article 17 – paragraph 3 – point c a (new)
Article 17 – paragraph 3 – point c a (new)
(ca) transparent and proportionate rules and procedures to compensate market participants for the energy they deliver during the demand response period. The conditions of this compensation shall be defined in the regulatory framework and approved by the regulator. Member States shall ensure that the level of this compensation payment shall not go beyond the price the supplier would have achieved on the contractual basis between the supplier and the consumer for the energy consumed by the consumer.
Amendment 681 #
Proposal for a directive
Article 17 – paragraph 3 – point c b (new)
Article 17 – paragraph 3 – point c b (new)
(cb) Member States may derogate from the principles referred to in paragraph 3 [c and c a new] in specific situations in which the impact of the activity of market participant activity on other market participants is limited and where the compensation referred to in point [c and ca new] of paragraph 3 therefore appears to be disproportionate.
Amendment 693 #
Proposal for a directive
Article 17 – paragraph 3 – point d
Article 17 – paragraph 3 – point d
(d) aggregators shall not be required to pay compensation to suppliers or generators for the load curtailed;
Amendment 694 #
Proposal for a directive
Article 17 – paragraph 3 – point e a (new)
Article 17 – paragraph 3 – point e a (new)
(ea) obligation for an aggregator to inform the national Regulatory Authority or any other competent authority about their plan to enter the market;
Amendment 701 #
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 betweenthe aggregators an should balancways be responsible parties. Such compensation payments must be lifor the balancing of the volumes he has committed to situations where one market participant induces imbalances to another market participant resulting in a financial costand delivers during the activation of demand response activities.
Amendment 709 #
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 organised 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 , inter alia through consumer bodies, 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. Member States shall ensure that electricity service providers, aggregators and relevant intermediaries inform the final customers whether final customers have the right conditions, including the right products and systems in their premises, to achieve benefits from any product or services offered to them in relation to the access to all organised markets. Member States, through their National Regulatory Authority and Consumer Protection Authorities, shall monitor and report annually about the participation of different consumer groups in demand response, and any other energy market, and about the impact of such participation on them. Member States shall modify protections where needed. Member States shall put in place incentives so that investments in energy management enabling technologies are affordable and accessible to all final customers, including low income households. Member States shall promote compatibility and interoperability between different software and hardware elements of energy management systems in order to avoid lock in effect.
Amendment 730 #
Proposal for a directive
Article 18 – paragraph 1
Article 18 – paragraph 1
1. Member States shall ensure that bills provided by suppliers 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.
Amendment 736 #
Proposal for a directive
Article 18 – paragraph 2
Article 18 – paragraph 2
2. Member States shall ensure that final customers receive all their bills and billing information for electricity consumption free of charge and that bills are clear, accurate and easy to understand.
Amendment 740 #
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 and consumption information shall be made available at least once every three months, upon request or where the final customers have opted to receive electronic billing or else twice a yearby their supplier at least once a month.
Amendment 748 #
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 readings by the operator or by voluntary 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. The estimated consumption shall be based on the previous year consumption and/or on the consumption of a comparable final customer.
Amendment 774 #
Proposal for a directive
Article 18 – paragraph 8
Article 18 – paragraph 8
8. Member States shall require that information and estimates for electricity costs are provided to final customers on demand in a timely manner and in an easily understandable format. If the contract includes a future change of product or price or a discount, this should be indicated on the bill together with the date when the change takes place.
Amendment 787 #
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 or smart grids, where appropriate.
Amendment 792 #
Proposal for a directive
Article 19 – paragraph 3
Article 19 – paragraph 3
3. Member States that proceed with 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 interoperability of these smart metering systems as well as their connectivity with consumer energy management platforms as well as platforms for the use of smart home or connected products and devices. 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 the internal market in electricity.
Amendment 793 #
Proposal for a directive
Article 19 – paragraph 3 a (new)
Article 19 – paragraph 3 a (new)
3a. Electric and hybrid vehicles shall be equipped with individual on-board smart meters in order to allow accounting for the electricity consumption or return to the grid as appropriate. The collection of data from the connected vehicles shall be anonymous, in accordance with the EU data protection framework.
Amendment 799 #
Proposal for a directive
Article 19 – paragraph 4 a (new)
Article 19 – paragraph 4 a (new)
4a. Member States through National Regulatory Authorities and in consultation with consumer bodies and other relevant organisations, shall develop guidelines for the provision of clear and understandable information and advice to final customers about the link between smart meters, new contracts and services by aggregators and the changes in the energy system, tailor-made to different customer segments.
Amendment 822 #
Proposal for a directive
Article 20 – paragraph 1 – point f
Article 20 – paragraph 1 – point f
(f) appropriate advice and information shall be given to final customers at the time ofbefore the installation of smart meters, in particular about their full potential with regard to meter reading management and the monitoring of energy consumption, and on the collection and processing of personal data in accordance with the applicable Union data protection legislation;
Amendment 830 #
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 832 #
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, energy management services and demand response activities. It shall include historical interval data, real-time data, settlement data, and standing data. 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. Final customers shall be able to easily verify who has access to their data. Controllers of the customer’s data shall at request provide the customer with an overview of who has access to and who uses the 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 836 #
Proposal for a directive
Article 23 – paragraph 2
Article 23 – paragraph 2
2. Member States shall organise the secure management of data in order to ensure efficient data access and exchange, employing encryption and the best available cyber security measures. 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 839 #
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 requesting a transfer 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 855 #
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 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. The development of universally standardised approaches for automatic device identification and authentication shall underline the data format. Member States shall ensure that market participants apply a common European data format.
Amendment 870 #
Proposal for a directive
Article 26 – paragraph 1
Article 26 – paragraph 1
Member States shall ensure that . customers 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 through an independent mechanism such as an energy ombudsman or a consumer body is in place to ensure efficient treatment of complaints and out of court dispute settlements. Those mechanisms shall be able to address all consumer complaints, in particular household costumers is an the energy market, including on bundled offers, new products and services providers such as aggregators and local energy communities. Where the customer is an active consumer or consumer within the meaning of Directive 2013/11/EU of the European Parliament and of the Council46 [1], such out-of-court mechanisms shall comply with the quality requirements established in Directive 2013/11/EU and provide, where warranted, for a system of reimbursement and/or compensation defined by the regulator and the ombudsman or consumer body. Those mechanisms shall be extended to all energy service providers and all contracts with energy components, including bundled offers and contracts with aggregators and local energy communities. __________________ 46 OJ L 165, 18.6.2013, p. 63–79
Amendment 874 #
Proposal for a directive
Article 27 – paragraph 1
Article 27 – paragraph 1
Amendment 876 #
Proposal for a directive
Article 28 – paragraph 1
Article 28 – paragraph 1
1. . Member States shall take appropriate measures to protect customers and shall, in particular, ensure that there are adequate safeguards to protect vulnerable household customers. In this context, each Member State shall define the concept of vulnerable customers which may refer to energy poverty and, inter alia, to the prohibition of disconnection of electricity to such customers in critical times.shall herewith be defined as: "The inability of a household to maintain an adequate energy supply so as to guarantee basic levels of comfort and health, owing to a combination of low income, high energy prices and low quality housing stock." Member States shall ensure that rights and obligations linked to vulnerable customers are applied. I, in particular, they the prohibition of disconnection of electricity to such customers in critical times, as during cold spells or heat waves, and to receive supply from a supplier of last resort in accordance with Article 27. Further, Member States 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. Disconnection shall be prohibited until the dispute between the supplier and the customer is settled.
Amendment 882 #
Proposal for a directive
Article 28 – paragraph 1 a (new)
Article 28 – paragraph 1 a (new)
1a. Member State that have less than 10% of their population being concerned by energy poverty, as defined in this Article, are exempted from complying with the provisions related to Article 7a, paragraph 5 and Article 7b, paragraph 2 from the [Energy Efficiency Directive] and the relevant provisions of the [Energy Performance of Buildings Directive].
Amendment 883 #
Proposal for a directive
Article 28 – paragraph 2
Article 28 – paragraph 2
2. Member States shall take appropriate measures, such as formulating national energy action plans, providing benefits in social security systems to ensure the necessary electricity supply to vulnerable customers, or providing for support for energy efficiency improvements and the ability to benefit from access to affordable renewable energy through participation in a local energy community taking into account the assessment undertaken pursuant to Section A.3.1.2 of Annex I of [Governance Regulation COM(2016)759], to address energy poverty where identified, including in the broader context of poverty. Such measures shall not impede the effective opening of the market set out in Article 4 or market functioning and shall be notified to the Commission, where relevant, in accordance with the provisions of Article 9(4) . Such notification may also include measures taken within the general social security system.
Amendment 894 #
Proposal for a directive
Article 29 – paragraph 1
Article 29 – paragraph 1
Member States shall define a set of criteria for the purposes of measuring energy poverty. Member States analyse if household customers are sufficiently protected and modify protections where needed and shall continuously monitor the number of households in energy poverty and shall report on the evolution of energy poverty and measures taken to prevent it 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 898 #
Proposal for a directive
Article 29 – paragraph 1 a (new)
Article 29 – paragraph 1 a (new)
The Commission, acting together with Eurostat and the Member States, should improve the comparability of datasets so that these become comparable across Member States within two years after this Directive comes into force.
Amendment 903 #
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, the methodology of which shall be developed in a transparent manner by the National Regulatory Authority in line with Article 59 paragraph 1(c), 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 and local energy communities, in particular by requiring regulatory authorities or, in close cooperation with distribution system operators in close cooperationand with all other 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 916 #
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 enablsure distribution system operators to procure services from resources such as distributed generation, demand response or storage and consider energy efficiency measuresmeasures/demand side management, 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.
Amendment 917 #
Proposal for a directive
Article 32 – paragraph 1 – subparagraph 2
Article 32 – paragraph 1 – subparagraph 2
Amendment 924 #
Proposal for a directive
Article 32 – paragraph 2 – subparagraph 1
Article 32 – paragraph 2 – subparagraph 1
The development of a distribution system shall be based on a transparent network development plan that distribution system operators shall submit every two years to the regulatory authority. In developing the network development plan, the distribution system operator shall involve, including through consultation, all current or potential system users. The network development plan shall contain the planned investments for the next five to ten years, with particular emphasis on the main distribution infrastructure taking into account the service procurement of energy efficiency, demand response and storage, which is required in order to connect new generation capacity and new loads including re- charging points for electric vehicles. The network development plan shall alsotherefore demonstrate the use of demand response, energy efficiency, energy storage facilities or other distributed energy resources that distribution system operator is using as an alternative to system expansion including how it is implementing an efficiency first approach. In addition, the network development plan shall include specific measures for how distribution system operators intend to engage and provide transparency for active consumers and local energy communities that want to access the network.
Amendment 936 #
Proposal for a directive
Article 32 – paragraph 2 – subparagraph 3
Article 32 – paragraph 2 – subparagraph 3
Amendment 938 #
Proposal for a directive
Article 33 – paragraph 1
Article 33 – paragraph 1
1. Member States shall provide the necessary regulatory framework to facilitate and promote the connection of publicly accessible and private recharging points to the distribution networks. Member States shall ensure that distribution system operators cooperate on a non- discriminatory basis with any undertaking that owns, develops, operates or manages recharging points for electric vehicles, including with regard to connection to the grid. With the objective to reach a critical mass of recharging points in the public domain, ensure territorial cohesion and allow to quick- start a sufficient availability of recharging points, Member States may mandate DSOs to own, develop, manage and operate recharging points. The electricity sold in these recharging points shall be procured in an open, transparent and competitive manner and shall be from new additional renewables generation capacity. All costs incurred by DSOs in performing this task should be recovered through network tariffs under supervision of the National Regulatory Authority
Amendment 942 #
Proposal for a directive
Article 33 – paragraph 1 a (new)
Article 33 – paragraph 1 a (new)
1a. Member States may mandate DSOs to own, develop, manage and operate a minimal critical mass of charging stations in the public domain, which allows to quick-start sufficient availability of charging points. The electricity sold in these charging stations shall be tendered in an open, transparent and competitive manner and shall be from additional renewables electricity generation.
Amendment 948 #
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 952 #
Proposal for a directive
Article 33 – paragraph 2 – point a a (new)
Article 33 – paragraph 2 – point a a (new)
(aa) technical incompatibility between various private market actors hinders the uptake of e-mobility;
Amendment 965 #
Proposal for a directive
Article 33 – paragraph 4
Article 33 – paragraph 4
4. Member States shall perform at regular intervals or at least every fiveour years a public consultation in order to re- assess the potential interest of market parties to own, develop, operate or manage 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 968 #
Proposal for a directive
Article 34 – paragraph 1
Article 34 – paragraph 1
Member States shall ensure that all eligible parties have non-discriminatory access to data under clear and equal terms. In Member States where smart metering systems have been implemented according to Article 19 and distribution system operators are involved in data management, compliance programmes as set in Article 35(2)(d) shall include specific measures in order to exclude discriminatory access to data from eligible parties as provided for in Article 23. Where distribution system operators are not subject to Article 35(1), (2) and (3), Member States shall take all necessary measures to ensure that the vertically integrated undertaking do not have privileged access to data for the conduct of its supply activityensure that alternative data management models are implemented, where management of data is done by different parties and actors.
Amendment 969 #
Proposal for a directive
Article 35 – paragraph 1
Article 35 – paragraph 1
1. Where the distribution system operator is part of a vertically integrated undertaking, it shall be independent at least financially, in terms of its legal form, organisation and decision making from other activities not relating to distribution. Those rules shall notmay create an obligation to separate the ownership of assets of the distribution system operator from the vertically integrated undertaking.
Amendment 970 #
Proposal for a directive
Article 35 – paragraph 2 – introductory part
Article 35 – paragraph 2 – introductory part
2. In addition to the requirements under paragraph 1, where the distribution system operator is part of a vertically integrated undertaking, it shall be independent financially, in terms of its organisation and decision-making from the other activities not related to distribution. In order to achieve this, the following minimum criteria shall apply:
Amendment 971 #
Proposal for a directive
Article 35 – paragraph 2 – point c
Article 35 – paragraph 2 – point c
(c) the distribution system operator must have effective decision-making rights, independent from the integrated electricity undertaking, with respect to assets necessary to operate, maintain or develop the network. In order to fulfil those tasks, the distribution system operator shall have at its disposal the necessary resources including human, technical, physical and financial resources. This should not prevent the existence of appropriate coordination mechanisms to ensure that the economic and management supervision rights of the parent company in respect of reasonable return on assets, regulated indirectly in accordance with Article 59(6), in a subsidiary are protected. In order to protect consumers, a reasonable dividend distribution cannot exceed 33% of the net result of the distribution system operator. In particular, this shall enable the parent company to approve the annual financial plan, or any equivalent instrument, of the distribution system operator and to set global limits on the levels of indebtedness of its subsidiary, given that DSO obligations and responsibilities can be achieved. It shall not permit the parent company to give instructions regarding day-to-day operations, including treasury management, nor with respect to individual decisions concerning the construction or upgrading of distribution lines, that do not exceed the termsimplementation of the approved financial plan, or any equivalent instrument; and
Amendment 972 #
Proposal for a directive
Article 35 – paragraph 3
Article 35 – paragraph 3
3. Where the distribution system operator is part of a vertically integrated undertaking, the Member States shall ensure that the activities of the distribution system operator are monitored by regulatory authorities or other competent bodies so that it cannot take advantage of its vertical integration to distort competition, including by way of unreasonable return on assets over the subsidiary. In particular, vertically integrated distribution system operators shall not, in their communication and branding, create confusion in respect of the separate identity of the supply branch of the vertically integrated undertaking.
Amendment 973 #
Proposal for a directive
Article 35 – paragraph 4
Article 35 – paragraph 4
4. Member States may decide not to apply specific provisions or all of paragraphs 1, and 2 and 3 to integrated electricity undertakings serving less than 100000 connected customers, or serving small isolated systems.
Amendment 1006 #
Proposal for a directive
Article 38 – paragraph 1 – introductory part
Article 38 – paragraph 1 – introductory part
1. Member States mayshall provide for national regulatory authorities or other competent authorities to classify a system which distributes electricity within a geographically confined industrial, commercial or shared services site and does not, without prejudice to paragraph 4, supply household customers, as a closed distribution system if:
Amendment 1009 #
Proposal for a directive
Article 40 – paragraph 1 – point a
Article 40 – paragraph 1 – point a
(a) ensuring the long-term ability of the system to uptake increasing levels of electricity produced from renewable sources, meet reasonable demands for the transmission of electricity, operating, maintaining and developing under economic conditions secure, reliable and efficient transmission systems with due regard to the environment , and energy efficiency in close cooperation with neighbouring transmission system operators and distribution system operators ;
Amendment 1010 #
Proposal for a directive
Article 40 – paragraph 1 – point c
Article 40 – paragraph 1 – point c
(c) contributing to security of supply through adequate transmission capacity and system reliability; , in particular, regulatory frameworks shall require and/ or provide incentives for transmission system operators to achieve these objectives through investments in innovative solutions such as distributed generation, demand response or storage and energy efficiency/demand side management measures, which may supplant the need to upgrade or replace electricity capacity and which support the efficient and secure operation of the transmission system;
Amendment 1021 #
Proposal for a directive
Article 40 – paragraph 1 – point j
Article 40 – paragraph 1 – point j
(j) cooperating with the Agency, regional operational centres and the ENTSO for electricity on the adoptingon of a framework for the cooperation and coordination between regional operational centres.
Amendment 1057 #
Proposal for a directive
Article 51 – paragraph 1
Article 51 – paragraph 1
1. At least every two years, transmission system operators shall submit to the regulatory authority a ten-year network development plan based on existing and forecast supply and demand after having consulted all the relevant stakeholders. That network development plan shall contain efficient measures and include the procurement of services provided by demand response, energy storage facilities or other resources that the transmission system operator is using as an alternative to system expansion in order to guarantee the adequacy of the system and the security of supply.
Amendment 1060 #
Proposal for a directive
Article 51 – paragraph 2 – point a a (new)
Article 51 – paragraph 2 – point a a (new)
(aa) set out the level of overall system flexibility that will be required to deliver Union-wide climate and energy targets at least cost through ensuring efficient utilisation of renewable generation assets using common methodology developed by ENTSO-E;
Amendment 1062 #
Proposal for a directive
Article 51 – paragraph 2 – point a b (new)
Article 51 – paragraph 2 – point a b (new)
(ab) establish a target and trajectory for the minimum demand side response capacity required to ensure system flexibility at least cost in line with definitions defined by ENTSO-E;
Amendment 1064 #
Proposal for a directive
Article 51 – paragraph 2 – point b
Article 51 – paragraph 2 – point b
(b) contain all the investments already decided and identify new investments which have to be executed in the next three years including those relating to overall system flexibility and demand response in particular; and
Amendment 1065 #
Proposal for a directive
Article 51 – paragraph 3
Article 51 – paragraph 3
3. When elaborating the ten-year network development plan, the transmission system operator shall make reasonable assumptions about the evolution of the generation, supply, energy storage, demand response, consumption and exchanges with other countries, taking into account investment plans for regional and Union -wide networks.
Amendment 1068 #
Proposal for a directive
Article 51 – paragraph 5
Article 51 – paragraph 5
5. The regulatory authority shall examine whether the ten-year network development plan covers all investment needs identified during the consultation process, and whether it is consistent with the non-binding Union -wide ten-year network development plan ( Union -wide network development plan) referred to in [Article 27(1)(b) of recast of Regulation 714/2009 as proposed by COM(2016)861/2]and the Union-wide climate and energy targets. If any doubt arises as to the consistency with the Union - wide network development plan or climate and energy targets, the regulatory authority shall consult the Agency. The regulatory authority may require the transmission system operator to amend its ten-year network development plan.
Amendment 1071 #
Proposal for a directive
Article 51 – paragraph 6
Article 51 – paragraph 6
6. The regulatory authority shall monitor and evaluate the implementation of the ten-year network development plan. In particular, the regulatory authority shall monitor and evaluate the development of overall system flexibility and report annually on progress in reaching the demand response target and trajectory set in Article 51(1)(a b).
Amendment 1072 #
Proposal for a directive
Article 51 – paragraph 7 – subparagraph 1 – introductory part
Article 51 – paragraph 7 – subparagraph 1 – introductory part
In circumstances where the transmission system operator, other than for overriding reasons beyond its control, does not execute an investment, which, under the ten-year network development plan, was to be executed in the following three years, or identifies a deficiency in the level of system flexibility and, in particular, demand response, Member States shall ensure that the regulatory authority is required to take at least one of the following measures to ensure that the investment in question is made if such investment is still relevant on the basis of the most recent ten-year network development plan: , or to ensure that the level of system flexibility required, and in particular demand response capacity, is met:
Amendment 1075 #
Proposal for a directive
Article 51 – paragraph 7 – subparagraph 1 – point b
Article 51 – paragraph 7 – subparagraph 1 – point b
(b) to organise a tender procedure open to any investors for the investment in question; or
Amendment 1076 #
Proposal for a directive
Article 51 – paragraph 7 – subparagraph 1 – point c
Article 51 – paragraph 7 – subparagraph 1 – point c
(c) to oblige the transmission system operator to accept a capital increase to finance the necessary investments and allow independent investors to participate in the capital., or
Amendment 1079 #
Proposal for a directive
Article 51 – paragraph 7 – subparagraph 1 – point c a (new)
Article 51 – paragraph 7 – subparagraph 1 – point c a (new)
(ca) to place an obligation on the transmission system operator, distribution system operators or energy suppliers to procure the necessary level of system flexibility and demand response.
Amendment 1080 #
Proposal for a directive
Article 52 – paragraph 4 – point c
Article 52 – paragraph 4 – point c
(c) upon a reasoned request from the Commission, notably inconformity with the [European framework for screening of foreign direct investments].
Amendment 1126 #
Proposal for a directive
Article 54 – paragraph 4
Article 54 – paragraph 4
4. The transmission system operator shall perform at regular intervals or at least every five years a public consultation for the required storage ancillary and services in order to assess the potential interest of market parties to invest in such facilities and terminate its own ancillary service and storage activities in case third parties can provide the service in a cost-effective manner.
Amendment 1129 #
Proposal for a directive
Article 57 – paragraph 5 – subparagraph 1 – point a a (new)
Article 57 – paragraph 5 – subparagraph 1 – point a a (new)
(aa) Every 3 years the Commission shall present a report to the European Parliament and the Council on national authorities´ compliance with the principle of independence, pursuant to this Article.
Amendment 1132 #
Proposal for a directive
Article 58 – paragraph 1 – point e
Article 58 – paragraph 1 – point e
(e) facilitating access to the network for new generation capacity and energy storage facilities , in particular removing barriers that could prevent access for new market entrants, including active customers and local energy communities, in particular removing barriers that could prevent access for new market entrants and of electricity from renewable energy sources;
Amendment 1135 #
Proposal for a directive
Article 58 – paragraph 1 – point g
Article 58 – paragraph 1 – point g
(g) ensuring that customers benefit through the efficient functioning of their national market, promoting effective competition and helping to ensure and their participation therein is not restricted, promoting effective competition and to guarantee consumer protection in close cooperation with relevant consumer protection authorities;
Amendment 1140 #
Proposal for a directive
Article 58 – paragraph 1 – point g a (new)
Article 58 – paragraph 1 – point g a (new)
(ga) ensuring customers benefit from the efficient functioning of national markets overlapping with other electricity markets, and where cross-sectorial issues arise, clarifying competencies among regulators and authorities to find cost- efficient solutions;
Amendment 1141 #
Proposal for a directive
Article 58 – paragraph 1 a (new)
Article 58 – paragraph 1 a (new)
To ensure meeting their objectives in a way that protects the interest of consumers, National Regulatory Authorities should closely consult and cooperate with all relevant consumer bodies to understand consumers’ interest and preferences.
Amendment 1143 #
Proposal for a directive
Article 59 – paragraph 1 – point a
Article 59 – paragraph 1 – point a
(a) fixing or approving, in accordance with transparent criteria, and publish transmission orand distribution tariffs and, their methodologies and their assumptions;
Amendment 1152 #
Proposal for a directive
Article 59 – paragraph 1 – point k
Article 59 – paragraph 1 – point k
(k) details measuring the performance of the transmission system operators and distribution system operatorTSOs and DSOs in relation to the development of a smart grid that promotes energy efficiency and the integration of energy from renewable sourcesRES based on a limited set of Union- wide indicators, and publish a national report every 2 years, including recommendations for improvement where necessary;which should at least include:
Amendment 1153 #
Proposal for a directive
Article 59 – paragraph 1 – point k a (new)
Article 59 – paragraph 1 – point k a (new)
Amendment 1155 #
Proposal for a directive
Article 59 – paragraph 1 – point n
Article 59 – paragraph 1 – point n
(n) actively 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, switching rates, disconnection rates, charges for and the execution of maintenance services, andand dynamic price contracts, price spikes and their impact on retail and consumer prices, switching rates, including collective switching, disconnection rates, charges for and the execution of maintenance services, number of final customers in contracts with aggregators, barriers to the exercise of the activities listed in Article 15 (1)(a), and acting on 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 or consumer authorities; share of energy efficiency measures (under Article 7a and 7b of the Energy Efficiency Directive) implemented as a priority in households affected by energy poverty and in social housing;
Amendment 1174 #
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 household customers to contract with an aggregator or other electricity service provider, or 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, consumer or other relevant authorities of such practices;
Amendment 1178 #
Proposal for a directive
Article 59 – paragraph 1 – point o a (new)
Article 59 – paragraph 1 – point o a (new)
(oa) monitoring and reporting on consumer participation, and the availability and potential of flexibility, in the energy system
Amendment 1179 #
Proposal for a directive
Article 59 – paragraph 1 – point o b (new)
Article 59 – paragraph 1 – point o b (new)
(ob) ensure that at least one independent comparison tool is available to and accessible for all customers, including those without internet access, allowing customers to assess whether different offers and contracts are suitable and beneficial to them, including bundled offers, price dynamic contracts and offers by aggregators; exchanging best practices at EU level
Amendment 1182 #
Proposal for a directive
Article 59 – paragraph 1 – point q
Article 59 – paragraph 1 – point q
(q) helping to ensure, together with other relevant authorities, that the new and existing consumer protection measures, including rights of active customers, are effective and enforced;
Amendment 1184 #
Proposal for a directive
Article 59 – paragraph 1 – point r a (new)
Article 59 – paragraph 1 – point r a (new)
(ra) set minimum binding requirements for offers to be labelled as ‘green electricity’ contracts, based on the ability of suppliers to substantiate the additionality of the contract by showing how consumers’ money is used to increase installed capacity of renewable power plants beyond what would otherwise be installed;
Amendment 1188 #
Proposal for a directive
Article 59 – paragraph 1 – point x a (new)
Article 59 – paragraph 1 – point x a (new)
(xa) monitoring the dealings of active consumers (as per Article 15 of this Directive) and renewable self- consumption (as per Article 22 of (recast) [Renewable Energy Directive], including how many consumers and groups of consumers have generation and/or storage installed in their premises, how easy is to access information and advice for them or those wishing to install generation or storage, level of fees and charges for the electricity self-consumed and for the electricity fed into the grid, level of remuneration of electricity fed into the grid, proportion of energy self- consumed, fed into the grid and consumed from the grid
Amendment 1189 #
Proposal for a directive
Article 59 – paragraph 1 – point x b (new)
Article 59 – paragraph 1 – point x b (new)
(xb) monitor market access for local energy communities (as per Article 16 of this Directive), including the number of existing local energy communities, economic, competitive and regulatory barriers that prevent market access or participation in different activities, their equal treatment, their impact on competition and consumer protection, and the benefits they provide, including to vulnerable consumers and households experiencing energy poverty.
Amendment 1193 #
Proposal for a directive
Article 59 – paragraph 3 – point d
Article 59 – paragraph 3 – point d
(d) to impose effective, proportionate and dissuasive penalties on electricity undertakings not complying with their obligations under this DirectiveUnion legislation or any relevant legally binding decisions of the regulatory authority or of the Agency, or to propose that a competent court impose such penalties. This shall include the power to impose or propose the imposition of penalties of up to 10 % of the annual turnover of the transmission system operator on the transmission system operator or of up to 10 % of the annual turnover of the vertically integrated undertaking on the vertically integrated undertaking, as the case may be, for non- compliance with their respective obligations pursuant to this Directive; and
Amendment 1194 #
Proposal for a directive
Article 59 – paragraph 5 – point h a (new)
Article 59 – paragraph 5 – point h a (new)
(ha) to monitor the cooperation between the transmission system operator and regional operational centres so as to ensure compliance of transmission system operators with their obligations
Amendment 1197 #
Proposal for a directive
Article 59 – paragraph new8
Article 59 – paragraph new8
8. With a view to increasing transparency in the market and provide to all interested parties all necessary information, decisions or proposals for a decision concerning transmission and distribution tariffs as referred in Article 60(3), regulatory authorities shall make available topublish in an accessible manner for all citizens and market parties the detailed methodology and underlying costassumptions used for the calculation of the relevant network tariffs. Such methodology shall ensure that environmental, social and economic benefits deriving from customers’ activities are reflected in network tariffs. The methodology shall include a cost benefit analysis of locational benefits and costs of distributed energy resources located on the distribution system, including reductions or increases in local generation capacity needs, avoided or increased investments in distribution infrastructure, safety benefits, reliability benefits, and any other savings the distributed energy resources provide to the grid or costs to final customers. The methodology shall include a cost-benefit analysis, based on open and participatory procedure, aiming at identifying the value added by active final customers to the grid, and the contribution of distributed energy resources to objectives of general interest
Amendment 1202 #
Proposal for a directive
Article 59 – paragraph 9 a (new)
Article 59 – paragraph 9 a (new)
9a. National Regulatory Agencies should closely consult and cooperate with all relevant consumer representative bodies to ensure consumers' input in the decision-making.
Amendment 1203 #
Proposal for a directive
Article 60 – paragraph 2
Article 60 – paragraph 2
2. Any party having a complaint against a transmission or distribution system operator in relation to that operator’s obligations under this DirectiveUnion legislation may refer the complaint to the regulatory authority which, acting as dispute settlement authority, shall issue a decision within a period of two months after receipt of the complaint. That period may be extended by two months where additional information is sought by the regulatory authority. That extended period may be further extended with the agreement of the complainant. The regulatory authority’s decision shall have binding effect unless and until overruled on appeal.
Amendment 1204 #
Proposal for a directive
Article 61 – paragraph 1
Article 61 – paragraph 1
1. Regulatory authorities shall closely consult and cooperate with each other, in particular within the respective regional subgroupings of the Agency, and shall provide each other and the Agency with any information necessary for the fulfilment of their tasks under this Directive. In respect of the information exchanged, the receiving authority shall ensure the same level of confidentiality as that required of the originating authority.
Amendment 1212 #
Proposal for a directive
Article 62 – paragraph 1 – point a
Article 62 – paragraph 1 – point a
Amendment 1218 #
Proposal for a directive
Article 62 – paragraph 1 – point b
Article 62 – paragraph 1 – point b
(b) approve the annual budget referred to in Article 40(3)(c) [recast of Regulation as proposed by COM (2016)861/2];
Amendment 1219 #
Proposal for a directive
Article 62 – paragraph 1 – point c
Article 62 – paragraph 1 – point c
Amendment 1225 #
Proposal for a directive
Article 62 – paragraph 1 – point d
Article 62 – paragraph 1 – point d
(d) assess ifensure the regional operational centre has the appropriate competences, resources and impartiality to carry out independently the functions and tasks assigned to it independently and in the interest of the system and market operation of the region over the interests of any single entity, including security, liability and contingency arrangements;
Amendment 1232 #
Proposal for a directive
Article 62 – paragraph 2 – point a
Article 62 – paragraph 2 – point a
(a) to deliver a decision to request information from regional operational centres;
Amendment 1234 #
Proposal for a directive
Article 62 – paragraph 2 – point b
Article 62 – paragraph 2 – point b
(b) to carry out inspections, including unannounced inspections, at the premises of regional operational centres and investigations;
Amendment 1236 #
Proposal for a directive
Article 62 – paragraph 2 – point c
Article 62 – paragraph 2 – point c
(c) to issue joint binding decisions on regional operational centresand to impose joint effective, proportionate and dissuasive penalties on regional operational centres not complying with their obligations under EU law or any relevant legally binding decision of the regional regulatory authorities or of the Agency.
Amendment 1238 #
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 regional operational centres or between any transmission system operators and regional operational centres
Amendment 1241 #
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 1242 #
Proposal for a directive
Article 62 – paragraph 2 – point c c (new)
Article 62 – paragraph 2 – point c c (new)
(cc) Regulatory authorities shall cooperate and consult with each other and with the Agency, and shall provide each other and the Agency with any information necessary for the fulfilment of their tasks under this Article. The regional regulatory authorities of the geographical area where a regional operational centre is established may establish appropriate forms of cooperation in order to ensure effective and efficient investigations and to contribute to a coherent and consistent approach to investigation, judicial proceedings and to the enforcement of the obligations of regional operational centres under relevant Union legislation
Amendment 1250 #
Proposal for a directive
Article 69 – paragraph 1
Article 69 – paragraph 1
The Commission shall monitor and review the application of this Directive, with special attention to new players in Articles 13, 15 and 16, 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.
Amendment 1252 #
Proposal for a directive
Annex I – paragraph 1 – point b
Annex I – paragraph 1 – point b
(b) clearly disclose their owners and the natural or legal person operating the tool as well as information on how the tools are financed;
Amendment 1258 #
Proposal for a directive
Annex I – paragraph 1 – point e
Annex I – paragraph 1 – point e
(e) provide accurate and up-to-date information on: – the tariff and breakdown in terms of taxes, levies, fees and charges contained in the energy tariff; – the percentage share of energy sources used for the overall energy mix over the preceding year; – the exact nature of an advertised ´Green tariff’ searchable according to their level of additionality; – information on the environmental impact of the energy mix, in terms of CO2 emissions and radioactive waste resulting from the electricity produced by the overall fuel mix of the supplier over the preceding year; – quality of service, complaint- handling procedures, level of consumer satisfaction or misleading practices; – exceptional conditions of offers, including temporary discounts or planned increase during the contract duration – include dynamic contracts and offers provided by aggregators based on best information available about future prices and a possible price range; and state the time of the last update;
Amendment 1260 #
Proposal for a directive
Annex I – paragraph 1 – point f
Annex I – paragraph 1 – point f
(f) include an as complete a range of electricity offers as practicable covering a significant part of the market and, where the information presented is not a complete overview of the market, a clear statement to that effect, before displaying results; and
Amendment 1266 #
Proposal for a directive
Annex I – paragraph 1 – point g
Annex I – paragraph 1 – point g
(g) provide an effective procedure to report incorrect information on published offers. and
Amendment 1267 #
Proposal for a directive
Annex I – paragraph 1 – point g a (new)
Annex I – paragraph 1 – point g a (new)
(ga) allow consumers to perform comparisons without having to submit personal information
Amendment 1282 #
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; , when payment is due; and, where possible, the breakdown of price;
Amendment 1293 #
Proposal for a directive
Annex II – point 1 – paragraph 2 – point e
Annex II – point 1 – paragraph 2 – point e
(e) the tariff or service name;
Amendment 1297 #
Proposal for a directive
Annex II – point 1 – paragraph 2 – point h
Annex II – point 1 – paragraph 2 – point h
(h) information on the complaint handling process and their rights as regards switching and the means of dispute settlement available to them in the event of a dispute pursuant to Article 26.
Amendment 1311 #
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) payment methods available to final customer
Amendment 1313 #
Proposal for a directive
Annex II – point 1 – paragraph 3 – point c b (new)
Annex II – point 1 – paragraph 3 – point c b (new)
(cb) information about the type of data used for issuing the bill and the periodical settlement bill (meter reading by the Distribution System Operator, self- reading by the final customer or billing based on estimated consumption
Amendment 1314 #
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 customershousehold customers as well as once a year an evaluation describing which of the provided tariffs would be most advantageous for the consumer, if the consumption pattern of the previous year is repeated in the coming year in, with or signposted to within, their bills and periodical settlement bills.
Amendment 1326 #
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 way, 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 1331 #
Proposal for a directive
Annex II – point 4 – paragraph 2 – point c
Annex II – point 4 – paragraph 2 – point c
(c) as a minimum the reference to existing reference sources, such as web pages, where information on the environmental impact, in terms of at least CO2 emissions and the radioactive waste resulting from the electricity produced by the overall fuel mix of the supplier over the preceding year is publicly available;
Amendment 1337 #
Proposal for a directive
Annex II – point 4 – paragraph 5 a (new)
Annex II – point 4 – paragraph 5 a (new)
Disclosure of information on additionality of “green tariffs” Suppliers shall specify once a year in bills: Final consumers on a ‘Green’ tariffs shall receive information on the additionality of the tariff over the preceding year. This should demonstrate how consumers’ money is used to increase installed capacity or generation of renewable power plants beyond what would otherwise be installed. National Authorities shall provide a template layout for suppliers, building on the printed version that should be published with customers’ bills.