27 Amendments of Adam BIELAN related to 2021/0425(COD)
Amendment 111 #
Proposal for a directive
Article 2 – paragraph 1 – point 41 a (new)
Article 2 – paragraph 1 – point 41 a (new)
(41 a) ‘protected customer’ means protected customer as defined in point (5) of Article 2 of Regulation (EU) 2017/1938 of the European Parliament and of the Council;
Amendment 115 #
Proposal for a directive
Article 2 – paragraph 1 – point 71
Article 2 – paragraph 1 – point 71
(71) ‘active customer’ means a final natural gas customer, or a group of jointly acting final natural gas or hydrogen customers, who consumes or stores renewable gas, or hydrogen, produced within its premises located within confined boundaries or, where permitted by a Member State, within other premises, or who sells self-produced renewable gas or hydrogen using the natural gas or hydrogen system, or participates in energy efficiency schemes, provided that those activities do not constitute its primary commercial or professional activity;
Amendment 117 #
Proposal for a directive
Article 4 – paragraph 2
Article 4 – paragraph 2
2. Member States shall ensure the protection of energy poor and vulnerable household customers pursuant to Articles 25 by social policy or by other means than public interventions in the price setting for the supply of gases.
Amendment 119 #
Proposal for a directive
Article 4 – paragraph 3
Article 4 – paragraph 3
3. By way of derogation from paragraphs 1 and 2, Member States may apply public interventions in the price setting for the supply of natural gas to energy poor or vulnerable househol, protected customers. Such public interventions shall be subject to the conditions set out in paragraphs 4 and 5.
Amendment 121 #
Proposal for a directive
Article 4 – paragraph 3 a (new)
Article 4 – paragraph 3 a (new)
3 a. When faced with crisis or other unprecedented circumstances leading to sudden price increase and destabilisation of the energy market, the subjects of intervention could be expanded beyond the protected customers in order to avoid significant, adverse impact on society and economy.
Amendment 126 #
Proposal for a directive
Article 10 – paragraph 1
Article 10 – paragraph 1
1. Member States shall ensure that all final customers are entitled to have gases provided by a supplier, subject to the supplier's agreement, regardless of the Member State in which the supplier is registered, provided that the supplier is awarded by national regulatory authority where the gas is supplied with required authorisation in line with Article 7(2) and follows the applicable trading and balancing rules. In that regard, Member States shall take all measures necessary to ensure that administrative procedures do not discriminate against suppliers already registered in another Member State.
Amendment 130 #
Proposal for a directive
Article 10 – paragraph 3 – subparagraph 1
Article 10 – paragraph 3 – subparagraph 1
Conditions shall be fair and well known in advance. In any case, the information shall be provided in consumer friendly and unambiguous language, prior to the conclusion or confirmation of the contract. Where contracts are concluded through intermediaries, the information referred to points (a) to (f) shall also be provided prior to the conclusion of the contract.
Amendment 143 #
Proposal for a directive
Article 11 – paragraph 1
Article 11 – paragraph 1
1. Customers shall have the right to switch gases suppliers or market participants. Member States shall ensure that a customer wishing to switch suppliers or market participants, while respecting contractual conditions, is entitled to such a switch within a maximum of three weeks from the date of the request. By 20268 at the latest, the technical process of switching supplier or market participant shall take no longer than 724 hours and shall be possible on any working day.
Amendment 146 #
Proposal for a directive
Article 11 – paragraph 4 a (new)
Article 11 – paragraph 4 a (new)
4 a. Where customers are obliged to switch gases as a result of other Union policies and as a consequence will be disproportionately affected, where applicable, the Member State shall conduct distributional impact assessment of the planned fuel switch, as well as to put in place plans and measures to mitigate and resolve inequities resulting from policies that decarbonise the energy system. The Commission shall assist Member States and provide resources facilitating implementation of these plans and measures.
Amendment 157 #
Proposal for a directive
Article 13 – paragraph 2 – point b
Article 13 – paragraph 2 – point b
(b) entitled to sell self-produced renewable natural gases or hydrogen using the natural gas or hydrogen system,
Amendment 158 #
Proposal for a directive
Article 13 – paragraph 2 – point f
Article 13 – paragraph 2 – point f
(f) are financially responsible for the imbalances they cause in the natural gas or hydrogen system or shall delegate their balancing responsibility in accordance with Article 3 (e) of [recast Gas Regulation as proposed in COM(2021) xxx].
Amendment 159 #
Proposal for a directive
Article 13 – paragraph 4 – introductory part
Article 13 – paragraph 4 – introductory part
4. Member States shall ensure that active customers that own facilities that store renewable gas or hydrogen:
Amendment 160 #
Proposal for a directive
Article 13 – paragraph 4 – point a
Article 13 – paragraph 4 – point a
(a) where it does not lead to the destabilisation of a system, have the right to a grid connection within a reasonable time after they made a request to that effect, provided that all necessary conditions, such as balancing responsibility, are fulfilled;
Amendment 161 #
Proposal for a directive
Article 13 – paragraph 4 – point b
Article 13 – paragraph 4 – point b
(b) are not subject to any double charges, including network charges, for stored renewable gas or hydrogen remaining within their premises;
Amendment 163 #
Proposal for a directive
Article 14 – paragraph 1 – point e
Article 14 – paragraph 1 – point e
(e) citizen energy communities are subject to non-discriminatory, fair, proportionate and transparent procedures and charges, including with respect to grid connection, registration and licensing, and to transparent, non-discriminatory and cost-reflective network charges, ensuring that they contribute in an adequate and balanced way to the overall cost sharing of the natural gas or hydrogen system.
Amendment 165 #
Proposal for a directive
Article 14 – paragraph 3 – point a
Article 14 – paragraph 3 – point a
(a) are able to access all natural gas or hydrogen markets in a non-discriminatory manner;
Amendment 166 #
Proposal for a directive
Article 14 – paragraph 3 – point c
Article 14 – paragraph 3 – point c
(c) are financially responsible for the imbalances they cause in the natural gas or hydrogen system or shall delegate their balancing responsibility in line with Article 3 (e) of [recast Gas Regulation as proposed in COM(2021) xxx];
Amendment 167 #
(e) are entitled to arrange within the citizen energy community the sharing of renewable gas or hydrogen that are produced by the production units owned by the community, subject to other requirements laid down in this Article and subject to the community members retaining their rights and obligations as final customers.
Amendment 169 #
Proposal for a directive
Article 17 – paragraph 1
Article 17 – paragraph 1
1. Member States shall ensure the deployment of smart metering systems that can accurately measure consumption, provide information on actual time of use, and are capable to transmit and receive data for information, monitoring and control purposes, using a form of electronic communication. Such deployment may be subject to a cost-benefit assessment.
Amendment 170 #
Proposal for a directive
Article 20 – paragraph 1
Article 20 – paragraph 1
1. Where final natural gas customers do not have smart meters, Member States shall ensure that, in so far as it is technically possible, financially feasible, and proportionate to the potential energy savings, final customers are provided with individual conventional meters that accurately measure their actual consumption.
Amendment 176 #
Proposal for a directive
Article 25 – paragraph 1
Article 25 – paragraph 1
Member States shall take appropriate measures such as foreseen in Article 4 (3), (3a), to protect final 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 include customers such as the protected consumers. Measures to protect vulnerable consumers may include, inter alia, to the prohibition of disconnection to such customers in critical times.
Amendment 177 #
Proposal for a directive
Article 25 – paragraph 2
Article 25 – paragraph 2
In particular, Member States shall take appropriate measures to address energy poverty where identified pursuant to point (d) of Article 3(3) of Regulation (EU) 2018/1999, including in the broader context of poverty and to protect final customers in remote areas who are connected to the natural gas or hydrogen systems. Among others, Member States may appoint a supplier of last resort for household customers, and, where Member States deem it to be appropriate, small enterprises considered to be vulnerable customers connected to the gas system.. They shall ensure high levels of consumer protection, particularly with respect to transparency regarding contractual terms and conditions, general information and dispute settlement mechanisms.
Amendment 181 #
Proposal for a directive
Article 25 a (new)
Article 25 a (new)
Article 25 a Energy poverty When assessing the number of customers in energy poverty pursuant to point (d) of Article 3(3) of Regulation (EU) 2018/1999, Member States shall establish and publish a set of criteria, which may include low income, high expenditure of disposable income on energy and poor energy efficiency.
Amendment 182 #
Proposal for a directive
Article 27 – paragraph 1
Article 27 – paragraph 1
1. Member States shall ensure the implementation of a system of third party access to the transmission and distribution system, and LNG facilities based on published tariffs, applicable to all customers, including supply undertakings, and applied objectively and without discrimination between system users. Member States shall ensure that those tariffs, or the methodologies underlying their calculation, are approved prior to their entry into force in accordance with Article 72 by a regulatory authority referred to in Article 70 and that those tariffs — and the methodologies, where only methodologies are approved — are published prior to their entry into force. Tariff discounts can be granted only if so provided by Union legislationaw or exceptionally where duly justified by the Member State and necessary to combat energy poverty among protected consumers.
Amendment 183 #
Proposal for a directive
Article 27 – paragraph 2
Article 27 – paragraph 2
2. The provisions of this Directive shall not prevent the conclusion of long- term contracts for renewable and low carbon gases in so far as they comply with Union competition rules and contribute to decarbonisation. No long-term contracts for supply of unabated fossil gas shall be concluded with a duration beyond the end of year 2049 .
Amendment 185 #
Proposal for a directive
Article 34 – paragraph 1
Article 34 – paragraph 1
1. Natural gas and hydrogen undertakings may refuse access or connection to the natural gas or hydrogen system on the basis of lack of capacity or if it could interrupt fulfilment of the public interest objectives such as security, quality and affordable cost of the supply proposed to final consumers. Duly substantiated reasons shall be given for any such a refusal.
Amendment 186 #
Proposal for a directive
Article 48 – paragraph 2 a (new)
Article 48 – paragraph 2 a (new)
2 a. Member States may allow regulatory authorities to grant a derogation from Article 31 for hydrogen networks which transport hydrogen from one entry point to a limited number of exit points within a geographically confined, industrial or commercial areas. 2 b. The derogations under paragraph 2a shall apply at least until 31December 2030 and the rules for negotiated third party access from Article 31paragraphs 4 and 5 shall be applied accordingly.