Activities of Carolina PUNSET related to 2016/0380(COD)
Shadow opinions (1)
OPINION on a proposal for a directive of the European Parliament and of the Council on common rules for the internal market in electricity (recast)
Amendments (113)
Amendment 43 #
Proposal for a directive
Recital 11 a (new)
Recital 11 a (new)
(11a) Interconnections between Member States should be promoted as they facilitate the integration of electricity from renewable energy sources, smooth out variability, reduce balancing costs and encourage competition.
Amendment 44 #
Proposal for a directive
Recital 11 b (new)
Recital 11 b (new)
(11b) The European Council of 23 and 24 October 2014 decided that the European Commission, supported by the Member States, will take urgent measures in order to ensure the achievement of a minimum target of 10% of existing electricity interconnections, as a matter of urgency, and no later than 2020; at least for Member States which have not yet attained a minimum level of integration in the internal energy market, and for Member States which constitute their main point of access to the internal energy market.
Amendment 62 #
Proposal for a directive
Recital 23
Recital 23
(23) Independent comparison tools including websites are an effective means for 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. 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 customer a representative overview. For offers of renewable energy, easily accessible and understandable information on suppliers, sources of renewable energy and guarantees of origin should be provided. These tools should also inform customers in a transparent manner if the energy comes from a non-renewable source. It is crucial that the information given on such tools be trustworthy, impartial and transparent.
Amendment 65 #
Proposal for a directive
Recital 26
Recital 26
(26) All customer groups (industrial, agricultural, commercial and households) should have access to the energy markets to trade their flexibility and self-generated electricity. Customers should be allowed to make full use of the advantages of aggregation of production and supply over larger regions and benefit from cross- border competition. Aggregators are likely to play an important role as intermediaries between customer groups and the market. Transparent and fair rules should be established to also allow independent aggregators to fulfil this role. Products should be defined on all organised energy markets, including ancillary services and capacity markets so as to encourage the participation of demand response.
Amendment 67 #
Proposal for a directive
Recital 8
Recital 8
(8) Consumers are essential to achieving the flexibility necessary to adapt the electricity system to variable, distributed renewable generation. Technological progress in grid management and renewable generation has unlocked many opportunities for consumers, and healthy competition on retail markets will be essential to ensuring the market-driven deployment of innovative new services that cater to the consumers' changing needs and abilities, while increasing system flexibility. By empowering consumerHowever, the lack of real time or near real time information provided to consumers about their energy consumption, in particular due to the slow roll-out of smart meters, has prevented them from being active participants in the energy market and the energy transition. By empowering consumers and providing them with the tools to participate in the energy market more, and participate in new ways, citizens should benefit from the internal market in electricity and the Union's renewable targets should be attained.
Amendment 72 #
Proposal for a directive
Recital 11 a (new)
Recital 11 a (new)
(11a) Interconnections between Member States should be promoted as they facilitate the integration of electricity from renewable energy sources, smooth out variability, reduce balancing costs and encourage competition.
Amendment 74 #
Proposal for a directive
Recital 11 b (new)
Recital 11 b (new)
(11b) The European Council of 23 and 24 October 2014decided that the European Commission, supported by the Member States, will take urgent measures in order to ensure the achievement of a minimum target of 10%of existing electricity interconnections, as a matter of urgency, and no later than 2020; at least for Member States which have not yet attained a minimum level of integration in the internal energy market, and for Member States which constitute their main point of access to the internal energy market.
Amendment 82 #
Proposal for a directive
Recital 15
Recital 15
(15) Member States should maintain a wide discretion to impose public service obligations on electricity undertakings in pursuing objectives of general economic interest. Member States should ensure that household customers and, where Member States deem it appropriate, small enterprises, enjoy the right to be supplied with electricity of a specified quality at clearly comparable, transparent and competitive prices. Nevertheless, public service obligations in the form of supply price regulation constitute a fundamentally distortive measure that often leads to the accumulation of tariff deficits, limitation of consumer choice, poorer incentives for energy saving and energy efficiency investments, lower standards of service, lower levels of consumer engagement and satisfaction, restriction of competition as well as fewer innovative products and services on the market, that ultimately is detrimental to vulnerable consumers. Consequently, Member States should apply other policy tools, and in particular targeted social policy measures, to safeguard the affordability of electricity supply to their citizens. Interventions in price setting should only be applied in limited exceptional circumstancesso far as it is strictly necessary for reasons of extreme urgency. A fully liberalised retail electricity market would stimulate price and non-price competition among existing suppliers and incentivise new market entries therefore improving consumers' choice and satisfaction.
Amendment 89 #
Proposal for a directive
Recital 23
Recital 23
(23) Independent comparison tools including websites are an effective means for 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. 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 customer a representative overview. For offers of renewable energy, easily accessible and understandable information on suppliers, sources of renewable energy and guarantees of origin should be provided. These tools should also inform customers in a transparent manner if the energy comes from anon-renewable source. It is crucial that the information given on such tools be trustworthy, impartial and transparent.
Amendment 92 #
Proposal for a directive
Recital 25
Recital 25
(25) All consumers should be able to benefit from directly participating in the market, in particular by adjusting their consumption according to market signals and in return benefit from lower electricity prices or other incentive payments. The benefits of this active participation are likely to increase over time when electric vehicles, heat pumps and other flexible loads become more competitive. Consumers should be enabled to participate in all forms of demand response and therefore should have the possibility to benefit from the full roll-out of smart metering systems, and in cases where such a roll out has been negatively assessed, they should be able to opt for having a smart metering system and a dynamic electricity pricing contract . This should allow them to adjust their consumption according to real time price signals that reflect the value and cost of electricity or transportation in different time periods, while Member States should ensure a reasonable exposure of consumers to the wholesale price risk. Member States should also ensure that those consumers who choose not to actively engage in the market are not penalised but instead their informed decision making on the options available to them should be facilitated in the manner that is the most suitable for domestic market conditions.
Amendment 97 #
Proposal for a directive
Recital 30
Recital 30
(30) Distributed energy technologies and consumer empowerment have made community energy and energy cooperatives an effective and cost-efficient way to meet citizens' needs and expectations regarding energy sources, services and local participation. Community energy offers an inclusive option for all consumers to have a direct stake in producing, consuming or sharing energy between each other, on the basis of open and voluntary participation, within a geographically confined community network that may operate in an isolated mode or be connected to the public distribution network. Community energy initiatives focus primarily on providing affordable energy of a specific kind, such as renewable energy, for their members or shareholders , contributing to bringing benefits to local communities and to representing local interests, and rather than prioritising profit- making like a traditional energy company. By directly engaging with consumers community energy initiatives are demonstrating their potential in facilitating the up-take of new technologies and consumption patterns, including smart distribution grids and demand response, in an integrated manner. Community energy can also advance energy efficiency at household level and help fight energy poverty through reduced consumption and lower supply tariffs. Community energy also enables certain groups of household consumers to participate in the energy market who otherwise might not have been able to do so. Where they have been successfully operated such initiatives have delivered economic, social and environmental value to the community that goes beyond the mere benefits derived from the provision of energy services. Local energy communities should be allowed to operate on the market on a level-playing field without distorting competition. Household consumers should be allowed to voluntarily participate in a community energy initiative as well as to leave it, without losing access to the network operated by the community energy initiative or their rights as consumers. Access to a local energy community's network should be granted on fair and cost- reflective terms.
Amendment 101 #
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, consumer- centered and flexible electricity markets in the Union . It sets a common minimum level of interconnections for all Member States. Using the advantages of an integrated market, the Directive aims at ensuring affordable energy prices for consumers, a high degree of security of supply and a smooth transition towards a decarbonised 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. .
Amendment 102 #
Proposal for a directive
Article 2 – paragraph 1 – point 5
Article 2 – paragraph 1 – point 5
5. 'non-household customer' means a natural or legal person purchasing electricity which is not for their own household use and includes producers, public, commercial and industrial customers, small and medium sized enterprises, businesses and wholesale customers;
Amendment 103 #
Proposal for a directive
Article 2 – paragraph 1 – point 6
Article 2 – paragraph 1 – point 6
6. ‘'active customer’' means a customer or a group of jointly acting customers, including a multi-apartment block, a commercial, industrial, residential or shared services site, a closed distribution system, or a third party acting on their behalf, who consume, store or sell electricity generated on their premises, including through aggregators, or participate in demand response or energy efficiency schemes provided that these activities do not constitute their primary commercial or professional activity;
Amendment 105 #
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 based on open participation, is effectively controlled by local shareholders or members, generally value rather than profit-driven, involved in distributed generation and in performwhose predominant aim is to provide local community benefits rather than generate profits for its members, that carries out or is involved in at least one or more of the following activities of a: distributed generation, system operator, supplier or aggregatortorage, supply, energy efficiency service provider, aggregator, or distribution system operator, at local level, including across borders;
Amendment 107 #
Proposal for a directive
Article 2 – paragraph 1 – point 11
Article 2 – paragraph 1 – point 11
11. ‘'dynamic electricity price contract’' means an electricity supply contract between a supplier and a final customer that reflects the price at the spot market, including at the day ahead market at intervals at least equal to the market settlement frequency;wholesale price volatility
Amendment 107 #
Proposal for a directive
Recital 34
Recital 34
(34) When it comes to deciding at national level on the smart metering deployment , it should be possible to base this on an economic assessment. This economic assessment should take into account the long term benefits of smart metering deployment for the whole value chain, in particular for better network management, more precise planning and identification of network losses. Should that assessment conclude that the introduction of such metering systems is economically reasonable and cost- effective only for consumers with a certain amount of electricity consumption, Member States should be able to take that into account when proceeding with implementation. This assessment should however be reviewed regularly and at least every two years in light of the fast evolving technological developments.
Amendment 109 #
Proposal for a directive
Recital 36
Recital 36
(36) In order to assist consumers' active participation in the electricity market, the smart metering systems to be deployed by Member States in their territory should be interoperable, not represent a barrier to switching of supplier, and should be equipped with fit-for-purpose functionalities that allow consumers to have real time or near-real time access to their consumption data, modulate their energy consumption and, to the extent that the supporting infrastructure permits, offer their flexibility to the network and to energy services companies, be rewarded for it, and achieve savings in their electricity bill.
Amendment 111 #
Proposal for a directive
Recital 38
Recital 38
(38) Currently different models for the management of data have been developed or are under development in the Member States following the deployment of smart metering systems. Independently of the data management model it is important that Member States put in place transparent rules under which data can be accessed and exchanged under non-discriminatory conditions and in an effective manner and ensure the highest level of data integrity, cybersecurity and data protection as well as the impartiality of the entities which handle data. Member states should also ensure that consumers remain in control and owners of the consumption data, in particular by being able to identify themselves, give or withdraw consent in an easy manner in accordance with Union data protection legislation.
Amendment 112 #
Proposal for a directive
Article 2 – paragraph 1 – point 38
Article 2 – paragraph 1 – point 38
38. 'non-frequency ancillary service' means a service used by a transmission or distribution system operator for steady state voltage control, fast reactive current injections, inertia for local grid stability, short-circuit current and black start capability;
Amendment 114 #
Proposal for a directive
Article 2 – paragraph 1 a (new)
Article 2 – paragraph 1 a (new)
49. 'distributed energy resources' means energy resources including but not limited to energy storage, energy efficiency, electrical vehicles, distributed generation of electricity from renewable energy sources, community networks and demand response, which are provided to the electrical network, through either the meter in the customer's premise, or the distribution network.
Amendment 120 #
Proposal for a directive
Article 3 – paragraph 2
Article 3 – paragraph 2
2. Members States shall ensure that no undue barriers exist for market entry and market exit of electricity generation and, storage or electricity supply undertakings.
Amendment 121 #
Proposal for a directive
Article 3 – paragraph 2 a (new)
Article 3 – paragraph 2 a (new)
2a. Each Member State shall ensure that its level of electricity interconnection is equivalent to at least 10% of their installed production capacity by 2020, with a view to reaching a more ambitious level by 2030. In order to achieve these levels, Member States, regulatory authorities and transmission system operators shall cooperate with each other towards the creation of a fully interconnected internal market integrating isolated systems forming electricity islands.
Amendment 126 #
Proposal for a directive
Recital 69
Recital 69
(69) In order to ensure uniform conditions for the implementation of this Directive, implementing powers should be conferred on the Commission in order to determine a common European data format and non-discriminatory and transparent procedures for accessing the data on metering, consumption data as well as data required for consumer switching. Those powers should be exercised in accordance with Regulation (EU) No 182/2011 of the European Parliament and of the Council36. In order to ensure that such a common European data format supports marked- based competition and contributes to ensuring interoperability between energy services, the Commission may request if appropriate that data standards are drawn up by the relevant European standardisation organisations. __________________ 36 Regulation (EU) No 182/2011 of the European Parliament and of the Council of 16 February 2011 laying down the rules and general principles concerning mechanisms for control by Member States of the Commission’s exercise of implementing powers (OJ L 55, 28.2.2011, p. 13).
Amendment 129 #
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, consumer- centered and flexible electricity markets in the Union. It sets a common minimum level of interconnections for all Member States. Using the advantages of an integrated market, the Directive aims at ensuring affordable energy prices for consumers, a high degree of security of supply and a smooth transition towards a decarbonised 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..
Amendment 132 #
Proposal for a directive
Article 2 – paragraph 1 – point 1 a (new)
Article 2 – paragraph 1 – point 1 a (new)
1a. 'distributed energy resources' means energy resources including but not limited to energy storage, energy efficiency, electrical vehicles, distributed generation of electricity from renewable energy sources, community networks and demand response, which are provided to the electrical network, either through a meter at the customer's premises, or through the distribution network.
Amendment 133 #
Proposal for a directive
Article 2 – paragraph 1 – point 5
Article 2 – paragraph 1 – point 5
5. 'non-household customer' means a natural or legal person purchasing electricity which is not for their own household use and includes producers, public, commercial and industrial customers, small and medium sized enterprises, businesses and wholesale customers;
Amendment 135 #
Proposal for a directive
Article 2 – paragraph 1 – point 6
Article 2 – paragraph 1 – point 6
6. ‘'active customer’' means a customer or a group of jointly acting customers, including a multi-apartment block, a commercial, industrial, residential or shared services site, a closed distribution system, or a third party acting on their behalf, who consume, store or sell electricity generated on their premises, including through aggregators, or participate in demand response or energy efficiency schemes provided that these activities do not constitute their primary commercial or professional activity;
Amendment 149 #
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 based on open participation, is effectively controlled by local shareholders or members, generally value rather than profit-driven, involved in distributed generation and in performwhose predominant aim is to provide local community benefits rather than generate profits for its members, that carries out or is involved in at least one or more of the following activities of a: distributed generation, system operator, supplier or aggregatortorage, supply, energy efficiency service provider, aggregator, or distribution system operator, at local level, including across borders;
Amendment 151 #
Proposal for a directive
Article 2 – paragraph 1 – point 7
Article 2 – paragraph 1 – point 7
7. 'local energy community' means: an locally-based association, a cooperative, a partnership, a non-profit organisation or other legal entity which is based on open participation, is effectively controlled by local shareholders or members, generally value aimed at providing local communities benefits and representing largely local interests, rather than profit-driven, involved in distributed generation and in performing activities of a distribution system operator, supplier or aggregator at local level, including across borders;;
Amendment 164 #
Proposal for a directive
Article 13 – paragraph 4
Article 13 – paragraph 4
4. Member States shall ensure that final customers are entitled to receive all relevant demand response data or data on supplied and sold electricity at least once per yearmonth.
Amendment 165 #
Proposal for a directive
Article 15 – paragraph 1 – point a
Article 15 – paragraph 1 – point a
(a) are entitled to generate, store, consume and, sell self-generated electricity in all organised markets either individually or through aggregators, as well as to participate in the ancillary services of the system and in the mechanisms of response to the demand, without being subject to discriminatory or disproportionately burdensome procedures and charges that are not cost reflective;
Amendment 166 #
Proposal for a directive
Article 2 – paragraph 1 – point 11
Article 2 – paragraph 1 – point 11
11. ‘'dynamic electricity price contract’' means an electricity supply contract between a supplier and a final customer that reflects the price at the spot market, including at the day ahead market at intervals at least equal to the market settlement frequency;wholesale price volatility.
Amendment 168 #
Proposal for a directive
Article 15 – paragraph 1 – point a a (new)
Article 15 – paragraph 1 – point a a (new)
(aa) are not subject to double network costs and/or taxation, resulting from the storage and reuse of previously stored energy;
Amendment 171 #
Proposal for a directive
Article 15 – paragraph 1 – point b
Article 15 – paragraph 1 – point b
(b) are subject to cost reflective, transparent and non-discriminatory network charges, accounting separately for the electricity fed into the grid and the electricity consumed from the gridwhich reflect both the costs and benefits to the network based on a transparent cost benefit analysis developed by the National Regulatory Authorities, in line with Article 59(8).
Amendment 173 #
Proposal for a directive
Article 15 – paragraph 1 a (new)
Article 15 – paragraph 1 a (new)
1a. are not subject to charges on self- generated and consumed electricity at least until a cost-benefit analysis on self- generation and consumption proves that the macro-economic costs outweigh the benefits of self-consumed and/or generated electricity. Such cost-benefit analysis shall include externalities, network upgrade needs, support payments, value added tax, network charges as well as other taxes and levies.
Amendment 174 #
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 owned or managed by a third party acting on behalf of a customer or a group of customers for installation, operation, including metering and maintenance.
Amendment 176 #
Proposal for a directive
Article 2 – paragraph 1 – point 15
Article 2 – paragraph 1 – point 15
15. 'independent aggregator' means an aggregator that is not affiliated to athe supplier of its customer or any other market participant;
Amendment 177 #
Proposal for a directive
Article 15 a (new)
Article 15 a (new)
Amendment 178 #
Proposal for a directive
Article 16 – paragraph 1 – point a
Article 16 – paragraph 1 – point a
(a) are entitled to own, establish, or lease communityshared networks and to autonomously manage them;
Amendment 181 #
Proposal for a directive
Article 16 – paragraph 1 – point c
Article 16 – paragraph 1 – point c
(c) benefit from a non-discriminatory treatment with regard to their activities, rights and obligations as final customers, generators, suppliers, distribution system operators or aggregators;
Amendment 183 #
Proposal for a directive
Article 16 – paragraph 2 – point -a (new)
Article 16 – paragraph 2 – point -a (new)
(-a) final customers are entitled to participate in a local energy community;
Amendment 184 #
Proposal for a directive
Article 16 – paragraph 2 – point d
Article 16 – paragraph 2 – point d
(d) Article 8 (3) applies to generating capacity installed by renewable energy communities, as a subcategory of local energy communities, as long as such capacity can be considered small decentralised or distributed generation;
Amendment 196 #
Proposal for a directive
Article 2 – paragraph 1 – point 38
Article 2 – paragraph 1 – point 38
38. 'non-frequency ancillary service' means a service used by a transmission or distribution system operator for steady state voltage control, fast reactive current injections, inertia for local grid stability, short-circuit current and black start capability;
Amendment 200 #
Proposal for a directive
Article 18 – paragraph 2
Article 18 – paragraph 2
2. Member States 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, with clear explanation and justification of all other costs and taxes included in the bills.
Amendment 202 #
Proposal for a directive
Article 18 – paragraph 3 – subparagraph 1 a (new)
Article 18 – paragraph 3 – subparagraph 1 a (new)
In the case of vulnerable customers, billing and billing information should be limited to actual electricity consumption, the cost of the system and any relevant taxes.
Amendment 221 #
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 set of principles for 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. That common data format and procedures shall be defined in close cooperation with the entities responsible for metering and with customer organisations. Member States shall ensure that market participants apply a common European data format.
Amendment 231 #
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 procurement of non-frequency ancillary services by a distribution system operator shall be transparent, non- discriminatory, prioritizing generation from renewable sources and market-based ensuring effective participation of all market participants including renewable energy sources, demand response, energy storage facilities and aggregators, in particular by requiring regulatory authorities or distribution system operators in close cooperation with all market participants, to define technical modalities for participation in these markets on the basis of the technical requirements of these markets and the capabilities of all market participants .
Amendment 235 #
Proposal for a directive
Article 33 – paragraph 1
Article 33 – paragraph 1
1. Member States shall provide the necessary regulatory framework to facilitate the connection of publicly accessible and private recharging points to the transmission or distribution networks. Member States shall ensure that transmission system operators and 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.
Amendment 236 #
Proposal for a directive
Article 3 – paragraph 2
Article 3 – paragraph 2
2. Members States shall ensure that no undue barriers exist for market entry and market exit of electricity generation, energy storage, demand-response and electricity supply undertakings.
Amendment 239 #
Proposal for a directive
Article 3 – paragraph 2 a (new)
Article 3 – paragraph 2 a (new)
2a. Each Member State shall ensure that its level of electricity interconnection is equivalent to at least 10% of their installed production capacity by 2020, with a view to reaching a more ambitious level by 2030. In order to achieve these levels, Member States, regulatory authorities and transmission system operators shall cooperate with each other towards the creation of a fully interconnected internal market integrating isolated systems forming electricity islands.
Amendment 255 #
Proposal for a directive
Article 36 – paragraph 4 – subparagraph 1 (new)
Article 36 – paragraph 4 – subparagraph 1 (new)
5. Member States shall be allowed to support the development of a basic network of publicly accessible recharging points, in order to eliminate barriers to the initial development of electro-mobility.
Amendment 257 #
Proposal for a directive
Article 40 – paragraph 1 – point d
Article 40 – paragraph 1 – point d
(d) managing electricity flows on the system, taking into account exchanges with other interconnected systems. To that end, the transmission system operator shall be responsible for ensuring a secure, reliable and efficient electricity system and, in that context, for ensuring the availability of all necessary ancillary services, including those provided by demand response and energy storage , and electric vehicles, insofar as such availability is independent from any other transmission system with which its system is interconnected;
Amendment 259 #
Proposal for a directive
Article 40 – paragraph 1 – point j a (new)
Article 40 – paragraph 1 – point j a (new)
(ja) ensuring the efficient and secure integration of renewable energy sources, at least through central monitoring and control of renewable energy production units with installed capacity higher than 10 MW, including facilities connected to distribution networks within the TSO control area;
Amendment 260 #
Proposal for a directive
Article 40 – paragraph 1 – point j b (new)
Article 40 – paragraph 1 – point j b (new)
(jb) digitalisation of transmission systems to ensure, among others, efficient real time data acquisition and use, smart substations;
Amendment 261 #
Proposal for a directive
Article 40 – paragraph 1 – point j c (new)
Article 40 – paragraph 1 – point j c (new)
(jc) data management, cyber security and data protection;
Amendment 262 #
Proposal for a directive
Article 40 – paragraph 2
Article 40 – paragraph 2
2. Member States may provide that one or several responsibilities listed under points (a) to (j) of paragraph 1 be assigned to a transmission system operator other than the one which owns the transmission system to which the concerned responsibilities would otherwise be applicable, subject to a formal and justified request from the transmission system operator willing to transfer any of its responsibilities and the approval of the concerned Member States. The transmission system operator to which the tasks are assigned shall be certified as ownership unbundled and fulfil the requirements provided for in Article 43, but does not have to own the transmission system it is responsible for. The transmission system operator which owns the transmission system shall fulfil the requirements provided for in Chapter VI and be certified in accordance with Article 43.
Amendment 288 #
Proposal for a directive
Article 59 – paragraph new8
Article 59 – paragraph new8
new8. 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 to market parties the detailed methodology and underlying costassumptions used for the calculation of the relevant network tariffs, which shall include a cost benefit analysis for distributed energy resources, including an assessment of their potential value to the grid and the contribution to other energy policy objectives, in particular those provided by active customers and local energy communities.
Amendment 297 #
Proposal for a directive
Annex I – paragraph 1 a (new)
Annex I – paragraph 1 a (new)
(h) for offers from renewable energy sources, information on the contribution of each energy source to the electricity purchased by the customer, including shares of each renewable energy source by technology and country of origin, share or percentage of consumption met from direct-supply from renewable energy sources producers and own-production by the supplier, and actions creating additional environmental and social benefits, including new investments in renewable energy sources.
Amendment 304 #
Proposal for a directive
Article 8 – paragraph 2 – point k a (new)
Article 8 – paragraph 2 – point k a (new)
(ka) the assessment of alternatives, such as demand-response solutions and energy storage, to the construction of new generating capacity ;
Amendment 417 #
Proposal for a directive
Article 11 – paragraph 2 a (new)
Article 11 – paragraph 2 a (new)
2 a. Member states shall aim at reducing the share of fixed components in final customers electricity bills.
Amendment 436 #
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 January 2022, the technical process of switching supplier shall take no longer than 24 hours and shall be possible on any working day.
Amendment 473 #
Proposal for a directive
Article 13 – paragraph 1
Article 13 – paragraph 1
1. Member States shall ensure that, final customers are entitled to conclude a contract with an aggregator, and that where a final customer wishes to conclude a contract with an independent aggregator, such engagement shall not require the consent of the final customer's supplier.
Amendment 497 #
Proposal for a directive
Article 13 – paragraph 4
Article 13 – paragraph 4
4. Member States shall ensure that final customers are entitled to receive all relevant demand response data or data on supplied and sold electricity at least once per yearmonth.
Amendment 533 #
Proposal for a directive
Article 15 – paragraph 1 – point a
Article 15 – paragraph 1 – point a
(a) are entitled to generate, store, consume and, sell self-generated electricity in all organised markets either individually or through aggregators, as well as to participate in the ancillary services of the system and in the mechanisms of response to demand, without being subject to discriminatory or disproportionately burdensome procedures and charges that are not cost reflective;
Amendment 540 #
Proposal for a directive
Article 15 – paragraph 1 – point a a (new)
Article 15 – paragraph 1 – point a a (new)
(aa) When engaging actively in the market consumers become involved in economic activity. As such, this Directive needs to clarify that active customers enjoy equal treatment as other market actors. Such clarification is needed to preventative customers from being singled out as a group where procedures or cost- reflective charges are concerned.
Amendment 547 #
Proposal for a directive
Article 15 – paragraph 1 – point b
Article 15 – paragraph 1 – point b
(b) are subject to cost reflective, transparent and non-discriminatory network charges, accounting separately for the electricity fed into the grid and the electricity consumed from the gridwhich reflect both the costs and benefits to the network based on a transparent cost benefit analysis developed by the National Regulatory Authorities, in line with Article 59(8).
Amendment 555 #
Proposal for a directive
Article 15 – paragraph 1 a (new)
Article 15 – paragraph 1 a (new)
1a. are not subject to charges on self- generated and consumed electricity at least until accost-benefit analysis on self- generation and consumption proves that the macro-economic costs outweigh the benefits of self-consumed and/or generated electricity. Such cost-benefit analysis shall include externalities, network upgrade needs, support payments, value added tax, network charges as well another taxes and levies.
Amendment 560 #
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 owned or managed by a third party acting on behalf of a customer or a group of customers for installation, operation, including metering and maintenance.
Amendment 567 #
Proposal for a directive
Article 15 a (new)
Article 15 a (new)
Article 15 a Member States shall ensure that active customers owning a storage facility: (a) have the right to a grid connection within a reasonable time following the request; (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 619 #
Proposal for a directive
Article 16 – paragraph 2 – point a a (new)
Article 16 – paragraph 2 – point a a (new)
(aa) final customers are entitled to participate in a local energy community;
Amendment 627 #
Proposal for a directive
Article 16 – paragraph 2 – point d
Article 16 – paragraph 2 – point d
(d) Article 8 (3) applies to generating capacity installed by renewable energy communities, as a subcategory of local energy communities, as long as such capacity can be considered small decentralised or distributed generation;
Amendment 670 #
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 retaiall markets and that it contains at least the following elements:
Amendment 705 #
Proposal for a directive
Article 17 – paragraph 4 – subparagraph 1
Article 17 – paragraph 4 – subparagraph 1
In order to ensure that balancing costs and benefits induced by aggregators are fairly assigned to market participants, Member States may exceptionally allow compensation payments between aggregators and balance responsible parties. Such compensation payments must be limited to situations where one market participant induces imbalancwhere one market participant induces imbalances to another market participant resulting in a financial cost , while taking due account of market trends and consumer uptake to ensure that such measures tdo another market participant resulting in a financial cost create barriers to new market entrants.
Amendment 731 #
Proposal for a directive
Article 18 – paragraph 1
Article 18 – paragraph 1
1. Member States shall ensure that bills fulfil the minimum requirements for billing and billing information as set out in Annex II. The information contained in bills shall be correct, clear, concise, user- friendly and presented in a manner that facilitates comparison by consumers.
Amendment 735 #
Proposal for a directive
Article 18 – paragraph 2
Article 18 – paragraph 2
2. Member States 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, with clear explanation and justification of all other costs and taxes included in the bills.
Amendment 744 #
Proposal for a directive
Article 18 – paragraph 3 – subparagraph 1 a (new)
Article 18 – paragraph 3 – subparagraph 1 a (new)
In the case of vulnerable customers, billing and billing information should be limited actual electricity consumption, the cost of the system and any relevant taxes
Amendment 785 #
Proposal for a directive
Article 19 – paragraph 1
Article 19 – paragraph 1
1. In order to promote energy efficiency and empower customers , Member States or, where a Member State has so provided, the regulatory authority shall strongly recommend that electricity undertakings and aggregators optimise the use of electricity, inter alia by providing energy management services, developing innovative pricing formulas, orand introducing interoperable smart metering systems orin particular with consumer energy management systems, smart grids, and where appropriate. smart appliances and 'smart homes'
Amendment 790 #
Proposal for a directive
Article 19 – paragraph 3
Article 19 – paragraph 3
3. Member States that proceed with smart metering deployment shall adopt and publish the minimum functional and technical requirements for the smart metering systems to be rolled out in their territories in line with the provisions laid down in Article 20 and Annex III. Member States shall ensure the user-centricity of smart metering systems, the interoperability of these smart metering systems as well as their connectivity with consumer energy management platforms. To this respect, Member States shall have due regard to the use of relevant available standards including those enabling interoperability, best practices and the importance of the development of data exchange, future and innovative energy services, the deployment of smart grids and the internal market in electricity.
Amendment 797 #
Proposal for a directive
Article 19 – paragraph 4
Article 19 – paragraph 4
4. Member States that proceed with smart metering deployment shall ensure that final customers contribute to the associated costs of the roll-out in a transparent and non-discriminatory manner while taking into account the long-term benefits for the whole value chain. Member States shall regularly monitor this deployment in their territories to track the evolution of costs and benefits for the whole value chain, including the delivery of net benefits to consumers.
Amendment 800 #
Proposal for a directive
Article 19 – paragraph 5
Article 19 – paragraph 5
5. When the deployment of smart metering is negatively assessed as a result of cost-benefit assessment referred to in paragraph 2, Member States shall ensure that this assessment is revised periodically and at least every two years in response to changes in the underlying assumptions and to technology and market developments. Member States shall notify to the responsible Commission services the outcome of their updated economic assessment as it becomes available.
Amendment 808 #
Proposal for a directive
Article 20 – paragraph 1 – point a
Article 20 – paragraph 1 – point a
(a) the metering systems accurately measure actual electricity consumption and provide to final customers information on actual time of use. That information shall be made easily available and visualised to final customers on at least an in-home display at no additional cost and at real time or near-real time in order to support automated energy efficiency programmes, demand response and other services ;
Amendment 817 #
Proposal for a directive
Article 20 – paragraph 1 – point c
Article 20 – paragraph 1 – point c
(c) the privacy and data protection of final customers is ensured in compliance with relevant Union data protection and privacy legislation; It shall in particular be possible for the final customer to have access to whom and when other parties access their personal data in order to be able to enforce their rights under Union data protection legislation ;
Amendment 818 #
Proposal for a directive
Article 20 – paragraph 1 – point e
Article 20 – paragraph 1 – point e
(e) if final customers request it, metering data on their electricity input and off-take shall be made available to them, via a local standardised communication interface and/or remote access, or to a third party acting on their behalf, in an easily understandable format as provided for in Article 24, allowing them to compare deals on a like-for-like basis. It shall equally be possible for final customers to download their metering data or transmit it to another party in accordance with their right to data portability under Union data protection legislation ;
Amendment 831 #
Proposal for a directive
Article 21 – paragraph 1 – point a
Article 21 – paragraph 1 – point a
(a) is equipped where technically feasible with functionalities referred to in Article 20, or with a minimum set of functionalities to be defined and published by Member States at national level and in line with the provisions in Annex III,
Amendment 834 #
Proposal for a directive
Article 23 – paragraph 1
Article 23 – paragraph 1
1. When setting up the rules regarding the management and exchange of data, Member States or, where a Member State has so provided, the designated competent authorities shall specify the eligible parties which may have access to data of the final customer with their explicit consent in accordance with Regulation (EU) 2016/679 of the European Parliament and of the Council44 . For the purpose of this Directive, data shall include metering and consumption data as well as data required for consumer switching, automated energy efficiency programmes, demand response and energy management services.. Eligible parties shall include at least customers, suppliers, transmission and distribution system operators, aggregators, energy service companies, and other parties which provide energy or other services to customers. __________________ 44 Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) (OJ L 119, 4.5.2016, p. 1).
Amendment 835 #
Proposal for a directive
Article 23 – paragraph 2
Article 23 – paragraph 2
2. Member States shall organise the management of data in order to ensure efficient data access and exchange, data protection, data security, transparency, neutrality and data integrity. Independently of the data management model applied in each Member State, the party or parties responsible for data management shall provide to any eligible party with the explicit consent of the final customer, access to the data of the final customer. Eligible parties should have at their disposal in a non-discriminatory manner and simultaneously the requested data. Access to data shall be easy, while relevant procedures shall be made publicly available.
Amendment 840 #
Proposal for a directive
Article 23 – paragraph 4
Article 23 – paragraph 4
4. No additional costs shall be charged to final customers for access to, download and portability of their data. Member States shall be responsible for setting the relevant costs for access to data by eligible parties. Regulated entities which provide data services shall not profit from that activity.
Amendment 844 #
Proposal for a directive
Article 24 – paragraph 1
Article 24 – paragraph 1
1. Member States shall define a common data format to enable interoperability and facilitate exchange of data and a transparent procedure for eligible parties to have access to the data listed under Article 23 (1), in order to promote competition in the retail market and avoid excessive administrative costs for the eligible parties.
Amendment 853 #
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. Member States shall ensure that market participants apply a common European data format. Where necessary, the Commission may, following consultation of the Committee referred to in article 68 , request that standards be drawn up by the relevant European standards organisations .
Amendment 854 #
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 set of principles for 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.That common data format and procedures shall be defined in close cooperation with the entities responsible for metering and with customer organisations. Member States shall ensure that market participants apply a common European data format.
Amendment 905 #
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 procurement of non-frequency ancillary services by a distribution system operator shall be transparent, non- discriminatory, prioritizing generation from renewable sources and market-based ensuring effective participation of all market participants including renewable energy sources, demand response, energy storage facilities and aggregators, in particular by requiring regulatory authorities or distribution system operators in close cooperation with all market participants, to define technical modalities for participation in these markets on the basis of the technical requirements of these markets and the capabilities of all market participants .
Amendment 941 #
Proposal for a directive
Article 33 – paragraph 1
Article 33 – paragraph 1
1. Member States shall provide the necessary regulatory framework to facilitate the connection of publicly accessible and private recharging points to the transmission or distribution networks. Member States shall ensure that transmission system operators and 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.
Amendment 951 #
Proposal for a directive
Article 33 – paragraph 2 – point a
Article 33 – paragraph 2 – point a
(a) other parties, following an open and transparent tendering procedure supervised by the national regulatory, have not expressed their interest to own, develop, manage or operate recharging points for electric vehicles;
Amendment 966 #
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 activity, if necessary by requiring the creation of a central data management platform to be managed by the transmission system operator or another neutral entity.
Amendment 987 #
Proposal for a directive
Article 36 – paragraph 2 – point a
Article 36 – paragraph 2 – point a
(a) other parties, following an open and transparent tendering procedure, supervised by the national regulatory authority, have not expressed their interest to own, develop, manage or operate storage facilities;
Amendment 1003 #
Proposal for a directive
Article 36 – paragraph 4
Article 36 – paragraph 4
4. Regulatory authorities shall perform at regular intervals or at least every five years a review on the ability for existing storage facilities to be tendered and where appropriate a public consultation in order to re-assess the potential interest of market parties to invest, develop, operate or manage energy storage facilities. In case the review or the public consultation indicates that third parties are able to own, develop, operate or manage such facilities, Member States shall ensure that distribution system operators' activities in this regard are phased-out. .
Amendment 1005 #
Proposal for a directive
Article 36 – paragraph 4 a (new)
Article 36 – paragraph 4 a (new)
4a. Member States shall be allowed to support the development of a basic network of publicly accessible recharging points, in order to eliminate barriers to the initial development of electro-mobility.
Amendment 1012 #
Proposal for a directive
Article 40 – paragraph 1 – point h a (new)
Article 40 – paragraph 1 – point h a (new)
(ha) standardisation, in cooperation with distribution system operators, of relevant data formats and protocols to facilitate crossborder exchange of data ;
Amendment 1024 #
Proposal for a directive
Article 40 – paragraph 1 – point j a (new)
Article 40 – paragraph 1 – point j a (new)
(ja) ensuring the efficient and secure integration of renewable energy sources, at least through central monitoring and control of renewable energy production units with installed capacity higher than 10 MW, including facilities connected to distribution networks within the TSO control area;
Amendment 1029 #
Proposal for a directive
Article 40 – paragraph 1 – point j b (new)
Article 40 – paragraph 1 – point j b (new)
(jb) digitalisation of transmission systems to ensure, among others, efficient real time data acquisition and use and smart substations;
Amendment 1031 #
Proposal for a directive
Article 40 – paragraph 1 – point j c (new)
Article 40 – paragraph 1 – point j c (new)
(jc) data management, cyber security and data protection;
Amendment 1099 #
Proposal for a directive
Article 54 – paragraph 2 – point a
Article 54 – paragraph 2 – point a
(a) other parties, following an open and transparent tendering procedure, supervised by the national regulatory authority, have not expressed their interest to own, control, manage or operate such facilities offering storage and/or non- frequency ancillary services to the transmission system operator;
Amendment 1106 #
Proposal for a directive
Article 54 – paragraph 2 – point b
Article 54 – paragraph 2 – point b
(b) such facilities or non-frequency ancillary services are necessary for the transmission system operators to fulfil their obligations under this Directive for the efficient, reliable and secure operation of the transmission system, in particular as an alternative to investments in new grid lines, and they are not used to sell electricity to the market; and
Amendment 1119 #
Proposal for a directive
Article 54 – paragraph 4
Article 54 – paragraph 4
4. The transmission system operatorregulatory authority shall perform at regular intervals or at least every five years review on the ability for these storage facilities to be tendered and where appropriate a public consultation for the required storage services in order to assess the potential interest of market parties to invest in such facilities and terminate its own storage activities in case third parties can provide the service in a cost-effective manner, develop, operate or manage in such facilities. Where the review or the public consultation indicates that third parties are able to provide a viable proposition to own, develop, operate or manage specific storage facilities, Member States shall ensure that transmission system operators' activities in this regard are phased-out .
Amendment 1151 #
Proposal for a directive
Article 59 – paragraph 1 – point k
Article 59 – paragraph 1 – point k
(k) measuring the performance of the transmission system operators and distribution system operators in relation to the development of a smart grid that promotes energy efficiency and the integration of energy from renewable sources based on a limited set of Union- wide indicators, including a 'smartness indicator' for electricity grids and publish a national report every 2 years, including recommendations for improvement where necessary; The Commission is empowered to adopt delegated acts with a definition of ‘smartness indicator’. The smartness indicator shall in particular cover the volume of curtailed energy disaggregated per type of generation source, the amount of substations remotely monitored and controlled in real-time, and the amount of lines operated under dynamic line ratings.
Amendment 1185 #
Proposal for a directive
Article 59 – paragraph 1 – point s
Article 59 – paragraph 1 – point s
(s) ensuring non-discriminatory access to customer consumption data, the provision, for optional use, of an easily understandable harmonised format at national level for consumption data, and prompt access for all customers to such data pursuant to Articles 23 and 24 ;
Amendment 1200 #
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 to market parties the detailed methodology and underlying costassumptions used for the calculation of the relevant network tariffs, which shall include a cost benefit analysis for distributed energy resources, including an assessment of their potential value to the grid and the contribution to other energy policy objectives, in particular those provided by active customers and local energy communities.
Amendment 1222 #
Proposal for a directive
Article 62 – paragraph 1 – point c
Article 62 – paragraph 1 – point c
(c) approve the cooperative and inclusive decision- making process;
Amendment 1321 #
Proposal for a directive
Annex II – point 1 a (new)
Annex II – point 1 a (new)
1a. For offers from renewable energy sources, information on the contribution of each energy source to the electricity purchased by the customer, including shares of each renewable energy source by technology and country of origin, share or percentage of consumption met from direct-supply from renewable energy sources producers and own-production by the supplier, and actions creating additional environmental and social benefits, including new investments in renewable energy sources.
Amendment 1340 #
Proposal for a directive
Annex III – point 1
Annex III – point 1
1. Member States shall ensure the implementation of smart metering systems in their territories that may be subject to an economic assessment of all the long-term costs and benefits to the market, in particular the long term benefits to the whole value chain, and the individual consumer or which form of smart metering is economically reasonable and cost-effective and which timeframe is feasible for their distribution.
Amendment 1341 #
Proposal for a directive
Annex III – point 2
Annex III – point 2
2. Such assessment shall take into consideratibe based on the methodology for a cost- benefit analysis and the minimum functionalities for smart metering defined in the Commission Recommendation 2012/148/EU as well as best available techniques for ensuring the highest level of cybersecurity and data protection. The Commission shall ensure that this methodology is used in a consistent manner across the Union.
Amendment 1344 #
Proposal for a directive
Annex III – point 3
Annex III – point 3
3. Subject to that assessment, Member States or, where a Member State has so provided, the designed competent authority, shall prepare a timetable with a target of up to 105 years for the deployment of smart metering systems. Where roll-out of smart meters is assessed positively, at least 80 % of final customers shall be equipped with smart metering systems within 85 years from the date of their positive assessment or by 2020 for those Member States that have initiated deployment before entering into force of this Directive.