Activities of Mireille D'ORNANO 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 (87)
Amendment 26 #
Proposal for a directive
Citation 1
Citation 1
Having regard to the Treaty on the Functioning of the European Union, and in particular Article 194(2) thereof, and Article 4 thereof, which stipulates that competence in the area of energy policy is shared between the Union and the Member States,
Amendment 27 #
Proposal for a directive
Recital 1
Recital 1
(1) A number of amendments are to be made to Directive 2009/72/EC of the European Parliament and of the Council29. In the interests of clarity, that Directive should be recast. Notwithstanding the current trend towards increasing decarbonisation, an approach most States have adopted, in particular in the context of the Paris Agreement, this Directive must not undermine the technological neutrality which is a fundamental aspect of the choice which States are free to make among the sources of energy for electricity generation. _________________ 29 Directive 2009/72/EC of the European Parliament and of the Council of 13 July 2009 concerning common rules for the internal market in electricity and repealing Directive 2003/54/EC (OJ L 211, 14.8.2009, p. 55).
Amendment 28 #
Proposal for a directive
Recital 1
Recital 1
(1) A number of amendments are to be made to Directive 2009/72/EC of the European Parliament and of the Council29. In the interests of clarity, and against a backdrop of decarbonisation, an ever growing share of electricity generation accounted for by renewables and the diversification of energy sources for electricity generation, that Directive should be recast. _________________ 29 Directive 2009/72/EC of the European Parliament and of the Council of 13 July 2009 concerning common rules for the internal market in electricity and repealing Directive 2003/54/EC (OJ L 211, 14.8.2009, p. 55).
Amendment 29 #
Proposal for a directive
Recital 2
Recital 2
(2) The internal market in electricity, which has been progressively implemented throughout the Union since 1999, aims, by organising competitive electricity markets across country borders, to deliver real choice for all consumers of the European Union, be they citizens or businesses, new business opportunities competitive prices, and efficient investment signals, and should, at the same time, guarantee higher standards of service, and to contribute to security of supply and sustainability.
Amendment 31 #
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 decarbonise the energy system creates new opportunities and challenges for market participants linked to the generation and distribution of electricity. 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 32 #
Proposal for a directive
Recital 4
Recital 4
(4) The Energy Union Framework Strategy sets out the vision of an Energy Union with national citizens at its core, where citizensthe latter take ownership of the energy transition, benefit from new technologies to reduce their bills, participate actively in the market, and where vulnerable consumers are protected.
Amendment 33 #
Proposal for a directive
Recital 5
Recital 5
(5) The Communication from the Commission of 15 July 2015 'Delivering a new deal for energy consumers30' put forward the Commission's vision for a retail market that better serves energy consumers, including by better linking wholesale and retail markets. Taking advantage of new technology, new and innovative energy service companies should enable all consumers to fully participate in the energy transition, managing their consumption to deliver energy efficient solutions which save them money and contribute to overall reduction of energy consumption. This rational approach hinges on the full support of consumers, who are being asked to agree to their data and consumption habits being disclosed to their distributor and recorded and kept for several years. _________________ 30 COM (2015) 339 final of 15.7.2015.
Amendment 34 #
Proposal for a directive
Recital 6
Recital 6
Amendment 36 #
Proposal for a directive
Recital 7
Recital 7
Amendment 37 #
(7) Apart from the new challenges, the Directive seeks also to address the persisting obstacles to the completion of the internal market in electricitya high-quality, safe and effective distribution network in the service of consumers. Refined regulatory framework needs to contribute to overcoming the current problems of fragmented national markets which are still oftenometimes determined by a high degree of regulatory interventions. Such interventions have led to obstacles to the sale of electricity on equal terms as well as higher costs in comparison to solutions based on cross-border cooperation and market-based principlen inappropriate degree of regulatory interventions.
Amendment 39 #
Proposal for a directive
Recital 8
Recital 8
(8) CThe State and 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 consumers 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 40 #
Proposal for a directive
Recital 10
Recital 10
(10) Promoting fair competition and easy access for different suppliers should be of the utmost importance for Member States in order to allow consumers to take full advantage of the opportunities of a liberalised internal market in electricity. Too little competition means that new actors are prevented from joining the market and vying with those which are already active or even have a dominant position. Too much competition is likewise undesirable: liberalisation may crowd some actors out, giving rise to a monopoly or oligopoly.
Amendment 42 #
Proposal for a directive
Recital 11
Recital 11
(11) In order to secure competition and the supply of electricity at the most competitive price, Member States and national regulatory authorities should facilitate cross-border access for new suppliers of electricity from different energy sources as well as for new providers of power generation, storage and demand response.
Amendment 45 #
Proposal for a directive
Recital 12
Recital 12
(12) Securing common rules for a true internal market and a broad supply of electricity accessible to all should also be one of the main goals of this Directive. To that end, undistorted market prices would provide an incentive for cross-border interconnections and for investments in new power generation whilech leadings, in the long term, to price convergence would be desirable.
Amendment 46 #
Proposal for a directive
Recital 13
Recital 13
(13) MReasonable market prices should givebe combined with the right incentives for the development of the network and for investing in new electricity generation.
Amendment 47 #
Proposal for a directive
Recital 14
Recital 14
Amendment 48 #
Proposal for a directive
Recital 14
Recital 14
(14) Different types of market organisation exist in the internal market in electricity. The measures that Member States could take in order to ensure a level playing field should be based on overriding requirements of general interest. The Commission should be consulted on the compatibility of the measures with the Treaty and Union law.
Amendment 49 #
Proposal for a directive
Recital 14
Recital 14
(14) Different types of market organisation exist in the internal market in electricity. The measures that Member States could take in order to ensure a level playing field should be based on overriding requirements of general interest. The Commission should be consulted on the compatibility of the measures with the Treaty and Union law, such as price stability, security of supply and plant safety and energy self-sufficiency.
Amendment 50 #
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 particularIn addition, Member States should apply targeted social policy measures, to safeguard the affordability of electricity supply to their citizens. Interventions in price setting should onlmay 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.
Amendment 53 #
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. However, the danger inherent in full liberalisation of this kind is that sooner or later it will lead to a drop in the quality of service or, as a result of an excessive level of competition, the disappearance of a number of economic actors, thereby giving rise to an undesirable monopoly or oligopoly.
Amendment 55 #
Proposal for a directive
Recital 16
Recital 16
(16) In order to ensure the maintenance of the high standards of public service in the Union, all measures taken by Member States to achieve the objective of this Directive should be regularly notified to the CommissionMember States should be given the leeway they need to achieve the objective of this Directive. The Commission should regularly publish a report analysing measures taken at national level to achieve public service objectives and comparing their effectiveness, with a view to making recommendations as regards measures to be taken at national level to achieve high public service standards.
Amendment 56 #
Proposal for a directive
Recital 18
Recital 18
(18) It should be possible for measures implemented by Member States to achieve the objectives of social and economic cohesion to include, in particular, the provision of adequate economic incentives, using, where appropriate, all existing national and Union tools. Such tools may include liability mechanisms to guarantee the necessary investmentas a matter of priority, national tools.
Amendment 57 #
Proposal for a directive
Recital 19
Recital 19
(19) To the extent to which measures taken by Member States to fulfil public service obligations constitute State aid under Article 107(1) of the Treaty, there is an obligationit is regrettable that under Article 108(3) of the Treaty Member States should be required to notify them to the Commission.
Amendment 58 #
Proposal for a directive
Recital 20
Recital 20
(20) Clear and comprehensible information shouldmust be made available to consumers concerning their rights in relation to the energy sector. The Commission has established , after consulting relevant stakeholders including Member States, national regulatory authorities, consumer organisations and electricity undertakings an energy consumer checklist providing consumers with practical information about their rights. That checklist should be maintained up to date provided to all consumers and made publicly available.
Amendment 59 #
Proposal for a directive
Recital 21
Recital 21
(21) At present, several factors impede consumers from accessing, understanding and acting 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. A sufficient level of competition among suppliers is needed to make for diversification of supply.
Amendment 60 #
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, restrictgulating or harmonising their use further should improve consumer welfare, consumer engagement and competition in the market.
Amendment 61 #
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. It is crucial that the information given on such tools be trustworthy, impartial and transparent. It is essential, moreover, that these websites should not be made inaccessible by means of manoeuvres designed to deny consumers access to information, as has already happened to many price comparison sites which have been demoted in Google search result rankings.
Amendment 63 #
Proposal for a directive
Recital 24
Recital 24
(24) Greater consumer protection is guaranteed by the availability of effective means of dispute settlement for all consumers. Member States shouldhave full competence to introduce speedy and effective complaint handling procedures.
Amendment 64 #
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 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. The deployment in the context of COP21 of ‘smart’ electricity meters is designed, through computerisation, to make the management of electricity consumption simpler, more accurate and effective. However, technological progress does not necessarily justify sacrificing confidentiality and the protection of personal data, for example details of consumers’ consumption habits. Lastly, the claim which is often made that many jobs will be created, both directly and indirectly, should not disguise the threat to the jobs of the technicians who read existing conventional meters, which could be phased out.
Amendment 66 #
Proposal for a directive
Recital 26
Recital 26
(26) All customer groups (industrial, 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 27
Recital 27
(27) The 'European Strategy for Low Emission Mobility'32 stresses the need for the decarbonisation of the transport sector and the reduction of its emissions especially in urban areas and highlights the important role that electro-mobility can play in contributing to these objectives. Moreover, the deployment of electro- mobility constitutes an important element of the energy transition, although the renewable or otherwise nature of the electricity used in the context of electromobility remains a key factor. Market rules set out in this Directive should therefore contribute to creating favourable conditions for electric vehicles of all kinds. In particular, they should safeguard the effective deployment of publicly accessible and private recharging points for electric vehicles and ensure the efficient integration of vehicle charging into system operation. _________________ 32 SDW(2016) 244 final.
Amendment 68 #
Proposal for a directive
Recital 27
Recital 27
(27) The 'European Strategy for Low Emission Mobility'32 stresses the need for the decarbonisation of the transport sector and the reduction of its emissions especially in urban areas and highlights the important role that electro-mobility can play in contributing to these objectives. Moreover, the deployment of electro- mobility constitutes an important element of the energy transition. Market rules set out in this Directive should therefore contribute to creating favourable conditions for electric vehicles of all kinds. In particular, they should safeguard the effective deployment of publicly accessible and private recharging points for electric vehicles which meet international standards and ensure the efficient integration of vehicle charging into system operation. _________________ 32 SDW(2016) 244 final. SDW(2016) 244 final.
Amendment 70 #
Proposal for a directive
Recital 28
Recital 28
(28) Demand response will be pivotal to enable smart charging of electric vehicles and thereby enable the efficient integration of electric vehicles into the electricity grid which will be crucial for the decarbonisation of transport. It should be noted that the replacement of conventional by electric vehicles will do nothing to resolve the question of the renewable or otherwise nature of the source of the electricity used. What is more, this new development also raises the question of the storage of the energy and the sustainability of the batteries.
Amendment 76 #
Proposal for a directive
Recital 32
Recital 32
(32) Member States should encourage the modernisation of distribution networks, such as through the introduction of smart grids, which should be built in a way that encourages decentralised generation and energy efficiency. If the introduction of smart grids leads to a significant drop in the level of protection of personal data, in particular details of customers’ consumption habits, the process must be completely transparent.
Amendment 77 #
Proposal for a directive
Recital 33
Recital 33
(33) Engaging consumers requires appropriate incentives and technologies such as smart metering. Smart metering systems empower consumers as they allow them to receive accurate and near-real time feedback on their energy consumption or generation allowing them to manage it better, participate in and reap benefits from demand side response programmes and other services, and lower their electricity bill. Smart metering also enables distribution system operators to have better visibility of their networks, and consequently reduce their operation and maintenance costs and pass those savings to the distribution tariffs which are ultimately borne by consumers. However, this type of meter may breach customer privacy and, in particular, the confidentiality of the data concerning their consumption habits.
Amendment 78 #
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. 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. In the same way, it should be possible to conduct a legal assessment of the impact of such decisions on privacy, in particular the confidentiality of data concerning customers’ consumption habits.
Amendment 80 #
Proposal for a directive
Recital 35
Recital 35
Amendment 81 #
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 Stateswhich Member States may if they so wish deploy 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 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 82 #
Proposal for a directive
Recital 37
Recital 37
(37) A key aspect of supplying customers is access to objective and transparent consumption data. Thus, consumers should have the right to protection of and 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 consumers frequently enough will create incentives for energy savings because it will give customers direct feedback on the effects of investment in energy efficiency and change of behaviour. 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 83 #
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 under non-discriminatory conditions and ensure the highest level of cybersecurity and data protection as well as the impartiality of the entities which handle data. It is unthinkable that data on users’ consumption habits should subsequently be used for commercial targeting purposes, so that Member States may take any measure required to protect this personal information.
Amendment 84 #
Proposal for a directive
Recital 39
Recital 39
(39) Member States should take the necessary measuThe measures requiresd to protect vulnerable and energy poor customers in the context of the internal market in electricity should be taken. 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 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 86 #
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 decent standard of living and citizens' health. Furthermore, access to these energy services empowers EuropeanMember State 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 by energy poverty in order to provide targeted support. The Commission should actively support the implementation of the provisions on energy poverty by facilitating the sharing of good practices between Member States.
Amendment 89 #
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 oThe Commission may provide Member States with assistance, by sharing advice and best practices, with ther appropriate frameworks to tackle this problem, aiming at decreasim of reducing the number of people suffering suchrsons in that situation. 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 least, this Directive should allow national policies in favour of vulnerable and energy poor customers.
Amendment 93 #
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, without this undermining network or plant safety. 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 integration of generating installations using renewable energy sources, 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 94 #
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 tooffer a degree of flexibility or to the and improvement of energy efficiency in the grid. Member States should also introduce network development plans for distribution systems in order to support the integration of generating installations using renewable energy sources, 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 95 #
Proposal for a directive
Recital 43
Recital 43
(43) NGiven that a sufficient level of competition is essential, non- discriminatory access to the distribution network determines downstream access to customers at retail level. To create a level playing field at retail level, the activities of distribution system operators should therefore be monitored so that they are prevented from taking advantage of their vertical integration as regards their competitive position on the market, in particular in relation to household and small non- household customers.
Amendment 96 #
Proposal for a directive
Recital 44
Recital 44
(44) Where a closed distribution system is used to ensure the optimal efficiency of an integrated energy supply requiring specific operational standards, or a closed distribution system is maintained primarily for the use of the owner of the system, it should be possible to exempt the distribution system operator from obligations which would constitute an unnecessary administrative burden because of the particular nature of the relationship between the distribution system operator and the users of the system. Industrial, commercial or shared services sites such as train station buildings, airports, hospitals, large camping sites with integrated facilities or chemical industry sites can include closed distribution systems because of the specialised nature of their operations, but only if this does not jeopardise the safety of the grid and public facilities.
Amendment 97 #
Proposal for a directive
Recital 45
Recital 45
(45) In order to secure sufficient competition and the supply of electricity at the most competitive price, Member States and national regulatory authorities should facilitate cross-border access for any new suppliers of electricity from different energy sources as well as for new providers of power generation.
Amendment 108 #
Proposal for a directive
Article 2 – paragraph 1 – point 18
Article 2 – paragraph 1 – point 18
18. ‘smart metering system’ means an electronic system that can measure energy consumption, providing more information than a conventional meter, and can transmit and receive data, such as details of customers’ consumption habits, for information, monitoring and control purposes, using a form of electronic communication;
Amendment 155 #
Proposal for a directive
Article 11 – paragraph 1
Article 11 – paragraph 1
1. Member States which so wish shall ensure that every final customer is entitled, on request, to a dynamic electricity price contract by his supplier.
Amendment 156 #
Proposal for a directive
Article 11 – paragraph 2
Article 11 – paragraph 2
2. Member States shall ensure that final customers are fully informed by the suppliers of the opportunities and risks of such dynamic electricity price contract, including as regards the confidentiality and processing of personal data, such as details of customers' consumption habits.
Amendment 158 #
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 impact on consumers' bills and specifically the level of price volatility, and on consumers' sensitivity to the level of financial risk. Member States shall be entitled to insist that National Regulatory Authorities provide details of redundancies among technicians, in particular those responsible for reading meters whose work has been made superfluous by the phasing-in of dynamic pricing.
Amendment 160 #
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 weeksless than one month.
Amendment 204 #
Proposal for a directive
Article 19 – paragraph 2
Article 19 – paragraph 2
2. Member States shall ensure the implementation of smart metering systems in their territories that shall assist the active participation of customers in the electricity market. Such implementation may be subject to a cost-benefit assessment which shall be undertaken according to the principles laid down in Annex III. When that assessment is carried out, a figure shall be put on the jobs lost as a result of the deployment of smart meters, a step which does away with the need to employ technicians to read meters, so that public and economic actors are aware of the social repercussions of such changes in the arrangements for the distribution of electricity.
Amendment 208 #
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, whilst guaranteeing optimum protection of personal data. 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 210 #
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. 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. Member States shall also put a figure on the jobs lost as a result of the deployment of smart meters, a step which does away with the need to employ technicians to read meters.
Amendment 211 #
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 in response to changes in the underlying assumptions and to technology and market developments. Member States shall draw up consolidated statistics, covering several years, on the jobs lost as a result of the deployment of smart meters, a step which does away with the need to employ technicians to read meters. Member States shall notify to the responsible Commission services the outcome of their updated economic assessment as it becomes available.
Amendment 212 #
Proposal for a directive
Article 20 – paragraph 1 – point b
Article 20 – paragraph 1 – point b
(b) the security of the smart metering systems and data communication is ensured in compliance with relevant Unational security legislation having due regard of the best available techniques for ensuring the highest level of cybersecurity protection;
Amendment 213 #
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 Unational data protection and privacy legislation;
Amendment 217 #
Proposal for a directive
Article 22 – paragraph 1
Article 22 – paragraph 1
1. Where final customers do not have smart meters, Member States shall ensure that they are provided with individual conventional meters that accurately measure their actual consumption, whilst guaranteeing protection of personal data, such as details of customers' consumption habits.
Amendment 218 #
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, for example statistics on customers’ consumption habits, 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. 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 219 #
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. 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. The confidentiality of data concerning customers' consumption habits shall be guaranteed throughout the course of the exchanges between the parties.
Amendment 220 #
Proposal for a directive
Article 24 – paragraph 2
Article 24 – paragraph 2
Amendment 233 #
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 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. Member States shall work together to ensure that recharging points meet international standards compatible among the largest possible number of States, so that vehicle recharging operates smoothly and connections between recharging points and grids are facilitated.
Amendment 236 #
Proposal for a directive
Article 33 – paragraph 4
Article 33 – paragraph 4
Amendment 237 #
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 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 which so wish shall ensure that distribution system operators' activities in this regard are phased-out.
Amendment 238 #
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. Member States shall guarantee customers' privacy and the confidentiality of the data concerning their consumption habits. 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.
Amendment 256 #
Proposal for a directive
Article 37 – paragraph 1
Article 37 – paragraph 1
Without prejudice to Article 55 or any other legal duty to disclose information, the distribution system operator must preserve the confidentiality of commercially sensitive information obtained in the course of carrying out its business, such as data on customers’ consumption habits, and shall prevent information about its own activities which may be commercially advantageous being disclosed in a discriminatory manner.
Amendment 277 #
Proposal for a directive
Article 58 – paragraph 1 – point a
Article 58 – paragraph 1 – point a
(a) promoting, in close cooperation with the Agency, regulatory authorities of other Member States and the Commission, a competitive, flexible, secure and environmentally sustainable internal market in electricity within the Union in Europe, and effective market opening for all customers and suppliers in the UnionEurope and ensuring appropriate conditions for the effective and reliable operation of electricity networks, taking into account long-term objectives;
Amendment 278 #
Proposal for a directive
Article 58 – paragraph 1 – point b
Article 58 – paragraph 1 – point b
Amendment 279 #
Proposal for a directive
Article 58 – paragraph 1 – point b
Article 58 – paragraph 1 – point b
(b) developing competitive and properly functioning regional cross- border, markets within the Union in view of the achievement of the objectives referred to in point (a)markets between States;
Amendment 280 #
Proposal for a directive
Article 58 – paragraph 1 – point c
Article 58 – paragraph 1 – point c
(c) eliminating restrictions on trade in electricity between Member States, including developing appropriate cross- border transmission capacities to meet demand and enhancing the integration of national markets which may facilitate electricity flows across the Unionbetween European States;
Amendment 281 #
Proposal for a directive
Article 58 – paragraph 1 – point d
Article 58 – paragraph 1 – point d
(d) helping to achieve, in the most cost- effective way, the development of secure, reliable and efficient non-discriminatory systems that are consumer orientedbeneficial to consumers, and promoting system adequacy and, in line with general energy policy objectives, energy efficiency as well as the integration of large and small-scale production of electricity from renewable energy sources and distributed generation in both transmission and distribution networks and in facilitating their operation in relation to other energy networks of gas or heat ;
Amendment 282 #
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 and of electricity from renewable energy sources; it should be borne in mind that the development of renewable energy sources requires very significant investment and may thus lead to a marked increase in prices for the consumer, linked in particular to the deployment of wind parks or photovoltaic panels;
Amendment 283 #
Proposal for a directive
Article 58 – paragraph 1 – point f
Article 58 – paragraph 1 – point f
(f) ensuring that system operators and system users are granted appropriate incentives, in both the short and the long term, to increase efficiencies especially energy efficiency, in system performance, without these improvements undermining network and plant safety, and foster market integration;
Amendment 298 #
Proposal for a directive
Annex II – point 1 – paragraph 2 – point h
Annex II – point 1 – paragraph 2 – point h
(h) information on their rights as regards the means of dispute settlement available to them in the event of a dispute pursuant to Article 26. , in keeping with the principle of the confidentiality of personal data, such as details of customers’ consumption habits.
Amendment 300 #
Proposal for a directive
Annex II – point 3 – paragraph 2
Annex II – point 3 – paragraph 2
Where final customers have meters that allow remote reading by the opearator installed, final customers shall have the possibility of easy access for a period of at least five years to complementary information on historical consumption allowing detailed self-checks.
Amendment 301 #
Proposal for a directive
Annex II – point 3 – paragraph 3 – point a
Annex II – point 3 – paragraph 3 – point a
(a) cumulative data for at least the threfive previous years or the period since the start of the supply contract if this is shorter. The data shall correspond to the intervals for which frequent billing information has been produced; and
Amendment 302 #
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 via the internet or the meter interface for the period of at least the previous 2436 months or the period since the start of the supply contract if this is shorter.
Amendment 304 #
Proposal for a directive
Annex III – point 1
Annex III – point 1
Amendment 305 #
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 and the individual consumer or which form of smart metering is economically reasonable, the least likely to cause a breach of privacy, in particular as regards the confidentiality of customers’ consumption data, and cost-effective and which timeframe is feasible for their distribution.
Amendment 306 #
Proposal for a directive
Annex III – point 1
Annex III – point 1
1. Member States shallmay, only if they so wish, 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 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 307 #
Proposal for a directive
Annex III – point 2
Annex III – point 2
2. Such assessment shall take into consideration 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, in particular as regards customers' consumption habits.
Amendment 308 #
Proposal for a directive
Annex III – point 3
Annex III – point 3
Amendment 309 #
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 10 years for the deployment of smart metering systems. Where roll-out of smart meters is assessed positively, at least 850 % of final customers shall be equipped with smart metering systems within 8 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.
Amendment 310 #
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 10five 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 8 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.
Amendment 311 #
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 10 years for the deployment of smart metering systems. Where roll-out of smart meters is assessed positively, at least 830 % of final customers shall be equipped with smart metering systems within 8 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.