48 Amendments of Pavel POC related to 2016/0380(COD)
Amendment 52 #
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 may constitute a fundamentally distortive measure if the price does not reflect the value of electricity and the costs of the supplier and 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 ensure that their price regulation is not detrimental to competition or 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 well-functionning 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 66 #
Proposal for a directive
Recital 6 a (new)
Recital 6 a (new)
(6a) With a view to creating an internal market in electricity, Member States should foster the integration of their national markets and the cooperation of system operators at Union and regional level, also incorporating isolated systems forming electricity islands that persist in the Union.
Amendment 87 #
Proposal for a directive
Recital 40
Recital 40
(40) Energy services are fundamental to safeguard the well-being of the Union citizens. Adequate warmth, cooling, lighting and the energy to power appliances are essential services to guarantee a decentgood standard of living and citizens' health. Furthermore, access to these energy services empowers European citizens to fulfil their potential and it enhances social inclusion. Energy poor households are unable to afford these energy services due to a combination of low income, high energy expenditure and poor energy efficiency of their homes. Member States should collect the right information to monitor the number of households in energy poverty. Accurate measurement should assist Member States to identify those households affected byt risk of energy poverty in order to provide targeted support. The Commission should actively and as a priority support the implementation of the provisions on energy poverty by facilitating the sharing of good practices between Member States.
Amendment 88 #
Proposal for a directive
Recital 40 a (new)
Recital 40 a (new)
(40a) The Commission should take action to raise awareness of market opportunities for energy poor customers and the Member States should provide sufficient resources for local information for consumers at risk of energy poverty.
Amendment 91 #
Proposal for a directive
Recital 41
Recital 41
(41) Member States which are affected by energy poverty and which have not yet done so should therefore develop national action plans or other appropriate frameworks to tackle this problem, aiming at decreasing the number of people suffering such situationvulnerable consumers at risk of energy poverty. Low income, high energy expenditure, and poor energy efficiency of homes are relevant factors in designing indicators for the measurement of energy poverty. In any event, Member States should ensure the necessary energy supply for vulnerable and energy poor customers. In doing so, an integrated approach, such as in the framework of energy and social policy, could be used and measures could include social policies or energy efficiency improvements for housing. At the very leasts a minimum, this Directive should allowsupport national policies in favour of vulnerable and energy poor customers.
Amendment 98 #
Proposal for a directive
Recital 62
Recital 62
(62) Energy regulators should also be granted the power to contribute to ensuring high standards of universal and public service in compliance with market opening, to the protection of vulnerable customersonsumers at risk of energy poverty, and to the full effectiveness of consumer protection measures. Those provisions should be without prejudice to both the Commission’s powers concerning the application of competition rules including the examination of mergers with a Union dimension, and the rules on the internal market such as the free movement of capital. The independent body to which a party affected by the decision of a national regulator has a right to appeal could be a court or other tribunal empowered to conduct a judicial review.
Amendment 124 #
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 electricitypropose market-based supply prices to customers. Member States shall take appropriate actions to ensure effective competition between electricity suppliers.
Amendment 126 #
Proposal for a directive
Article 5 – paragraph 2
Article 5 – paragraph 2
2. Member States shall ensurepursue objectives of general economic interest, including the protection of energy poor or vulnerable customers in a targeted manner by other means than public interventions in thbased on non-replicable price-setting for the supply of electricity.
Amendment 128 #
Proposal for a directive
Article 5 – paragraph 2
Article 5 – paragraph 2
2. Member States shall ensure the protection of energy poor or vulnerable customers at risk of energy poverty in a targeted manner by other means than public interventions in the price-setting for the supply of electricity.
Amendment 131 #
Proposal for a directive
Article 5 – paragraph 3
Article 5 – paragraph 3
3. By way of derogation from paragraphs 1 and 2, Member States which apply public interventions inbased on non- replicable price setting for the supply of electricity for energy poor or vulnerable household customers at the [OP: please insert the date of entry into force of this Directive] may continue to apply such public interventions until they adapt their supply price regulation so that price- setting become replicable no later than [OP: insert the date – five years fromafter the entry into force of this Directive]. Such public interventions shall pursue a general economic interest, be clearly defined, transparent, non-discriminatory, verifiable and guarantee equal access for Union electricity companies to customers. The interventions shall not go beyond what is necessary to achieve the general economic interest which they pursue, be limited in time and proportionate as regards their beneficiaries.
Amendment 136 #
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 which are not replicable in so far as it is strictly necessary for reasons of extreme urgency. Such interventions shall comply with the conditions set out in paragraph 3.
Amendment 157 #
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 and can terminate it if it proves too expensive.
Amendment 161 #
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 supply contracts before their maturity, unless termination is not prompted by a clear failure to provide services. Such fees may only be charged if customers receive a demonstrable advantage from these contracts. In addition, such fees shall not exceed the direct economic loss to the supplier of the customer terminating the contract, including the cost of any bundled investments or services already provided to the customer as part of the contract.
Amendment 199 #
Proposal for a directive
Article 17 – paragraph 5 a (new)
Article 17 – paragraph 5 a (new)
5a. Member States shall ensure that no undue barriers exist for aggregators to enter organised electricity markets, as long as they meet the entry criteria for these markets. The criteria shall be set by Member States in a transparent and non- discriminatory manner, while taking into account the reliable and secure operation of the transmission and distribution networks.
Amendment 212 #
Proposal for a directive
Article 2 – paragraph 1 – point 47 a (new)
Article 2 – paragraph 1 – point 47 a (new)
47a. ‘electricity service provider’ is an undertaking active in electricity supply or aggregation.
Amendment 214 #
Proposal for a directive
Article 2 – paragraph 1 – point 47 b (new)
Article 2 – paragraph 1 – point 47 b (new)
47b. ‘billing’ means a written statement of the money owed for goods or services and containing the minimum information as defined in Annex II.
Amendment 216 #
Proposal for a directive
Article 2 – paragraph 1 – point 47 c (new)
Article 2 – paragraph 1 – point 47 c (new)
47c. ‘billing information’ means information on consumer´s consumption for the given period and the price of supplied electricity, which may be stated on the electricity bill or provided to customer separately. For the purposes of this directive, separately providing consumer with billing information shall not be considered as a request for billing.
Amendment 224 #
1. . Member States shall take appropriate measures to protect customers and shall, in particular, ensure that there are adequate safeguards to protect vulnerable customersonsumers at risk of energy poverty. In this context, each Member State shall define the concept of vulnerable customers which may refer to energy poverty and, intand refer to, inter alia, the energy poor or vulnerable consumers alia, tot risk of energy poverty and the prohibition of disconnection of electricity to such customers in critical times. Member States shall ensure that rights and obligations linked to vulnerable customers are applied. In particular, they 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.
Amendment 226 #
Proposal for a directive
Article 28 – paragraph 2
Article 28 – paragraph 2
Amendment 230 #
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 and adopt a broad and common definition of energy poverty within the context of a new Commission Communication and action plan on energy poverty. Member States shall continuously monitor the number of households in energy poverty and the number of consumers at risk of energy poverty. The Member States 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 230 #
Proposal for a directive
Article 3 – paragraph 1
Article 3 – paragraph 1
1. Member States shall ensure that their national legislation does not unduly hamper cross-border flowtransactions of electricity, consumer participation including through demand–side response, investments into flexible energy generation, energy storage, the deployment of electro-mobility or new interconnectors, and that electricity prices reflect actual demand and supply.
Amendment 240 #
Proposal for a directive
Article 3 – paragraph 2 a (new)
Article 3 – paragraph 2 a (new)
2a. Member States shall strive to create equal level-playing field for all market participants and hinder discrimination.
Amendment 247 #
Proposal for a directive
Article 36 – paragraph 2 – point b
Article 36 – paragraph 2 – point b
(b) such facilities are necessary for the distribution system operators to fulfil theirits obligations under this Directiveregulation for the efficient, reliable and secure operation of the distribution system; and they are not used to sell electricity to the market;
Amendment 265 #
Proposal for a directive
Article 54 – paragraph 1
Article 54 – paragraph 1
1. Transmission system operators shall not be allowed to own, manage or operate energy storage facilities and shall notbe allowed to own directly or indirectly control assets that provide ancillary services. in cases where those facilities or assets are an integral part of the transmission system and where the national regulatory authority has granted its approval and further also in any other cases if the following conditions are fulfilled:
Amendment 267 #
Proposal for a directive
Article 54 – paragraph 1 – point a (new)
Article 54 – paragraph 1 – point a (new)
(a) other parties, following an open and transparent tendering procedure under the supervision of the national regulatory authorities, have not expressed their interest to own, control, manage or operate such cost-effective facilities offering storage and/or ancillary services to the transmission system operator;
Amendment 268 #
Proposal for a directive
Article 54 – paragraph 1 – point b (new)
Article 54 – paragraph 1 – point b (new)
(b) such facilities or ancillary services are necessary for the transmission system operators to fulfil its obligations under this regulation for the efficient, reliable and secure operation of the transmission system and they are not used to sell electricity to the market; and
Amendment 269 #
Proposal for a directive
Article 54 – paragraph 1 – point c (new)
Article 54 – paragraph 1 – point c (new)
(c) the national regulatory authority has assessed that there is no necessity to apply the conditions under point (a) of this paragraph and has granted its approval.
Amendment 270 #
Proposal for a directive
Article 54 – paragraph 2
Article 54 – paragraph 2
Amendment 276 #
Proposal for a directive
Article 54 – paragraph 4
Article 54 – paragraph 4
4. The transmission system operator under the supervision of the national regulatory authority shall perform at regular intervals or at least every five years a public consultation for the required storage services in order to re-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 such facilities. In case the public consultation indicates that third parties are able to own, develop, operate or manage such facilities in a cost-effective manner, Member States shall ensure that transmission system operators' activities in this regard are phased-out. Transmission system operators shall have right to recover their investment in such facilities on fair and reasonable terms.
Amendment 312 #
Proposal for a directive
Article 10 – paragraph 1
Article 10 – paragraph 1
1. Member States shall ensure that all customers are entitled to have their electricity provided by a supplier, subject to the supplier’s agreement, regardless of the Member State in which the supplier is registered, as long as the supplier follows the applicable trading and balancing rules. In this regard, Member States shall take all measures necessary to ensure that administrative procedures do not discriminate against supply undertakings already registered in another Member State.
Amendment 350 #
Proposal for a directive
Article 10 – paragraph 2 – point b
Article 10 – paragraph 2 – point b
(b) are given adequate notice of any intention to modify contractual conditions and are informed about their right to dissolve the contract when the notice is given. SuppliElectricity service providers shall notify their customers directly of any adjustment in the supply price as well as of the reasons and preconditions for the adjustment and its scope, at an appropriate time no later than one normal billing periods soon as they have the information on the increase, and no later than 6 weeks before the adjustment comes into effect in a transparent and comprehensible manner. Member States shall ensure that customers are free to withdraw from contracts if they do not accept the new contractual conditions or adjustments in the supply price notified to them by their electricity suppliervice provider ;
Amendment 369 #
Proposal for a directive
Article 10 – paragraph 2 – point i
Article 10 – paragraph 2 – point i
(i) are givenhave access to adequate in formation on alternatives to disconnection sufficiently in advance before the planned disconnection. These alternatives may refer to sources of support to avoid disconnection, alternative payment plans, debt management advice or disconnection moratorium and should not constitute an extra cost to customers. Information shall be made available for consumers at no extra cost;
Amendment 411 #
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. This may refer to the need to request an instalment of a smart meter at corresponding cost.
Amendment 449 #
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 suppliersElectricity service providers are allowed to charge contract termination fees to customers willingly terminating fixed term supply contracts before their maturity. SAny such fee shall be clearly indicated in the supply contract and such fees may only be charged if customers receive a demonstrable advantage fromat a time of signature of these contracts. In addition, such fees shall not exceed the direct economic loss to the supplier of the customer terminating the contract, including the cost of any bundled investments or services already provided to the customer as part of the contract.
Amendment 474 #
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. The supplier shall be informed if his customer entered into such contract.
Amendment 494 #
Proposal for a directive
Article 13 – paragraph 4
Article 13 – paragraph 4
4. Member States shall ensure that final customers are entitled to receive all relevant demand response data or data on supplied and sold electricity at least once per yearthe frequency stated in Article 18.
Amendment 551 #
Proposal for a directive
Article 15 – paragraph 1 – point b
Article 15 – paragraph 1 – point b
(b) are subject to cost reflective, transparent and non-discriminatory network charges, accounting separately for the electricity fed into the grid and the electricity consumed from the grid, in line with Article 59(8)electricity fed into and withdrawn from the grid shall not be offset against each other.
Amendment 673 #
Proposal for a directive
Article 17 – paragraph 3 – point b
Article 17 – paragraph 3 – point b
(b) transparent rules clearly assigning roles and responsibilities to all market participants; including the need to respect operational security of distribution and transmission grid by all market participants;
Amendment 756 #
Proposal for a directive
Article 18 – paragraph 4
Article 18 – paragraph 4
4. Where final customers have meters that allow remote reading by the operator, accurate billing information based on actual consumption shall be provided at least once a month if explicitly required by the customer.
Amendment 766 #
Proposal for a directive
Article 18 – paragraph 7
Article 18 – paragraph 7
Amendment 814 #
Proposal for a directive
Article 20 – paragraph 1 – point a a (new)
Article 20 – paragraph 1 – point a a (new)
(aa) Those functionalities shall apply to smart meters rolled-out after [2 years after entry into force of this directive].
Amendment 848 #
Proposal for a directive
Article 24 – paragraph 2
Article 24 – paragraph 2
Amendment 947 #
Proposal for a directive
Article 33 – paragraph 2 – introductory part
Article 33 – paragraph 2 – introductory part
2. Member States may allow distribution system operators to own, develop, manage or operate public recharging points for electric vehicles only if the following conditions are fulfilled:
Amendment 960 #
Proposal for a directive
Article 33 – paragraph 4
Article 33 – paragraph 4
4. Member States shall perform at regular intervals or at least every five years a public consultation in order to re-assess the potential interest of market parties to own, develop, operate or manage public recharging points for electric vehicles. In case the public consultation indicates that third parties are able to own, develop, operate or manage such points, Member States shall ensure that distribution system operators' activities in this regard are phased-out. Distribution system operators shall have right to recover their investment made into recharging infrastructure on fair and reasonable terms.
Amendment 1001 #
Proposal for a directive
Article 36 – paragraph 4
Article 36 – paragraph 4
4. Regulatory authorities shall perform at regular intervals or at least every five years a public consultation in order to re-assess the potential interest of market parties to invest, develop, operate or manage energy storage facilities. In case the public consultation indicates that third parties are able to own, develop, operate or manage such facilities, Member States shall ensure that distribution system operators' activities in this regard are phased-out. Distribution system operators shall have right to recover their investment made into storage facilities on fair and reasonable terms.
Amendment 1303 #
Proposal for a directive
Annex II – point 1 – paragraph 3 – introductory part
Annex II – point 1 – paragraph 3 – introductory part
Where appropriate, the following information shall be prominently displayed to final customers in or with their bills and periodical settlement billmade available to final customers:
Amendment 1316 #
Proposal for a directive
Annex II – point 1 – paragraph 4
Annex II – point 1 – paragraph 4
In addition, comparisons with an average normalised or benchmarked customer in the same user category shall be made available to final customers in, with or signposted to within, their bills and periodical settlement bills.
Amendment 1335 #
Proposal for a directive
Annex II – point 4 – paragraph 4 a (new)
Annex II – point 4 – paragraph 4 a (new)
If there is no compulsory issuing of certificates of origin in the given Member State, suppliers may provide information on share of renewables with disclaimer on their non-guaranteed origin.