23 Amendments of Evelyne GEBHARDT related to 2007/0195(COD)
Amendment 14 #
Proposal for a directive – amending act
Recital 20 b (new)
Recital 20 b (new)
(20b) Clear and comprehensible information should be made available to electricity consumers concerning their rights in their dealings with the energy sector. In this context, the Commission must, after adoption of this Directive, produce a European Charter on the Rights of Energy Consumers. It must be possible to send a copy of the European Charter on the Rights of Energy Consumers to all consumers subscribing to new contracts.
Amendment 18 #
Proposal for a directive – amending act
Recital 21 c (new)
Recital 21 c (new)
(21 c) Better consumer protection is guaranteed by the availability of effective channels of redress for all. Member States should introduce rapid and effective arbitration procedures, including extrajudicial procedures and a collective redress mechanism to be monitored by an energy consumer ombudsman or an authority specifically empowered to do so in each Member State.
Amendment 24 #
Proposal for a directive – amending act
Article 1 – point 1 – point b a (new)
Article 1 – point 1 – point b a (new)
Directive 2003/54/EC
Article 2 – point 34 a (new)
Article 2 – point 34 a (new)
(b ) The following point is added: (34 a) 'energy poverty' means a situation in which a domestic user cannot afford to heat his home to an acceptable level. This level shall be evaluated in accordance with the recommendations of the World Health Organisation, that is to say at least 18°C in all living areas when occupied, up to 22°C depending on the function of the room. This requirement shall also be evaluated in the light of the scope for customers to purchase other energy services for their homes at reasonable prices. A domestic user is poor in energy terms if energy expenditure as a percentage of total household expenditure exceeds twice the national average energy expenditure.
Amendment 26 #
Proposal for a directive – amending act
Article 1 – point 1 – point b c (new)
Article 1 – point 1 – point b c (new)
Directive 2003/54/EC
Article 2 – point 34 c (new)
Article 2 – point 34 c (new)
(b c) The following point is added: (34 c) 'affordable price': a price defined at national level by the Member States in consultation with national regulators, the social partners and other stakeholders, taking account of energy poverty as defined by this Directive.
Amendment 28 #
Proposal for a directive – amending act
Article 1 – point 1 a (new)
Article 1 – point 1 a (new)
Directive 2003/54/EC
Article 3 – paragraph 2
Article 3 – paragraph 2
(1a) Article 3(2) shall be amended as follows: 2. Having regard to the relevant provisions of the Treaty, in particular Article 86 thereof, Member States may impose on undertakings operating in the electricity sector in the general economic interest public sector obligations which may relate to security including security of supply regularity, quality and price of supplies, particularly regarding the application of social tariffs and environmental protection including energy efficiency and climate protection. Such obligations shall be clearly defined, transparent, non-discriminatory, verifiable and shall guarantee equality of access for EU electricity companies to national consumers. In relation to security of supply, energy efficiency/demand-side management and for the fulfilment of environmental goals as referred to in this paragraph, Member States may introduce the implementation of long-term planning, taking into account the possibility of third parties seeking access to the system.
Amendment 33 #
Proposal for a directive – amending act
Article 1 – point 1 f (new)
Article 1 – point 1 f (new)
Directive 2003/54/EC
Article 3 – paragraph 3
Article 3 – paragraph 3
(1 f) Article 3(3) is amended as follows: '3. Member States shall ensure that all household customers and [...] 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 at affordable, easily and clearly comparable, transparent and non- discriminatory prices. They shall also ensure that customers are given freedom of choice, fair treatment, the possibility of representation and channels of redress. Service quality will be central to the responsibilities of electricity companies. 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 grid under terms, conditions and tariffs set in accordance with the procedure laid down in Article 22c (4). Nothing in this Directive shall prevent Member States from strengthening the market position of the domestic, small and medium-sized consumers by promoting the possibilities of voluntary aggregation of representation for this class of consumers.
Amendment 35 #
Proposal for a directive – amending act
Article 1 – point 1 h (new)
Article 1 – point 1 h (new)
Directive 2003/54/EC
Article 3 – paragraph 5
Article 3 – paragraph 5
(1h) Article 3 (5) is amended as follows: '5. Member States shall take appropriate measures to protect final consumers and shall in particular ensure that there are adequate safeguards to protect vulnerable customers, including provisions banning disconnection in cases of obvious inability to pay. In this context, Member States shall recognise energy poverty as defined in Article 2 and define what is meant by vulnerable customers. Member States shall guarantee that the specific rights and obligations of vulnerable customers are respected and, in particular, shall take appropriate measures to protect final users in remote regions. They shall ensure high levels of consumer protection, particularly with respect to transparency regarding contractual terms and conditions, general information and dispute settlement mechanisms. Member States shall ensure that the eligible customer is in fact able to switch to a new supplier. At least as regards household customers, these measures shall include those set out in Annex A.
Amendment 36 #
Proposal for a directive – amending act
Article 1 – point 1 i (new)
Article 1 – point 1 i (new)
Directive 2003/54/EC
Article 3 – paragraph 5 a (new)
Article 3 – paragraph 5 a (new)
(1i) In Article 3, the following paragraph 5a shall be inserted: '5a. Member States shall take appropriate measures to combat energy poverty as part of their national energy actions to guarantee a real fall in the number of those who are poor in energy terms and they shall inform the Commission of these measures. Member States may select an integrated approach to guarantee that universal service and public service obligations are fulfilled. Such measures provide for greater energy efficiency and may include special tariffs for vulnerable consumers and individual domestic users. The Commission shall provide indicators to monitor the impact of such measures on energy poverty. Such measures shall not prevent market opening arrangements as provided for in Article 21.'
Amendment 38 #
Proposal for a directive – amending act
Article 1 – point 1 k (new)
Article 1 – point 1 k (new)
Directive 2003/54/EC
Article 3 – paragraph 6 – subparagraph 1 - introductory part
Article 3 – paragraph 6 – subparagraph 1 - introductory part
(1k) Article 3(6), subparagraph 1, introductory part is amended as follows: ‘6. Member States shall ensure that electricity supplies specify in or with the bills and in promotional materials and in the documents regularly sent for information to customers […]:’
Amendment 39 #
Proposal for a directive – amending act
Article 1 – point 1 l (new)
Article 1 – point 1 l (new)
Directive 2003/54/EC
Article 3 – paragraph 6 – subparagraph 1 - point (a)
Article 3 – paragraph 6 – subparagraph 1 - point (a)
(1l) Article 3(6), subparagraph 1, point (a) is amended as follows:: ‘the contribution of each energy source to the overall fuel mix of the supplier over the preceding year in a comprehensible and harmonised manner within the Member States for ease of comparison’
Amendment 40 #
Proposal for a directive – amending act
Article 1 – point 1 m (new)
Article 1 – point 1 m (new)
Directive 2003/54/EC
Article 3 – paragraph 6 – point (b)
Article 3 – paragraph 6 – point (b)
(1m) Article 3(6), first subparagraph, point (b) is amended as follows:: "(b) [...] information on the environmental impact, in terms of at least emissions of CO2 and the radioactive waste resulting from electricity produced by the overall mix of the supplier over the preceding year is publicly available."
Amendment 41 #
Proposal for a directive – amending act
Article 1 – point 1 n (new)
Article 1 – point 1 n (new)
Directive 2003/54/EC
Article 3 – paragraph 6 – point (ba) (new)
Article 3 – paragraph 6 – point (ba) (new)
(1n) Article 3 (6), subparagraph 1, the following point is added: "(ba) information concerning their rights and the channels for appeal available to them in case of disputes."
Amendment 42 #
Proposal for a directive – amending act
Article 1 – point 1 o (new)
Article 1 – point 1 o (new)
Directive 2003/54/EC
Article 3 – paragraph 6 – subparagraph 3
Article 3 – paragraph 6 – subparagraph 3
(1o) Article 3(6), subparagraph 3 is amended as follows: "The national regulatory authorities shall take the necessary steps to ensure that the information provided by suppliers to their customers pursuant to this Article is reliable. The rules concerning the presentation of information shall be harmonised within the Member States and the markets concerned. Their application shall be monitored by the Agency."
Amendment 43 #
Proposal for a directive – amending act
Article 1 – point 1 p (new)
Article 1 – point 1 p (new)
Directive 2003/54/EC
Article 3 – paragraph 7
Article 3 – paragraph 7
(1p) Article 3, paragraph 7 is amended as follows: "7. Member States shall implement appropriate measures to achieve the objectives of social and economic cohesion and environmental protection which guarantee prevention of discrimination in particular with regard to those in the low income bracket, energy efficiency/demand-side management measures and means to combat climate change, and security of supply. Such measures may include, in particular, the provision of adequate economic incentives, using, where appropriate, all existing national and Community tools, for the maintenance and construction of the necessary network infrastructure, including interconnection capacity."
Amendment 45 #
Proposal for a directive – amending act
Article 1 – point 1 r (new)
Article 1 – point 1 r (new)
Directive 2003/54/EC
Article 3 – paragraph 7 b (new)
Article 3 – paragraph 7 b (new)
(1r) Article 3, the following paragraph is inserted: "7a. Member States shall ensure the provision of a single outlet in each country so as to provide consumers with all necessary information concerning their rights, current legislation and the channels of appeal available to them in case of dispute."
Amendment 76 #
Proposal for a directive – amending act
Article 1 – point 14 b (new)
Article 1 – point 14 b (new)
Directive 2003/54/EC
Annex A – point (a)
Annex A – point (a)
14(b) In Annex A point (a) is amended as follows: '(a) have the right to a contract with their electricity service provider that specifies: - the identity and address of the supplier, - the services provided, the service quality levels offered as well as the time for initial connection, - […]] the types of maintenance service offered, - the means by which up-to-date information on all applicable tariffs and maintenance charges may be obtained, - the duration of the contract, the conditions for renewal and termination of services and of the contract, existence of any right of withdrawal free of charge, - any compensation and the refund arrangements which apply if contracted service quality levels are not met, including inaccurate and late billing, […]] - the method of initiating procedures for the settlement of disputes in accordance with point 8(f) and - information on the rights of consumers, including those referred to above, to be provided regularly in a clear and readily comprehensible form by mail or e-mail, without a preliminary request from consumers, - details concerning the competent appeals authority and of the procedure to be followed by consumers in case of disputes.'
Amendment 77 #
Proposal for a directive – amending act
Article 1 – point 14 c (new)
Article 1 – point 14 c (new)
Directive 2003/54/EC
Annex A – point (b)
Annex A – point (b)
14(c) In Annex A, point (b) is amended as follows: '(b) are given adequate notice of any intention to modify contractual conditions and are informed about their right of withdrawal free of charge when notice is given. Service providers shall notify their subscribers directly of any increase in charges at an appropriate time no later than one normal billing period after the increase comes into effect, in a transparent and comprehensible manner. Member States shall ensure that customers are free to withdraw from contracts if they do not accept the new conditions notified to them by their electricity service provider.'
Amendment 78 #
Proposal for a directive – amending act
Article 1 – point 14 d (new)
Article 1 – point 14 d (new)
Directive 2003/54/EC
Annex A – point (c)
Annex A – point (c)
14(d) In Annex A, point (c) is amended as follows: '(c) receive transparent independent and comparable information on applicable prices and tariffs and on standard terms and conditions in respect of access to and use of electricity services at national and community level,'
Amendment 79 #
Proposal for a directive – amending act
Article 1 – point 14 e (new)
Article 1 – point 14 e (new)
Directive 2003/54/EC
Annex A – point (d)
Annex A – point (d)
14(e) In Annex A, point (d) is amended as follows: '(d) are offered a wide choice of payment methods so as to avoid discriminating against vulnerable clients, including pre- pay meters and calculation systems free of charge where appropriate. Any difference in terms and conditions shall reflect the costs to the supplier of the different payment systems. General terms and conditions shall be fair and transparent. They shall be given in clear and comprehensible languages. Customers shall be protected against unfair or misleading selling methods pursuant to Directive 2005/29/EC, including any non- contractual obstacles created by the operator,'
Amendment 81 #
Proposal for a directive – amending act
Article 1 – point 14 g (new)
Article 1 – point 14 g (new)
Directive 2003/54/EC
Annex A – point (f)
Annex A – point (f)
(14g) in annex A point f is amended as follows: '(f) benefit from transparent, simple and inexpensive procedures for dealing with their complaints. Such procedures shall enable disputes to be settled fairly and promptly, within three months, with provision warranted for a system of reimbursement and/or compensation, they should follow wherever possible the principle set out in Commission Recommendation 98/257/EC',
Amendment 82 #
Proposal for a directive – amending act
Article 1 – point 15
Article 1 – point 15
Directive 2003/54/EC
Annex A – point (h)
Annex A – point (h)
(h) have at their disposal their consumption data, and shall be able to, by explicit agreement and free of charge, give any undertaking with a supply license access to which may include the supply of energy in a specific area and all national and Communitsy metering datachanisms promoting energy efficiency. The party responsible for data management is obliged to give these data to the undertaking. Member States shall define a format for the data and a procedure for suppliers and consumers to have access to the data. No additional costs can be charged to the consumer for this service.
Amendment 83 #
Proposal for a directive – amending act
Article 1 – point 15
Article 1 – point 15
Directive 2003/54/EC
Annex A – point (i)
Annex A – point (i)
(i) shall be properly informed every month of actual electricity consumption and costs. No additional costs can be charged to the consumer for this service. , which may include the supplier of available energy in a specific area and all national and Community mechanisms to promote energy efficiency. No additional costs can be charged to the consumer for this service. Smart meters accurately recording the levels and times of energy consumption shall be installed in all homes by 2015.
Amendment 87 #
Proposal for a directive – amending act
Article 1 – point 15 c (new)
Article 1 – point 15 c (new)
Directive 2003/54/EC
Annex A – paragraph 1 c (new)
Annex A – paragraph 1 c (new)
(15c) In Annex A, a new paragraph shall be inserted: The European Charter on the Rights of Energy Consumers drawn up by the Commission shall serve as a basis for the consumer protection guidelines, recommended by the Agency to the Commission.