40 Amendments of Emma WIESNER related to 2023/0077(COD)
Amendment 202 #
Proposal for a regulation
Recital 6
Recital 6
(6) A well-integrated market which builds on the Clean Energy for all Europeans Package adopted in 2018 and 201926 should allow the Union to reap the economic benefits of a single energy market in normal market circumstances, ensuring security of supply and sustaining the decarbonisation process. Cross-border interconnectivity also ensures safer, more reliable and efficient operation of the power system. To this end, the Commission should consider how to improve monitoring and enforcement of the 2019 Electricity Market Regulations, including the obligation to make 70% of interconnector capacity available for cross-border trade. Furthermore, the Commission should consider to increase the 70% obligation, and limit possible derogations, to make the electricity market fit for an energy system primarily based on renewable energy, which merits a need for better interconnection to sustain a high security of supply. _________________ 26 Regulation (EU) 2018/1999 of the European Parliament and of the Council of 11 December 2018 on the Governance of the Energy Union and Climate Action, OJ L 328, 21.12.2018, p. 1; Directive (EU) 2018/2001 of the European Parliament and of the Council of 11 December 2018 on the promotion of the use of energy from renewable sources (recast), OJ L 328, 21.12.2018, p. 82; Directive (EU) 2018/2002 of the European Parliament and of the Council of 11 December 2018 amending Directive 2012/27/EU on energy efficiency, OJ L 328, 21.12.2018, p. 210; Regulation (EU) 2019/942 of the European Parliament and of the Council of 5 June 2019 establishing a European Union Agency for the Cooperation of Energy Regulators (recast), OJ L 158, 14.6.2019, p. 22; Regulation (EU) 2019/943 of the European Parliament and of the Council of 5 June 2019 on the internal market for electricity (recast), OJ L 158, 14.6.2019, p. 54; Directive (EU) 2019/944 of the European Parliament and of the Council of 5 June 2019 on common rules for the internal market for electricity (recast), OJ L 158, 14.6.2019, p. 125.
Amendment 225 #
Proposal for a regulation
Recital 14 a (new)
Recital 14 a (new)
(14a) Member States should design their bidding zones to reflect the physical reality of the transmission grid. This is important as the electricity demand of the EU is expected to double en route to climate neutrality. Moreover, if green hydrogen is to develop into industrial scale, the need for well-designed bidding zones increases further. If green hydrogen production is placed nearby renewable energy facilities, it could ease the pressure on transmission grids. Conversely, if operators place green hydrogen production nearby consumption centres, which they are incentivized to do, if bidding zones do not reflect the physical reality, it could double the pressure on transmissions grids.
Amendment 255 #
Proposal for a regulation
Recital 22 a (new)
Recital 22 a (new)
(22a) Network tariff structures must be designed in a way that guarantees that the economic regulation of grid operators is dependable, stable and with sufficient economic return (WACC) that ensures enough investments and sector investability. Any provisions in the existing national regulatory regimes in the tariff design that hamper the necessary network expansion and digitalization must be removed.
Amendment 260 #
Proposal for a regulation
Recital 23
Recital 23
(23) Offshore renewable energy sources, such as offshore wind, ocean energy and floating photovoltaic, will play an instrumental role in building a power system largely based on renewables and in ensuring climate neutrality by 2050. There are, however, substantial obstacles to their wider and efficient deployment preventing the massive scale up needed to achieve those objectives. Similar obstacles could arise for other offshore technologies in the future. These obstacles include investment risks associated with the unique topographical situation of offshore hybrid projects connected to more than one market. In order to reduce investment risk for these offshore project developers and to ensure that the projects in an offshore bidding zone have full market access to the surrounding markets, transmission system operators should guarantee access of the offshore project to the capacity of the respective hybrid interconnector for all market time units. If the available transmission capacities are reduced to the extent that the full amount of electricity generation that the offshore project would have otherwise been able to export cannot be delivered to the market, the offshore generator should be compensated for the commensurate revenue loss. To that end the transmission system operator or operators responsible for the need to limit the capacity shouldall, in future, be enabled to contribute to the compensateion of the offshore project operator commensurately using congestion income, which is earned additionally on the interconnector due to the capacity restriction. This compensation should only be related to the production capability available to the market, which may be weather dependent and excludes the outage and maintenance operations of the offshore project. The details, including the conditions under which the measure may expire, are intended to be defined in an implementing Regulation.
Amendment 263 #
Proposal for a regulation
Recital 26
Recital 26
(26) To reach the Union’s decarbonisation targets and the objectives set out in REPowerEU to become more energy independent, the Union needs to accelerate the deployment of renewables at a much faster pace. In view of the investment needs required to achieve these goals, the market should ensure that a long- term price signal is established. The benefit of renewables and flexibility from consumers can be harvested only to the extent the grid deployment keeps up with more anticipatory and least regret investments. All obstacles to the necessary and efficient growth of the infrastructure that might be existing in the national regulatory regimes today must be abolished.
Amendment 265 #
Proposal for a regulation
Recital 27
Recital 27
(27) In this framework, Member States should strive to create the right market conditions for long-term market-based instruments, such as power purchase agreements (‘PPAs’). PPAs are bilateral purchase agreements between producers and buyers of electricity. They provide long-term price stability for the customer and the necessary certainty for the producer to take the investment decision. Nevertheless, only a handful of Member States have active PPA markets and buyers are typically limited to large companies, not least because PPAs face a set of barriers, in particular the difficulty to cover the risk of payment default from the buyer in these long-term agreements. Member States should take into consideration the need to create a dynamic PPA market when setting the policies to achieve the energy decarbonisation objectives set out in their integrated national energy and climate plans. Regulatory unpredictability, instability and retroactivity would undermine the ability of PPAs to contribute to the clean energy transition and energy independence.
Amendment 267 #
Proposal for a regulation
Recital 27 a (new)
Recital 27 a (new)
(27a) The need to provide regulatory stability and a predictable investment climate for the necessary investment in the European power sector is also the reason why the inframarginal revenue cap, temporarily introduced via Art. 10 of Council Regulation 2022/0289(NLE), is not integrated in a structural manner in this Regulation.
Amendment 268 #
Proposal for a regulation
Recital 28
Recital 28
(28) According to Article 15(8) of Directive (EU) 2018/2001 of the European Parliament and of the Council, Member States are to assess the regulatory and administrative barriers to long-term renewables PPAs, and shall remove unjustified barriers to, and promote the uptake of, such agreements. In addition, Member States are to describe policies and measures facilitating the uptake of renewables PPAs in their integrated national energy and climate plans. Without prejudice to that obligation to report on the regulatory context affecting the PPA market, Member States shouldmay ensure that instruments to reduce the financial risks associated to the buyer defaulting on its long-term payment obligations in the framework of PPAs are accessible to companies that face entry barriers to the PPA market and are not in financial difficulty in line with Articles 107 and 108 TFEU. Member States could decide to set up a guarantee scheme at market prices. Alternatively, Member States may put in place such instruments to make hedging products in the forward market accessible to customers that face entry barriers to the forward market. Member States should include provisions to avoid lowering the liquidity in the electricity markets, in particular the forward market, such as by using financial PPAs. Member States should not provide support to PPAs that purchase generation from fossil fuels. While the default approach should be non- discrimination between consumers, Member States could decide to target these instruments to specific categories of consumers, applying objective and non- discriminatory criteria. In this framework, Member States should take into account the potential role of instruments provided at Union level, for instance by the European Investment Bank (‘EIB’).
Amendment 277 #
Proposal for a regulation
Recital 30
Recital 30
(30) Where Member States decide to support publicly financed new investments (“direct price support schemes”) in low carbon, non-fossil fuel electricity generation to achieve the Union’s decarbonisation objectives, those schemes should be structured by way of two-way contracts for difference, or other similar arrangements, such as to include, in addition to a revenue guarantee, an upward limitation of the market revenues of the generation assets concerned. Such schemes shall be allocated through a voluntary, competitive, open, transparent, non- discriminatory, and cost- effective procedure, in accordance with State Aid Rules, preventing undue distortions to the efficient functioning of electricity markets. New investments for the generation of electricity should include investments in new power generating facilities, investments aimed at repowering existing power generating facilities, investments aimed at extending existing power generating facilities or at prolonging their lifetime.
Amendment 291 #
Proposal for a regulation
Recital 35
Recital 35
(35) Furthermore, Member States should ensure that the direct price support schemes, irrespective of their form, do not undermine the efficient, competitive and liquid functioning of the electricity markets, preserving the incentives of producers to react to market signals, including stop generating when electricity prices are below their operational costs, and of final customers to reduce consumption when electricity prices are high. Member States should ensure that support schemes do not hamper forward market liquidity and retail competition, as well as constitute a barrier for the development of commercial contracts such as PPAs.
Amendment 331 #
Proposal for a regulation
Recital 44
Recital 44
(44) Consumers should have access to a wide range of offers so that they can choose a contract according to their needs. However, suppliers have reduced their offers, fixed-price contracts have become scarce, and the choice of offers has become limited. Consumers should always have the possibility to opt for an afford reasonable fixed price and fixed term contract to ensure a stable price over a given period and suppliers should not unilaterally modify the terms and conditions before such contract expires.
Amendment 404 #
(77) ‘power purchase agreement’ or ‘PPA’ means a contract under which a natural or legal person agrees to purchase electricity from an electricity producer on a market basis;
Amendment 416 #
Proposal for a regulation
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Regulation (EU) 2019/943
Article 2 – point 80a (new)
Article 2 – point 80a (new)
(80a) ‘power control system (PCS)’ means systems or devices, such as electric energy management systems, smart inverters or hybrid inverters for storage and V2X, which electronically limit or control the steady state AC currents, DC currents or AC power at a reference point to a programmable limit or level;
Amendment 420 #
Proposal for a regulation
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Regulation (EU) 2019/943
Article 2 – point 80b (new)
Article 2 – point 80b (new)
(80b) ‘intraday market timeframe’ means the timeframe of the electricity market from single intraday coupling gate opening time until the latest point in time when intraday trading is allowed in a given bidding zone including time periods after the intraday cross-zonal gate closure time;
Amendment 422 #
Proposal for a regulation
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Regulation (EU) 2019/943
Article 2 – point 80c (new)
Article 2 – point 80c (new)
(80c) ‘day-ahead market timeframe’ means the timeframe of the electricity market from the single day-ahead coupling gate opening time until the time when the single day-ahead coupling results are published;
Amendment 425 #
Proposal for a regulation
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Regulation (EU) 2019/943
Article 2 – point 80d (new)
Article 2 – point 80d (new)
(80d) ‘distributed energy resource system’ means distributed renewable generation resources, including energy storage.
Amendment 503 #
Proposal for a regulation
Article 1 – paragraph 1 – point 4
Article 1 – paragraph 1 – point 4
Regulation (EU) 2019/943
Article 7b, paragraph 1
Article 7b, paragraph 1
1. “Without prejudice to article 19 of Directive 2019/944, Member States shall allow transmission system operators and distribution system operators to use data from dedicated metering devices for the observability and, settlement and billing of demand response and, flexibility services and energy sharing, including from storage systems.
Amendment 535 #
Proposal for a regulation
Article 1 – paragraph 1 – point 5 – point b
Article 1 – paragraph 1 – point 5 – point b
Regulation (EU) 2019/943
Article 8, paragraph 3
Article 8, paragraph 3
NEMOs shall provide products for trading NEMOs shall provide products for trading in day-ahead and intraday markets which in day-ahead and intraday markets which are sufficiently small in size, with are sufficiently small in size, with minimum bid sizes of 100kW or less, to minimum bid sizes of 100kW or less, to allow for the effective participation of allow for the effective participation of demand-side response, energy storage and demand response, energy storage and small-scale renewables including direct small-scale renewables including direct participation by customers. participation by customers.
Amendment 554 #
Proposal for a regulation
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Regulation (EU) 2019/943
Article 9, paragraph 1, point ii (b)
Article 9, paragraph 1, point ii (b)
(b) include a methodology for the calculation of the reference prices for the virtual hubs for the forward market, aiming to maximise theachieve high correlations between the reference price and the prices of the bidding zones constituting a virtual hub; such methodology shall be applicable to all virtual hubs and based on predefined objective criteria;
Amendment 590 #
Proposal for a regulation
Article 1 – paragraph 1 – point 7 – point a
Article 1 – paragraph 1 – point 7 – point a
Regulation (EU) 2019/943
Article 18, paragraph 2
Article 18, paragraph 2
2. Tariff methodologies shall reflect the fixed costs of transmission system operators and distribution system operators and shall consider both capital and operational expenditure, or an efficient combination of both, to provide appropriate incentives to transmission system operators and distribution system operators over both the short and long run, including anticipatory investments, in order to increase efficiencies, including energy efficiency, to foster market integration and security of supply, to support the use of flexibility services, efficient investmentsand cost-effective investments and network infrastructure reinforcement to facilitate the energy transition including solutions to optimise the existing grid and ensure the development of a smart grid and facilitate demand response and related research activities, and to facilitate innovation in the interest of consumers in areas such as digitalisation, flexibility services and interconnection; , more specifically to develop the required infrastructure to reach the minimum 15% electricity interconnection targets set out in point (1) of Article 4(d) of Regulation (EU) 2018/1999. In setting anticipatory investments, regulatory authorities shall take careful consideration of the electricity network needs reflected in national or local development plans for energy, electric transport and heating sectors, including renewable acceleration areas, plans for electric vehicle charging infrastructure and for heat pump deployment, where applicable. The regulatory authorities in collaboration with transmission and distribution system operators shall develop a framework to assess whether transmission and distribution system operators adequately consider in their network development plans all types of anticipatory investments described above and adequate cost-benefit analysis methodology for assessing the impact of such investments; Network tariffs should be designed to provide the right incentives to system operators by combining a timely recognition of traditional investments in physical networks and adequate returns, with a flexible reflection of operational cost. Any obstacle in national regulation to the necessary and efficient investments must be abolished.
Amendment 596 #
Proposal for a regulation
Article 1 – paragraph 1 – point 7 – point a
Article 1 – paragraph 1 – point 7 – point a
Regulation (EU) 2019/943
Article 18, paragraph 2b
Article 18, paragraph 2b
2a. Tariff methodologies shall not allow for double network charges and taxation.
Amendment 600 #
Proposal for a regulation
Article 1 – paragraph 1 – point 7 – point b
Article 1 – paragraph 1 – point 7 – point b
Regulation (EU) 2019/943
Article 18, paragraph 8
Article 18, paragraph 8
8. Transmission and distribution tariff methodologies shall provide incentives to transmission and distribution system operators for the most cost-efficient operation and development of their networks including through the procurement of services. For that purpose, regulatory authorities shall recognise relevant costs as eligible, including those related to anticipatory investments, shall include those costs in transmission and distribution tariffs, and shall introduce performance targets in order to provide incentives to transmission and distribution system operators to increase efficiencies in their networks, including through energy efficiency, the use of flexibility services and the development of smart grids and intelligent metering systems.
Amendment 603 #
Proposal for a regulation
Article 1 – paragraph 1 – point 7 – point d Regulation (EU) 2019/943
Article 1 – paragraph 1 – point 7 – point d Regulation (EU) 2019/943
(i) incentives for efficient investments in networks, including on flexibilityle resources and flexible connection agreements.
Amendment 613 #
Proposal for a regulation
Article 1 – paragraph 1 – point 8 – point b
Article 1 – paragraph 1 – point 8 – point b
Regulation (EU) 2019/943
Article 19, paragraph 2, point ca (new)
Article 19, paragraph 2, point ca (new)
Amendment 628 #
Proposal for a regulation
Article 1 – paragraph 1 – point 9
Article 1 – paragraph 1 – point 9
Regulation (EU) 2019/943
Chapter IIIa, Article 19a, paragraph 1
Chapter IIIa, Article 19a, paragraph 1
1. Member States shall facilitaremove barriers for all consumers to enter power purchase agreements (‘PPAs’) with a view to reaching the objectives set out in their integrated national energy and climate plan with respect to the dimension decarbonisation referred to in point (a) of Article 4 of Regulation (EU) 2018/1999, while preserving competitive and liquid electricity markets.
Amendment 903 #
Proposal for a regulation
Article 1 – paragraph 1 – point 9
Article 1 – paragraph 1 – point 9
Regulation (EU) 2019/943
Article 19 d
Article 19 d
Based on the report of the regulatory authority pursuant to Article 19c(1), each Member State shall define an indicative national objective for demand side response and storageall non-fossil flexibility sources which considers the most cost-efficient solutions, all time frames (hourly, daily, and seasonal), and the availability of cross-border capacity. Thisese indicative national objectives shall also be reflected in Member States’ integrated national energy and climate plans as regards the dimension ‘Internal Energy Market’ in accordance with Articles 3, 4 and 7 of Regulation (EU) 2018/1999 and in their integrated biennial progress reports in accordance with Article 17 of Regulation (EU) 2018/1999.
Amendment 912 #
Proposal for a regulation
Article 1 – paragraph 1 – point 9
Article 1 – paragraph 1 – point 9
Regulation (EU) 2019/943
Article 19 e – paragraph 1
Article 19 e – paragraph 1
1. Member States which apply a capacity mechanism in accordance with Article 21 shall consider the promotion ofpromote the participation of non-fossil flexibilityle resources such as demand side response and storage by introducing additional criteria or features in the design of the capacity mechanism, including contracts of at least fifteen years for newly built capacity; Participation in other markets shall also be allowed while receiving capacity payments, with safeguards to guarantee the capacity is provided in times of need. Member States that already introduced flexibility support schemes on [entry into force] shall adapt their mechanisms to comply with Article 19(f) without prejudice to commitments or contracts concluded by 31 December 2025.
Amendment 938 #
Proposal for a regulation
Article 1 – paragraph 1 – point 9
Article 1 – paragraph 1 – point 9
Regulation (EU) 2019/943
Article 19 e – paragraph 2
Article 19 e – paragraph 2
2. Where the measures introduced in accordance with paragraph 1 to promote the participation of non-fossil flexibilityle resources such as demand response and storage in capacity mechanisms are insufficient to achieve the flexibility needs identified in accordance with19d, Member States may apply flexibility support schemes consisting of payments for the available capacity of non-fossil flexibilityle resources such as demand side response and storage.
Amendment 950 #
Proposal for a regulation
Article 1 – paragraph 1 – point 9
Article 1 – paragraph 1 – point 9
Regulation (EU) 2019/943
Article 19 e – paragraph 3
Article 19 e – paragraph 3
3. Member States which do not apply a capacity mechanism may apply flexibility support schemes consisting of payments for the available capacity of non-fossil flexibilityle resources such as demand side response and storage.
Amendment 963 #
Proposal for a regulation
Article 1 – paragraph 1 – point 9
Article 1 – paragraph 1 – point 9
Regulation (EU) 2019/943
Article 19 f
Article 19 f
Flexibility support scheme for non-fossil flexibilityle resources such as demand response and storage applied by Member States in accordance with Article 19e(2) and (3) shall:
Amendment 978 #
Proposal for a regulation
Article 1 – paragraph 1 – point 9
Article 1 – paragraph 1 – point 9
Regulation (EU) 2019/943
Article 19 f – point (b)
Article 19 f – point (b)
(b) be limited to new investments in non-fossil flexibilityle resources such as demand side response and storage;
Amendment 989 #
Proposal for a regulation
Article 1 – paragraph 1 – point 9
Article 1 – paragraph 1 – point 9
Regulation (EU) 2019/943
Article 19 f – point f
Article 19 f – point f
(f) provide incentives for the integration in the electricity market in a market-based and market-responsive way, while avoiding unnecessary distortions of electricity markets as well as taking into account possible system integration costs, grid congestions and grid stability;
Amendment 1000 #
Proposal for a regulation
Article 1 – paragraph 1 – point 9 a (new)
Article 1 – paragraph 1 – point 9 a (new)
Regulation (EU) 2019/943
Article 21 – paragraph 8
Article 21 – paragraph 8
(9a) in Article 21, paragraph 8 is replaced by the following: ‘Capacity mechanisms shall be temporary. They shall be approved by the Commission for no longer than twenty years. They shall be phased out or the amount of the committed capacities shall be reduced on the basis of the implementation plans referred to in Article 20. Member States shall continue to apply the implementation plan after the introduction of the capacity mechanism
Amendment 1011 #
Proposal for a regulation
Article 1 – paragraph 1 – point 11 – point a
Article 1 – paragraph 1 – point 11 – point a
Regulation (EU) 2019/943
Article 50
Article 50
Transmission and distribution system operators shall publish in a clear and transparent manner, information on the capacity available for new connections in their respective areas of operation providing information with high resolution and grid granularity, while respecting security classified information and data confidentiality, including in congested areas if flexible energy storage connections can be accommodated, and update that information regularly as close to real time as possible, at least quarterly.
Amendment 1020 #
Proposal for a regulation
Article 1 – paragraph 1 – point 11 – point a
Article 1 – paragraph 1 – point 11 – point a
Regulation (EU) 2019/943
Article 50
Article 50
Transmission and distribution system operators shall also provide clear and transparent information to system users about the status and treatment of their connection requests. They shall provide such information within a period of three months from the submission of the request ;
Amendment 1051 #
Proposal for a regulation
Article 2 – paragraph 1 – point 1 – point b
Article 2 – paragraph 1 – point 1 – point b
Directive (EU) 2019/944
Article 2 – paragraph 15 a
Article 2 – paragraph 15 a
(15a) ‘fixed term, fixed price electricity supply contract’ means an electricity supply contract between a supplier and a final customer that guarantees the same contractual conditions, including the price, while it may, within a fixed price, include a flexible element with for example for the duration of the contract, including the price, which may include different pre-determined prices for different pre-defined time frames, such as peak and off -peak price variation, weekday/weekend, or seasonal variations, and where changes in the final bill can only result from elements that are not determined by suppliers, such as taxes and levies;
Amendment 1064 #
Proposal for a regulation
Article 2 – paragraph 1 – point 1 – point b
Article 2 – paragraph 1 – point 1 – point b
Directive (EU) 2019/944
Annex I – paragraph 5 – section 6
Annex I – paragraph 5 – section 6
(24aa) Annex I, paragraph 5, section 6 is amended as follows: The disclosure of electricity shall be done by for all energy sources using guarantees of origin, except in the cases referred to in points (a) and (b) of Article 19(8) of Directive (EU) 2018/2001.
Amendment 1099 #
Proposal for a regulation
Article 2 – paragraph 1 – point 3 – point c
Article 2 – paragraph 1 – point 3 – point c
Directive (EU) 2019/944
Article 11 – paragraph 1 a
Article 11 – paragraph 1 a
1a. Prior to the conclusion or extension of any contract, final customers shall be provided with a summary of the key contractual conditions in a prominent manner and in concise and simple language. This summary shall include at least information on total price, promotions, additional services, discounts contract duration and conditions for termination, including notice period and fees and penalties where relevant; whether the price is fixed or variable, indexed to wholesale prices; one-time payments where relevant, including activation fees and costs for the connection to the network (if applicable); payment frequency and method options; supplier’s contact details such as customer service’s address, telephone number and email, including, where relevant, identification of any intermediary; and include the rights referred to in points (a), (b), (d), (e) and (f) of Article 10(3). The Commission shall provide guidance in this regard.
Amendment 1108 #
Proposal for a regulation
Article 2 – paragraph 1 – point 3 – point d
Article 2 – paragraph 1 – point 3 – point d
Directive (EU) 2019/944
Article 12 – paragraph 3
Article 12 – paragraph 3
2a. Article 12(3) By way of derogation from paragraph 2, Member States shall grant suppliers or market participants engaged in aggregation the right to charge customers contract termination fees where those customers voluntarily terminate fixed-term, fixed-price electricity supply contracts before their maturity, provided that such fees are a part of a contract that the customer has voluntarily entered into and that such fees are clearly communicated to the customer before the contract is entered into. Such fees shall be proportionate and shall not exceed the direct economic loss to the supplier or the market participant engaged in aggregation resulting from the customer's termination of the contract, including the costs of any bundled investments or services that have already been provided to the customer as part of the contract. The burden of proving the direct economic loss shall be on the supplier or market participant engaged in aggregation, and the permissibility of contract termination fees shall be monitored by the regulatory authority, or by another competent national authority.
Amendment 1122 #
Proposal for a regulation
Article 2 – paragraph 1 – point 4
Article 2 – paragraph 1 – point 4
Directive (EU) 2019/944
Article 15 a – paragraph 1
Article 15 a – paragraph 1
1. All households, small and medium size and enterprises and public bodies have the right to participate in energy sharing as active customers.