51 Amendments of Eugen FREUND related to 2016/0380(COD)
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 65 #
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 roles of existing market roleparticipants. It underlined needs to organisze 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. __________________ 31 COM (2015) 340 final of 15.7.2015.
Amendment 91 #
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 competitivethe awareness of otherwise passive consumers is raised about their possibilities as active consumers and when the information on the possibilities of active participation are better accessible and known. 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. Consumers should be informed about potential price risk of dynamic price contracts. Member States should also ensure that those consumers who choose not to actively engage in the market are not penalised but instead their informed decision making on the options available to them should be facilitated in the manner that is the most suitable for domestic market conditions.
Amendment 104 #
Proposal for a directive
Recital 31
Recital 31
(31) Energy bills and annual statements are an important means through which customers are informed. As weEnergy bills asnd annual statements provide data on consumption and costs, while they can also convey other information that helps consumers to compare their current deal with other offers. However, considering that bill-related disputes are a very common source of consumer complaints, a factor whichbills and annual statements contributes to persistently low levels of consumer satisfaction and engagement in the energy sector,. Therefore it is necessary to make bills and annual statements clearer and easier to understand, as well as to ensure that bills contain all the information necessary to enable consumers to regulate their energy consumption, compare offers and switch suppliers.
Amendment 114 #
Proposal for a directive
Recital 40
Recital 40
(40) Energy services areupply is fundamental to safeguard the well-being of the Union citizens. Adequate warmthHeating, 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 servicesenergy 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 by energy poverty in order to provide targeted support through their social welfare systems or other policy measures. The Commission should actively support the implementation of the provisions on energy poverty by facilitating the sharing of good practices between Member States.
Amendment 116 #
Proposal for a directive
Recital 41
Recital 41
(41) Energy poverty is a growing problem in the Union. 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 energy poverty this problem, aiming at decreasing the number of people suffering such situationenergy poor customers. 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, tThis Directive should allowenhance national policies in favour of vulnerable and energy poor customers.
Amendment 255 #
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 in a targeted manner by social policy or other policy measures, prioritisation of energy efficiency measures and other means than public interventions in the price-setting for the supply of electricity.
Amendment 295 #
Proposal for a directive
Article 5 – paragraph 4 – subparagraph 2
Article 5 – paragraph 4 – subparagraph 2
Member States shall notify the measures taken in accordance with the first subparagraph to the Commission within one month after adoption and may apply them immediately. The notification shall be accompanied by an explanation why other instruments including social policy and other measures and prioritisation of energy efficiency measures could not sufficiently address the situation and how the beneficiaries and the duration of the measure have been determined. The notification shall be considered as complete if, within two months from its receipt, or from the receipt of any additional information requested, the Commission does not request any further information.
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 410 #
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 contracts and that suppliers take reasonable steps to ensure that customers do not sign up to unsuitable contracts.
Amendment 416 #
Proposal for a directive
Article 11 – paragraph 2 a (new)
Article 11 – paragraph 2 a (new)
2a. Every final customer shall always be required to give active consent before being switched to a dynamic price contract.
Amendment 418 #
Proposal for a directive
Article 11 – paragraph 2 b (new)
Article 11 – paragraph 2 b (new)
2b. Member States shall ensure that every final customer is entitled to a contract that is not a dynamic price contract.
Amendment 422 #
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' electricity bills and specifically the level of price volatility, and on consumers' sensitivity to the level of financial risktake appropriate measures when the monitoring reveals that current protection levels are insufficient for household customers.
Amendment 423 #
Proposal for a directive
Article 11 – paragraph 3 a (new)
Article 11 – paragraph 3 a (new)
3a. Member States shall ensure that adequate safeguards on the exposure of price changes are in place for final customers to avoid bill shocks or high levels of financial liability. Household customers in a dynamic price contract shall never pay more than what they would have paid on a non-dynamic tariff.
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 466 #
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. Member States shall ensure that the supplier is informed about any contracts between its customer and an aggregator. Member States shall ensure that final customers with a contract with an aggregator have the same rights as final customers without a contract with an aggregator, including access to the same offers and tariffs. Member States shall ensure that final customers are fully informed by the aggregators of the opportunities and risks of the contracts offered to them.
Amendment 485 #
Proposal for a directive
Article 13 – paragraph 3
Article 13 – paragraph 3
3. Member States shall ensure that final customers terminating a fixed term contract with an aggregator before its maturity are not charged any termination fee that exceeds the direct economic loss to the aggregator, including the cost of any bundled investments or services already provided to the final customer as part of the contract. The burden of proof of the direct economic loss shall always be on the aggregator and monitored by the National Regulatory authority.
Amendment 524 #
Proposal for a directive
Article 14 – paragraph 3
Article 14 – paragraph 3
3. Member States mayshall require the comparison tools referred to in paragraph 1 to include comparative determinants relating to the nature of the services offered by the suppliers. Electricity suppliers, electricity service providers and aggregators and relevant intermediaries shall provide the information necessary for comparison tools on request, including information on the different range and use of tariffs, charges and other relevant information.
Amendment 529 #
Proposal for a directive
Article 14 – paragraph 4
Article 14 – paragraph 4
4. Any tool comparing the offers of suppliers shall be eligible toavailable on the electricity market shall apply for certification in accordance with this Article on a voluntary and non-discriminatory basis.
Amendment 607 #
Proposal for a directive
Article 16 – paragraph 1 – point d a (new)
Article 16 – paragraph 1 – point d a (new)
(da) adequately contribute to the costs of the electricity system they remain connected to.
Amendment 678 #
Proposal for a directive
Article 17 – paragraph 3 – point c
Article 17 – paragraph 3 – point c
(c) transparent rules and procedures for data exchange between market participants that ensure easy access to data on equal and non-discriminatory terms while fully protecting commercial and costumers' personal data;
Amendment 688 #
Proposal for a directive
Article 17 – paragraph 3 – point d
Article 17 – paragraph 3 – point d
Amendment 697 #
Proposal for a directive
Article 17 – paragraph 4
Article 17 – paragraph 4
Amendment 778 #
Proposal for a directive
Article 18 – paragraph 8 a (new)
Article 18 – paragraph 8 a (new)
8a. Where a final customer has been on the same tariff for more than 2 years, Member States shall require suppliers to notify the customer, in or alongside the energy bill, whether a more suitable or advantageous tariff is available, and facilitate their move to the new tariff.
Amendment 786 #
Proposal for a directive
Article 19 – paragraph 1
Article 19 – paragraph 1
1. In order to promote energy efficiency and empower customers , Member States or, where a Member State has so provided, the regulatory authority shall strongly recommend that electricity undertakings and aggregators optimise the use of electricity, inter alia by providing energy management services, developing innovative pricing formulas, or introducing interoperable smart metering systems or smart grids, where appropriate, which should be cost-effective and in accordance with privacy and data protection.
Amendment 789 #
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. They shall ensure that final customers can decide whether or not they would like to use smart metering systems. Such implementation mayshall be subject to a cost-benefit assessment which shall be undertaken according to the principles laid down in Annex III.
Amendment 833 #
Proposal for a directive
Article 23 – paragraph 1
Article 23 – paragraph 1
1. When setting up the rules regarding the management and exchange of data, Member States or, where a Member State has so provided, the designated competent authorities shall specify the eligible parties which may have access to data of the final customer with their explicit consent in accordance with Regulation (EU) 2016/679 of the European Parliament and of the Council44 . For the purpose of this Directive, data shall include metering and consumption data as well as data required for consumer switching. 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. Upon request, eligible parties shall provide customers with an overview of the parties who have access to their data. __________________ 44 Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) (OJ L 119, 4.5.2016, p. 1).
Amendment 838 #
Proposal for a directive
Article 23 – paragraph 4
Article 23 – paragraph 4
4. No additional costs shall be charged to final customers for access to their data or their request to transfer their data. Member States shall be responsible for setting the relevant costs for access to data by eligible parties. Regulated entities which provide data services shall not profit from that activity.
Amendment 864 #
Proposal for a directive
Article 25 – paragraph 1
Article 25 – paragraph 1
Member States shall ensure the provision of single points of contact to provide customers consumers with all necessary information concerning their rights, current legislation, accredited comparison tools and the means of dispute settlement available to them in the event of a dispute between the final customer and the electricity supplier, energy service provider, aggregator or any other intermediary. Such contact points may be part of general consumer information points.
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 880 #
Proposal for a directive
Article 28 – paragraph 1
Article 28 – paragraph 1
1. . Member States shall take appropriate measures to protect customers and shall, in particular, ensure that there are adequate safeguards to protect vulnerable customers. In this context, each Member State shall define the concept of vulnerable customers which may refer to energy poverty and, inter alia, to the prohibition of disconnection of electricity to such customers in critical times. 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. Disconnection shall be prohibited until the dispute between the supplier and the customer is settled.
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 949 #
Proposal for a directive
Article 33 – paragraph 2 – point a
Article 33 – paragraph 2 – point a
Amendment 953 #
Proposal for a directive
Article 33 – paragraph 2 – point b
Article 33 – paragraph 2 – point b
Amendment 955 #
Proposal for a directive
Article 33 – paragraph 3
Article 33 – paragraph 3
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 1137 #
Proposal for a directive
Article 58 – paragraph 1 – point g
Article 58 – paragraph 1 – point g
(g) ensuring that customers benefit through the efficient functioning of their national market, promoting effective competition and helping to ensureensuring consumer protection in close cooperation with relevant consumer protection authorities;
Amendment 1157 #
Proposal for a directive
Article 59 – paragraph 1 – point n
Article 59 – paragraph 1 – point n
(n) monitoring the level and effectiveness of market opening and competition at wholesale and retail levels, including on electricity exchanges, prices for household customers including prepayment systems, dynamic price contracts and benefits from the use of smart meter, switching rates, disconnection rates, charges for and the execution of maintenance services, the relationship between household and wholesale prices, the evolution of grid tariffs and levies and complaints by household customers, as well as any distortion or restriction of competition, including providing any relevant information, and bringing any relevant cases to the relevant competition authorities;
Amendment 1290 #
Proposal for a directive
Annex II – point 1 – paragraph 2 – point d
Annex II – point 1 – paragraph 2 – point d
(d) the contact details of the supplier including a conswith at least the phone number support hotlineand email address;
Amendment 1291 #
Proposal for a directive
Annex II – point 1 – paragraph 2 – point d a (new)
Annex II – point 1 – paragraph 2 – point d a (new)
(da) the information on switching and dispute settlement;
Amendment 1296 #
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 complaint handling process, on the single information point and its contact information, where to find information related to their rights, and contact details of the entity responsible for dispute settlement pursuant to Article 26.
Amendment 1300 #
Proposal for a directive
Annex II – point 1 – paragraph 2 – point h a (new)
Annex II – point 1 – paragraph 2 – point h a (new)
(ha) once a year, the electricity supplier should include on its bill an evaluation describing which of its tariffs would be most advantageous for the final customer if the consumption pattern of the previous year is repeated in the coming year.
Amendment 1329 #
Proposal for a directive
Annex II – point 4 – paragraph 2 – introductory part
Annex II – point 4 – paragraph 2 – introductory part
Suppliers shall once a year specify in bills:
Amendment 1334 #
Proposal for a directive
Annex II – point 4 – paragraph 2 a (new)
Annex II – point 4 – paragraph 2 a (new)
(d) the country of origin of the electricity purchased