24 Amendments of Andreas SCHWAB related to 2021/0425(COD)
Amendment 69 #
Proposal for a directive
Recital 4
Recital 4
(4) As part of the Package “Clean Energy for all Europeans” proposed by the Commission on 30 November 2016, Regulation (EU) 2019/9436 and Directive (EU) 2019/9447 brought about a further step in the development of the internal market for electricity with citizens at its core and contributing to the Union’s objectives of transition to a clean energy system and reducing greenhouse gas emissions. The internal market in natural gas and renewable gases should be built on those same principles and, in particular, ensure an equal level of consumer protection. _________________ 6 Regulation (EU) 2019/943 of the European Parliament and of the Council of 5 June 2019 on the internal market for electricity (OJ L 158, 14.6.2019, p. 54). 7 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 and amending Directive 2012/27/EU (OJ L 158, 14.6.2019, p. 125).
Amendment 72 #
Proposal for a directive
Recital 6
Recital 6
(6) This Directive aims to facilitate the penetration of renewable and low-carbon gases into the energy system enabling a shift from fossil gas and to allow these new gases to play an important role towards achieving the EU’s 2030 climate objectives and climate neutrality in 2050. The Directive aims also to set up a regulatory framework which enables and incentivises all market participants to take the transitional role of fossil gas into account while planning their activities to avoid lock-in effects and ensure gradual and timely phase-out of fossil gas notably in all relevant industrial sectors and for individual heating purposes while mitigating deepening energy poverty.
Amendment 75 #
Proposal for a directive
Recital 8
Recital 8
(8) In line with the EU Hydrogen Strategy, renewable hydrogen is expected to be deployed on a large-scale from 2030 onwards for the purpose of decarbonising certain sectors, ranging from aviation and shipping to hard-to-decarbonise industrial sectors. All final customers connected to hydrogen systems will benefit from consumer protection rules and basic consumer rights applicable to final customers connected to the natural gas system such as the right to switch supplier and accurate billing information. In those instances where customers are connected to the hydrogen network, e.g. industrial customers, they will benefit from the same consumer protection rights applicable to natural gas customers. However, consumer provisions designed to encourage household participation on the market such as price comparison tools, active customers and citizen energy communities do not apply to the hydrogen system.
Amendment 76 #
Proposal for a directive
Recital 10
Recital 10
(10) The freedoms which the Treaty guarantees the citizens of the Union — inter alia, the free movement of goods, the freedom of establishment and the freedom to provide services — are achievable only in a fully open market, which enables all consumers freely to choose their suppliers and all suppliers freely to deliver to their customers.. A fully integrated EU energy market must prioritise fair and open competition alongside a better connection of energy infrastructure between Member States.
Amendment 78 #
Proposal for a directive
Recital 11
Recital 11
(11) Consumer interests should be at the heart of this Directive and quality of service should be a central responsibility of natural gas undertakings. Existing rights of consumers and rights for access to essential services, including energy, and safeguarding against energy poverty, as stated in the European Pillar of Social Rights communication and the REPowerEU Plan need to be strengthened and guaranteed, and should include greater transparency. Consumer protection should ensure that all consumers in the wider remit of the Union benefit from a competitive gas and hydrogen market. Consumer rights should be enforced by Member States or, where a Member State has so provided, the regulatory authorities.
Amendment 81 #
Proposal for a directive
Recital 17
Recital 17
(17) Clear and comprehensible information should be made available to consumers concerning their rights in relation to the energy sector. The Commission has established , after consulting relevant stakeholders including Member States, regulatory authorities, consumer organisations and natural gas undertakings, an accessible, user-friendly energy consumer checklist providing consumers with practical information about their rights. That energy consumer checklist should be maintained to date,regularly maintained, updated and should reflect current market developments, where possible. It should be provided to all consumers and should be made publicly available.
Amendment 86 #
Proposal for a directive
Recital 24
Recital 24
(24) The switch from fossil gas to renewable alternatives, including biomethane, will concretise if energy from renewable sources becomes an available, attractive, non-discriminatory choice for consumers based on truly transparent information where the transition costs are fairly distributed among different groups of consumers and market players.
Amendment 87 #
Proposal for a directive
Recital 27
Recital 27
(27) To be coherent and effective, this mirroring approach should be encompass all consumer protection and empowerment provisions, whenever feasible and adaptable to the gas market. This should go from basic contractual rights and comprehensive pre-contractual information to rules for billing information, switching energy provider, having at disposal reliable comparison tools, protecting vulnerable and energy poor consumers, ensuring adequate data protection for smart meters and data management, and efficient alternative dispute resolution rules.
Amendment 90 #
Proposal for a directive
Recital 29
Recital 29
(29) The modernisation of the gas sector is expected to lead to substantial economic benefits in terms of botthrough improved retail competition while also delivering incentives and supports for new market entrants, and its social and distributional benefits and customer empowerment, including strengthened contractual rights and better available information on consumption and energy sources leading to greener and more price-competitive choices. Energy communities-of-interest should contribute to the uptake of renewable gas.
Amendment 92 #
Proposal for a directive
Recital 30
Recital 30
(30) Switching is an important indicator of consumer engagement as well as in important tool to boost competition on the natural gas market. Switching rates remain inconsistent among Member States and consumers are discouraged from switching by exit and termination fees. Although removing such fees might limit consumer choice by eliminating products based on rewarding consumer loyalty, restricting their use further should improve consumer welfare, consumer engagement and competition in the market, including promoting the use of hydrogen, biomethane and other low carbon gases.
Amendment 93 #
Proposal for a directive
Recital 31
Recital 31
(31) Shorter switching times are likely to encourage customers to search for better energy deals and switch supplier. With the increased deployment of information technology, by the year 2026, the technical switching process of registering a new supplier in a metering point at the market operator should typically be possible to complete within 248 hours on any working day. Ensuring that it is possible by that date for the technical process of switching to take place within 248 hours would minimise switching times, helping to increase consumer engagement and retail competition.
Amendment 95 #
Proposal for a directive
Recital 32
Recital 32
(32) Several factors impede consumers from accessing, understanding and acting upon the various sources of market information available to them. It follows that the comparability of offers should be improved and unjustified barriers to switching should be minimised to the greatest practicable extentremoved without unduly limiting consumer choice.
Amendment 96 #
Proposal for a directive
Recital 33
Recital 33
(33) Independent comparison tools, including websites, are an effective means for smaller customers to assess the merits of the different energy offers that are available on the market. They should aim to include the broadest possible range of available offers, and to cover the market as completely as is feasible so as to give the customer a representative overview in a clear and easy to understand manner. It is crucial that smaller customers have access to at least one comparison tool and that the information given on such tools be trustworthy, impartial and transparent and easy to understand. To that end, Member States could provide for a comparison tool that is operated by a national authority or a private company. It is also vital to provide customers with a clear and understandable pre-contractual information, so that they are fully aware about the details and consequences of the contract.
Amendment 102 #
Proposal for a directive
Recital 37
Recital 37
(37) Bills and billing information are an important means to inform and empower final customers. Energy bills remain the most common consumer concern and source of consumer complaints, a factor that contributes to the persistently low levels of consumer satisfaction and engagement in the gas sector. Provisions for billing information in the gas sector also lag behind rights granted to consumers in the electricity sector, therefore holding back the full potential of consumer engagement in the gas sector, particularly when it comes to renewable and low carbon gases. It is therefore necessary to align them and to set minimum requirements for bills and billing information in the gas sector, so that consumers have access to transparent, easy to understand information. Bills should convey information to the final consumers on their consumption and costs, thus facilitating comparison between offers and switching supplier, as well as information on their consumer rights (such as on alternative dispute resolution). In addition, bills should be a tool to actively engage consumers in the market, so that consumers can manage their consumption patterns and make greener choices. Consumers should be able to access accurate billing information in both online and offline formats.
Amendment 105 #
Proposal for a directive
Recital 39
Recital 39
(39) A key aspect in supplying customers is access to objective and transparent consumption data. Thus, consumers should have access to their consumption data and associated prices and services costs so that they can invite competitors to make an offer based on that information . Consumers should also have the right to be properly informed about their energy consumption and should be able to readily access that information. Prepayments should not place a disproportionate disadvantage on their users, while different payment systems should be non- discriminatory. Information on energy costs provided to consumers frequently enough should create incentives for energy savings because it will give customers direct feedback on the effects of investment in energy efficiency and change of behaviour.
Amendment 106 #
Proposal for a directive
Recital 44
Recital 44
(44) Greater consumer protection is guaranteed by the availability of effective means of dispute settlement for all consumers. Member States should provide for speedy and effective complaint handling procedures. Information about where and how to complain must be made available in consumer contracts and billing information.
Amendment 129 #
Proposal for a directive
Article 10 – paragraph 3 – point h
Article 10 – paragraph 3 – point h
(h) information relating to consumer rights, including clear and understandable information on complaint handling including how and where a complaint should be submitted and all the information referred to in this paragraph, clearly communicated on the bill or the hydrogen or natural gas undertaking's web site.
Amendment 131 #
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 clear and understandable information shall be provided 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 142 #
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. Switching supplier or market participant shall be carried out within the shortest possible time. 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 2026 at the latest, the technical process of switching supplier or market participant shall take no longer than 248 hours and shall be possible on any working day.
Amendment 147 #
Proposal for a directive
Article 11 – paragraph 4 a (new)
Article 11 – paragraph 4 a (new)
4 a. Member States should ensure that user-friendly information is offered to citizens in relation to the rules and process for switching suppliers in their respective Member State along with any relevant switching information as appropriate.
Amendment 154 #
Proposal for a directive
Article 12 – paragraph 4
Article 12 – paragraph 4
4. Member States shall appoint a competent authority to be responsible for issuing trust marks for comparison tools that meet the requirements set out in paragraph 1, and for ensuring that comparison tools bearing a trust mark continue to meetthose requirements. In particular, competent authorities shall carry out regular reviews of price comparison tools bearing a trust mark to ensure that the requirements of paragraph 1 are continually being met. That authority shall be independent of any market participants and comparison tool operators.
Amendment 162 #
Proposal for a directive
Article 14 – paragraph 1 – point d
Article 14 – paragraph 1 – point d
(d) subject to fair compensation as assessed by the regulatory authority, relevant distribution system operators cooperate with citizen energy communities to facilitate transfers of renewable natural gases such as biomethane within citizen energy communities;
Amendment 168 #
Proposal for a directive
Article 15 – paragraph 5 a (new)
Article 15 – paragraph 5 a (new)
5 a. All information provided to consumers, including contractual information, offers and billing information, shall be up-to-date, correct, complete and presented in a manner that facilitates comparison by final customers.
Amendment 172 #
Proposal for a directive
Article 23 – paragraph 1
Article 23 – paragraph 1
Each Member States shall ensure that one single points of contact areis established to provide customers with all necessary information concerning their rights, the applicable law and dispute settlement mechanisms available to them in the event of a dispute. Such single points of contact may be part of general consumer information points and may be the same entities as the single contact points for electricity referred to in Article 26 of Directive 2019/944/EU [on common rules for the internal market in electricity.