35 Amendments of Edouard MARTIN related to 2016/0380(COD)
Amendment 59 #
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, efficient investment signals (both on the short and long term), higher standards of service, and to contribute to security of supply and sustainability.
Amendment 62 #
Proposal for a directive
Recital 4
Recital 4
(4) The Energy Union Framework Strategy sets out the vision of an Energy Union with citizens at its core, where citizens take ownership of the energy transition, benefit from new technologies to reduce their bills, participate actively in the market, and where vulnerable and energy poor consumers are protected.
Amendment 63 #
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 technologyies, new and innovative energy service companies should enable all consumers to raise their awareness of their energy consumption and 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. __________________ 30 COM (2015) 339 final of 15.7.2015.
Amendment 64 #
Proposal for a directive
Recital 6
Recital 6
(6) The Communication from the Commission of 15 July 2015 'Launching the public consultation process on a new energy market design'31 highlighted that the move away from generation in large central power plants towards de-centralized production from renewable energy sources and decarbonized markets requires an adaptation of the current rules of electricity trading and changes to the existing market roles. It underlined needs to organise electricity markets in a more flexible manner and to fully integrate all market players – including renewable energy producers, new energy service providers, energy storage and flexible demand. __________________ 31It also recalled the need to provide investment visibility on the long run and underlined the prominent role of Member States in enabling marked-based instruments for long-term investments. __________________ 31 COM (2015) 340 final of 15.7.2015. COM (2015) 340 final of 15.7.2015.
Amendment 68 #
Proposal for a directive
Recital 8
Recital 8
(8) Consumers are essential to achieving the flexibility necessary to adapt the electricity system to variable, and distributed renewable generation. Technological progress in grid management and renewable generation has unlocked many opportunities for consumers, and h. Healthy competition on retail markets will be essential to ensuring the market-driven deployment of innovative new services that cater to theaddress 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 78 #
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.
Amendment 128 #
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. 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 sustainable and 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 179 #
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 in near-real time, providing more information than a conventional meter, and can transmit and receive data for information, monitoring and control purposes, using a form of electronic communication;
Amendment 199 #
Proposal for a directive
Article 2 – paragraph 1 – point 39
Article 2 – paragraph 1 – point 39
39. 'regional opercoordinational centre' means the regional opercoordinational centre as defined in Article 32 of the [recast of Regulation 714/2009 as proposed by COM(2016)861/2]. (This amendment applies throughout the text adopting it will necessite changes throughout.)
Amendment 202 #
Proposal for a directive
Article 2 – paragraph 1 – point 47
Article 2 – paragraph 1 – point 47
47. 'energy storage' means, in the electricity system, deferring an amount of the electricity that was generated to the moment of use, either as final energy or converted intothe conversion of electrical energy into a form of energy which can be stored, the storing of that energy, and the subsequent reconversion of that energy back into electrical energy or another energy carrier.
Amendment 247 #
Proposal for a directive
Article 3 a (new)
Article 3 a (new)
Article 3 a Members States shall ensure that their national legislation provide proper incentives for long term investments in clean energy.
Amendment 275 #
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 in 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 [OP: insert the date – five years from the entry into force of this Directive]if it is established that the electricity is sold at a price which may be challenged. 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 280 #
Proposal for a directive
Article 5 – paragraph 4
Article 5 – paragraph 4
Amendment 303 #
Proposal for a directive
Article 8 – paragraph 2 – point j
Article 8 – paragraph 2 – point j
(j) the contribution of the generating capacity to meeting the overall Union target of at least a 20 % share of energy from renewable sources in the Union ’s gross final consumption of energy in 2020 referred to in Article 3(1) of Directive 2009/28/EC of the European Parliament and of the Council41 ; and of 23 April 2009 on the promotion of the use of energy from renewable sources; and the overall Union target for 2030 of at least 35% referred to in Directive COM(2016) 767 __________________ 41 Directive 2009/28/EC of the European Parliament and the Council of 23 April 2009 on the promotion of the use of energy sources (OJ L 140, 5.6.2009, p. 16).
Amendment 331 #
Proposal for a directive
Article 10 – paragraph 2 – point a – paragraph 1 – indent 4
Article 10 – paragraph 2 – point a – paragraph 1 – indent 4
- the means by which up-to-date information on all applicable tariffs and, maintenance charges and additional products and /or services (bundled offers) may be obtained,
Amendment 336 #
Proposal for a directive
Article 10 – paragraph 2 – point a – paragraph 1 – indent 5
Article 10 – paragraph 2 – point a – paragraph 1 – indent 5
- the duration of the contract, the conditions for renewal and termination of services and of the contract including additional products and/or services (bundled services) and of the contract and whether withdrawal from the contract without charge is permitted,
Amendment 357 #
Proposal for a directive
Article 10 – paragraph 2 – point d
Article 10 – paragraph 2 – point d
(d) are offered a wide choice of payment methods, which do not unduly discriminate between customers. Any difference in charges related to payment methods shall reflect the relevant costs incurred by the supplier, in line with Article 62 of Directive 2015/2366 which forbids surcharges for any payment instrument.
Amendment 370 #
Proposal for a directive
Article 10 – paragraph 2 – point i a (new)
Article 10 – paragraph 2 – point i a (new)
(ia) shall define the concept of vulnerable customers as referred to in Article 28 and set rules for the protection of customers who are indebted including the prohibition of disconnection of electricity and gas to such customers in critical times
Amendment 377 #
Proposal for a directive
Article 10 – paragraph 2 – point j a (new)
Article 10 – paragraph 2 – point j a (new)
(ja) are provided with a summary of the key contractual conditions (such as the main features of the service, detailed information on prices, conditions for switching and price increase) in concise and simple language on the first page of the contract or along with the contract
Amendment 384 #
Proposal for a directive
Article 10 – paragraph 2 – point j b (new)
Article 10 – paragraph 2 – point j b (new)
(jb) are allowed to terminate the contract with suppliers and providers of additional products and/or services (bundled offers) at any time at no cost in case a contract is extended without customer consent
Amendment 396 #
Proposal for a directive
Article 11
Article 11
Amendment 462 #
Proposal for a directive
Article 12 – paragraph 4 a (new)
Article 12 – paragraph 4 a (new)
4a. Member States shall ensure that the practice of doorstep selling by any actor in the electricity and or gas markets is not permitted.
Amendment 512 #
Proposal for a directive
Article 14 – paragraph 1
Article 14 – paragraph 1
1. Member States shall ensure that customers have access, free of charge, to at least one tool comparing the offers of suppliefrom both individual and bundled contracts, including dynamic price contracts, offers from electricity suppliers, electricity service providers and independent aggregators that meets at least the certification criteria set out in Annex I. The comparison tools may be operated by any entity, including private companies and public authorities or bodies. At least one tool per Member States shall cover the whole of the market. Customers should be informed of the availability of such tools including in or alongside their bills.
Amendment 599 #
Proposal for a directive
Article 16 – paragraph 1 – point d
Article 16 – paragraph 1 – point d
(d) are subject to fair, proportionate and transparent procedures and cost reflective charges, in line with charge- balancing systems which might be introduced;
Amendment 869 #
Proposal for a directive
Article 26 – paragraph 1
Article 26 – paragraph 1
Member States shall ensure that an independent mechanism such as an energy ombudsman or a consumer body is in place in order to ensure efficient treatment of complaints and out-of-court dispute settlements. cCustomers have access to simple, fair, transparent, independent, effective and efficient out-of-court dispute resolution mechanisms for the settlement of disputes concerning rights and obligations established under this Directive. Where the costumer is a consumer within thMember States shall ensure that an independent mechanism such as an energy ombudsman or a consumer body is in place in order to ensure efficient treatment of complaints and out-of-court dispute settlements. Those mechaning of Directive 2013/11/EU of the European Parliament and of the Council46 , such out-of-court mechanisms shall comply with the quality requirements established in Directive 2013/11/EU and provide, where warranted, fsms shall be extended to all energy service providers, aggregators and all contracts with energy components, including bundled offers and local energy communities whose participation shall be mandatory. Member States shall not allow suppliers to disconnect vulnerable customers until any dispute between the supplier and the customer is settled. Member States shall ensure that electricity suppliers, energy service providers and aggregators provide information on the out-of-court dispute settlement on their website and in all communication with their customers. Member States shall regularly assess the functioning of the out-of-court dispute settlement mechanisms, especially with regards to the participation and compliance of electricity suppliers, energy service providers, aggregators a system of reimbursement and/or compensation . __________________ 46nd intermediaries, and consider strengthening their mandatory participation in out-of-court dispute settlement mechanisms. __________________ 46 OJ L 165, 18.6.2013, p. 63–79 OJ L 165, 18.6.2013, p. 63–79
Amendment 872 #
Proposal for a directive
Article 27 – paragraph 1
Article 27 – paragraph 1
1. Member States shall ensure that all household customers, and, where Member States deem it appropriate, small enterprises (namely enterprises with fewer than 50 occupied persons and an annual turnover or balance sheet not exceeding EUR 10 million), enjoy universal service, that is the right to be supplied with electricity of a specified quality within their territory at competitivreasonable easily and clearly comparable, transparent and non- discriminatory prices. To ensure the provision of universal service, Member States may appoint a supplier of last resort. Member States shall impose on distribution companies an obligation to connect customers to their network under terms, conditions and tariffs set in accordance with the procedure laid down in Article 59(6) . This Directive shall not prevent Member States from strengthening the market position of the household, small and medium-sized consumers by promoting the possibilities of voluntary aggregation of representation for that class of consumers.
Amendment 890 #
Proposal for a directive
Article 29 – paragraph 1
Article 29 – paragraph 1
Member States shall: a) define a set of criteria for the purposes of measuring energy poverty. Member States shall continuously monitor the number of households in energy poverty and shall report on the evolution of energy poverty and measures taken to prevent itthe concept of vulnerable customers and energy poverty based on EU indicators of low income, high energy expenditure, and poor energy efficiency of housing; b) continuously monitor the number of households in energy poverty and share this data with the European Energy Poverty Observatory (EPOV), c) establish national action plans including objectives and measures, both short-term and long-term, and a timeframe for achieving the objectives d) report on the evolution of energy poverty in their national strategies 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 976 #
Proposal for a directive
Article 36 – paragraph 1
Article 36 – paragraph 1
1. Distribution system operators shall not be allowed to own, develop, manage or operate energy storage facilities other than storage needed by the distribution system operators for the local short-term control of the distribution grid stability and storage needed for the efficient, reliable and secure operation of the distribution system and where the national regulatory authority has granted its approval.
Amendment 1020 #
Proposal for a directive
Article 40 – paragraph 1 – point j
Article 40 – paragraph 1 – point j
(j) cooperating with the Agency, regional coordination centres and the ENTSO for electricity on the adoptingon of a framework for the cooperation and coordination between regional opercoordinational centres.
Amendment 1030 #
Proposal for a directive
Article 40 – paragraph 1 – point j b (new)
Article 40 – paragraph 1 – point j b (new)
(jb) data management, cyber security and data protection.
Amendment 1214 #
Proposal for a directive
Article 62 – paragraph 1 – point a
Article 62 – paragraph 1 – point a
(a) approve the statutes and rules of procedureproposal for the establishment of regional coordination centres in accordance with Article 32(1) of Regulation(EU) … [Recast of Regulation as proposed by COM(2016) 861/2];
Amendment 1226 #
Proposal for a directive
Article 62 – paragraph 1 – point d
Article 62 – paragraph 1 – point d
(d) assessensure that if the regional opercoordinational centre has the appropriate competences, resources and impartiality to carry out independently the functions and tasks assigned to it, including security, liability and contingency arrangements;
Amendment 1239 #
Proposal for a directive
Article 62 – paragraph 2 – point c a (new)
Article 62 – paragraph 2 – point c a (new)
(ca) to settle dispute arising between regional operational centres or between transmission system operators and regional cooperation centres
Amendment 1240 #
Proposal for a directive
Article 62 – paragraph 2 – point c b (new)
Article 62 – paragraph 2 – point c b (new)
(cb) handle complaints against regional operational centre in relation to their obligations under Union law
Amendment 1247 #
Proposal for a directive
Article 66 – paragraph 1
Article 66 – paragraph 1
1. Member States which can demonstrate that there are substantial problems for the operation of their small isolated systems, may apply for derogations from the relevant provisions of Chapters IV, V and VI as well as articles 4, 5, 6, 7 and 8. The Commission shall inform the Member States of those applications before taking a decision, taking into account respect for confidentiality. That decision shall be published in the Official Journal of the European Union.