104 Amendments of Mia DE VITS
Amendment 3 #
2008/2122(INI)
Motion for a resolution
Recital C a (new)
Recital C a (new)
Ca. whereas in 2008, for the second successive year, the European Parliament approved the incorporation in the budget of a heading entitled ‘Promoting a more favourable environment for microcredit in the EU’, and whereas these appropriations might usefully be earmarked for the formation of own capital; whereas it is regrettable that the Commission communication makes no reference to this,
Amendment 22 #
2008/2122(INI)
Motion for a resolution
Recital O
Recital O
O. whereas several EU initiatives that entail elements of support for microcredit exist, and a more focused approach would be beneficialwhereas they should now be streamlined,
Amendment 23 #
2008/2122(INI)
Motion for a resolution
Recital O a (new)
Recital O a (new)
Oa. whereas, during periods of economic crisis, microcredit is potentially a useful means of taking action with a view to countering growing unemployment, provided that it can be combined with the retention of social security entitlements (unemployment benefits, income support, etc.),
Amendment 29 #
2008/2122(INI)
Motion for a resolution
Recommendation 2 – point a – introductory part
Recommendation 2 – point a – introductory part
(a) The (co-)financing of the following projects subject to such financing being specifically targeted at promoting the availability of microcredit for disadvantaged target groupsall persons and enterprises without direct access to credit as defined by Member States for their jurisdiction (such as, for example, the Roma society, immigrants, people living in deprived rural areas and women):
Amendment 31 #
2008/2122(INI)
Motion for a resolution
Recommendation 2 – point a - point i
Recommendation 2 – point a - point i
(i) the provision by national or European funds of guarantees for providers of microcredit;
Amendment 32 #
2008/2122(INI)
Motion for a resolution
Recommendation 2 – point a - point ii
Recommendation 2 – point a - point ii
(ii) the provision of business support services as additional services for microcredit borrowers, either by the providers of microcredit or by third parties, which is to include mandatory targeted training with measurable resulregular assessments for microcredit borrowers. This training can be financed under the Structural Funds;
Amendment 34 #
2008/2122(INI)
Motion for a resolution
Recommendation 2 – point b - point ii
Recommendation 2 – point b - point ii
(ii) (co-)finance projects only if welfare systems terminate benefit payments or pay benefits for only a short period of time after the granting of a microcreditprovided that this can be combined with the retention of social security entitlements (unemployment benefit, income support, etc.).
Amendment 11 #
2008/2006(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Underlines the potential added value of the Charter as an information tool collecting, clarifying and consolidating the energy rights of consumers as already adopted in the existing EU legislation; welcomes therefore the Commission's plan to elaborate an internet tool on consumer rights in energy, but highlights the need for a broader communication strategy for consumers who do not have internet access or for whom the internet is an unsuitable communication medium;
Amendment 25 #
2008/2006(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Asks the Commissions to develop and ffacilitate and coordinancte pilot projects for the provision to individual consumers of ‘smart meters’, accurately reflecting actual energy consumption and time of use, and to require Member States to ensure the provision of smart meters to all energy consumers within ten years;
Amendment 29 #
2008/2006(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Underlines the need of the development of standard invoices to be appliedfor standard information to be provided in bills by all suppliers, in order to increase their transparency and comparability, and to makeinclude details of who to contact in an emergency and how to make a complaint, as well as a reference to consumer rights, on the websites of electricity and gas companies and of the independent national regulators; ; as a minimum this information should be provided in the language of each of the Member State where the supplier is active and of the independent national regulators and consumer organisations; there should also be transparency of bundled costs relating, for example, to the delivery of the environmental and carbon agenda;
Amendment 43 #
2008/2006(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Calls on Member States to set up National Energy Action Plans, including target dates and deadlines for addressing energy poverty, and to report annually on and communicate such measures to the European Agency for regulators cooperation ; calls on the European Agency to monitor and report annually, in cooperation with the national authorities, on these measures and to communicate successful measures; and chart progress against targets;
Amendment 46 #
2008/2006(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Underlines the existence of NRAs in the MSember States, but deplores their limited power today; is of the opinion that Member States should ensure that NRAs have sufficient statutory powers and resources, and that they are motivated to use them;
Amendment 47 #
2008/2006(INI)
Motion for a resolution
Paragraph 16, indents 2 to 4
Paragraph 16, indents 2 to 4
– to approve the principles for determining network charges or the actual grids tariffs, and eventualpossibly their indexation mechanisms, – to monitor prices and all their components, including their indexation mechanisms, – to monitor, control and enforce consumer information provided by the suppliers – to protect consumers against unfair commercial practices and cooperate, in this respect, with the competent competition authorities, for at least the first five years after the market has been fully liberalised and until such time as it has been demonstrated that suppliers have and will continue to provide consumers with relevant, transparent and impartial information, – to protect consumers against unfair commercial practices and cooperate, in this respect, with the competent competition authorities, – to monitor and report on supplier performance against social obligations and provide a commentary on the environmental and social practices of the gas and electricity industries, including an assessment of affordability for low- income groups, – the need for each gas and electricity supplier to maintain a register of those consumers whose welfare would be compromised by the interruption or temporary loss of gas or electricity supply, and to share such data with the relevant authorities and agencies, – to make the existence of the register known to consumers, including details of eligibility and how an eligible consumer or a third party acting on their behalf can secure registration, – to provide measures and services to ensure a safe and continuous supply to those consumers who the register identifies as being electricity or gas dependent, or whose welfare would otherwise be compromised by the interruption or temporary loss of gas or electricity supply, – to ensure that communications with the consumer by the supplier, including billing, are available in media and formats that reflect consumers’ communication needs, to ensure that consumers are able to nominate a third party to act on their behalf in communications, including billing, with the supplier, and to make the availability of alternative media, formats and proxy arrangements known to consumers,
Amendment 48 #
2008/2006(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. NRAs shall dispose onMember States should ensure that NRAs have the necessary toolpowers in order to monitor the electricity and gas offers available on the market. Therefore, they shall have access to all decisive elements determining the prices, including at least, gas and electricity contracts terms and conditions and index formulas;
Amendment 55 #
2008/2006(INI)
Motion for a resolution
Paragraph 22
Paragraph 22
22. Acknowledges the important role of consumer organisations in ensuring the maximum is done to achieve a high level of energy consumer rights; all Member States should ensure that consumer organisations have sufficient resources to deal with essential services, including gas and electricity;
Amendment 77 #
2008/0098(COD)
Proposal for a regulation
Article 1
Article 1
This Regulation lays down conditions for the marketing of construction products by establishing rules on how to express the performance of construction products in relation to their essential characteristics and on the use of CE marking on those products.
Amendment 85 #
2008/0098(COD)
Proposal for a regulation
Article 2 – point 3
Article 2 – point 3
3. "essential characteristics" means those characteristics of the construction product which relate to all applicable requirements established at national, regional and local level with regard to the fulfilment of the basic works requirements.
Amendment 95 #
2008/0098(COD)
Proposal for a regulation
Article 2 – point 7
Article 2 – point 7
7. "manufacturer" means any natural or legal person who manufactures a construction product or who has such a product manufactured, and markets that product under his name or trademark;
Amendment 165 #
2008/0098(COD)
Proposal for a regulation
Article 6 – paragraph 4
Article 6 – paragraph 4
4. The declaration of performances shall be drawn up using the model set out in Annex III in the official language or languages of the Member State where the product is placed on the market.
Amendment 189 #
2008/0098(COD)
Proposal for a regulation
Article 9
Article 9
Each Member State shall ensure that the Product Contact Points established in accordance with Regulation (EC) N°…. of the European Parliament and of the Council also provide the information on any technical rules or regulatory provisions applicable to the incorporation, assembling or installation of a specific type of construction product in the territory of that Member State. Guidelines on the role and responsibility of contact points shall be drawn up by the Commission and adopted by the Standing Committee for Construction referred to in Article 51(1).
Amendment 169 #
2008/0016(COD)
Proposal for a directive
Recital 11
Recital 11
(11) To ensure that the overall targets are achieved, Member States should work towards an indicative trajectory tracing a path towards the achievement of their targets, and should establish a national action plan including sectoral targets, while having in mind that there are different uses of biomass and therefore it is essential to mobilise new biomass resources. Member States should consider the use of existing energy-efficient conventional energy equipment in the heating and cooling sector combined with the gradual introduction of renewable energy sources, via thermal solar energy and bioliquids.
Amendment 239 #
2008/0016(COD)
Proposal for a directive
Recital 27
Recital 27
(27) Information and training gaps, especially in the heating and cooling sector, should be removed in order to encourage the deployment of energy from renewable sources. and hybrid systems combining conventional energy and renewable energy sources.
Amendment 568 #
2008/0016(COD)
Proposal for a directive
Article 8 – paragraph 3 a (new)
Article 8 – paragraph 3 a (new)
3a. Member States may permit guarantees of origin submitted in accordance with paragraph 1(a) and (b) to be transferred between persons in that Member State for purposes of proving the share or quantity of renewable energy in its energy mix. An energy supplier or energy consumer that uses those guarantees of origin as evidence of its share or quantity of renewable energy in its energy mix shall submit those guarantees of origin to the competent body for cancellation.
Amendment 593 #
2008/0016(COD)
Proposal for a directive
Article 9 – paragraph 3 – subparagraph 1
Article 9 – paragraph 3 – subparagraph 1
3. Subject to the provisions adopted pursuant to paragraph 2, guarantees of origin may be transferred between persons in different Member States provided they have been issued in relation to energy produced from renewable sources by installations that became operational after the date of entry into force of this Directive.
Amendment 630 #
2008/0016(COD)
Proposal for a directive
Article 12 – paragraph 1 – subparagraph 1
Article 12 – paragraph 1 – subparagraph 1
1. Member States shall ensure that any national rules concerning the authorisation, certification and licensing procedures that are applied to transmission and distribution lines, plants for the production of electricity, heating or cooling from renewable sources, and to the process of transformation of biomass into biofuels or other energy products, are proportionate and necessary.
Amendment 643 #
2008/0016(COD)
Proposal for a directive
Article 12 – paragraph 2
Article 12 – paragraph 2
2. Member States shall clearly define any technical specifications which must be met by renewable energy equipment and systems in order to be connected to the grid and benefit from support schemes. Where European standards exist, including eco-labels, energy labels and other technical reference systems established by the European standardisation bodies, such technical specifications shall be expressed in terms of those standards. Such technical specifications shall not prescribe where the equipment and systems are to be certified.
Amendment 733 #
2008/0016(COD)
Proposal for a directive
Article 14 – title
Article 14 – title
Access to the electricity grid and system development
Amendment 735 #
2008/0016(COD)
Proposal for a directive
Article 14 – paragraph 1
Article 14 – paragraph 1
1. Member States shall take the necessary steps to develop the grid infrastructure and the electricity system in order to allow the secure operation of the electricity system to accommodate the further development of electricity production from renewable energy sources, including interconnectors between Member States. Related to this development, authorisation procedures for grid facilities should be accelerated.
Amendment 746 #
2008/0016(COD)
Proposal for a directive
Article 14 – paragraph 2
Article 14 – paragraph 2
2. Without prejudice to the maintenance of the reliability and safety of the grid, Member States shall ensure that transmission system operators and distribution system operators in their territory guarantee the transmission and distribution of electricity produced from renewable energy sources. They shallmay also provide for priority accessconnection to the grid system of electricity produced from renewable energy sources. When dispatching electricity generating installations, transmission system operators shall give priorMember States may decide that transmission system operators shall give dispatch priority with market based balance responsibility to generating installations using renewable energy sources insofar as the security of the national electricity system permits.
Amendment 756 #
2008/0016(COD)
Proposal for a directive
Article 14 – paragraph 3 – subparagraph 1
Article 14 – paragraph 3 – subparagraph 1
3. Member States shall require transmission system operators and distribution system operators to set up and publish their standard rules relating to the bearing and sharing of costs of technical adaptations, such as grid connections and grid reinforcements, which are necessary in order to integrate new producers feeding electricity produced from renewable energy sources into the interconnected grid. Member States shall ensure that the changes in the costs caused by this Directive are taken into account and transmission system operators and distribution system operators are compensated in tariff structures.
Amendment 766 #
2008/0016(COD)
Proposal for a directive
Article 14 – paragraph 5
Article 14 – paragraph 5
5. Member States shall require transmission system operators and distribution system operators to provide any new producer wishing to be connected to the system with a comprehensive and detailed estimate of the costs associated with the connection based on the costs referred in paragraph 3. Member States may allow producers of electricity from renewable energy sources wishing to be connected to the grid to issue a call for tender for the connection work.
Amendment 769 #
2008/0016(COD)
Proposal for a directive
Article 14 – paragraph 6
Article 14 – paragraph 6
6. The sharing of costs referred in paragraph 3 shall be enforced by a mechanism based on objective, transparent and non-discriminatory criteria taking into account the benefits with regard to connection costs which initially and subsequently connected producers as well as transmission system operators and distribution system operators derive from the connections.
Amendment 31 #
2007/0196(COD)
Proposal for a directive – amending act
Recital 21 b (new)
Recital 21 b (new)
(21b) Consumer protection depends on the availability of effective channels of redress available to all. Member States should introduce rapid and effective arbitration procedures including extra judicial procedures and a collective redress mechanism to be followed up by an energy consumer ombudsman or an authority with a specific remit in each Member State.
Amendment 37 #
2007/0196(COD)
Proposal for a directive – amending act
Recital 23 c (new)
Recital 23 c (new)
(23c) Clear and comprehensible information should be made available to gas consumers concerning their rights in their dealings with the energy sector. In this context, the Commission must, after adoption of this directive, table 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 42 #
2007/0196(COD)
Proposal for a directive – amending act
Article 1 – point 1 – point b a (new)
Article 1 – point 1 – point b a (new)
Directive 2003/55/EC
Article 2 – point 36 a (new)
Article 2 – point 36 a (new)
(ba) The following point is added: "36a. "energy poverty", means a situation in which a residential user cannot afford to heat his home to an acceptable level. The 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 situation shall also be evaluated in the light of the scope for customers to purchase other energy services for their homes at a reasonable price. A residential user is poor in energy terms if energy expenditure as a percentage of total household expenditure exceeds twice the national average of energy expenditure.
Amendment 43 #
2007/0196(COD)
Proposal for a directive – amending act
Article 1 – – point 1 – point b
Article 1 – – point 1 – point b
Directive 2003/55/EC
Article 2 – point 36 b (new)
Article 2 – point 36 b (new)
36b. "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 48 #
2007/0196(COD)
Proposal for a directive – amending act
Article 1 – point 1 e (new)
Article 1 – point 1 e (new)
Directive 2003/55/EC
Article 3 – paragraph 3 a (new)
Article 3 – paragraph 3 a (new)
(1e) The following paragraph shall be inserted after paragraph 3: "3a. Member States shall appoint a supplier of last resort for customers connected to the gas network. Member States shall inform the public, the Commission and the Agency for regulators cooperation of the supplier-of- last-resort mechanism applied in order to prohibit any grid disconnection and therefore safeguard continuity of delivery."
Amendment 49 #
2007/0196(COD)
Proposal for a directive – amending act
Article 1 – point 1 f (new)
Article 1 – point 1 f (new)
Directive 2003/55/EC
Article 3 – paragraph 3 b (new)
Article 3 – paragraph 3 b (new)
Amendment 52 #
2007/0196(COD)
Proposal for a directive – amending act
Article 1 – point 1 i (new)
Article 1 – point 1 i (new)
Directive 2003/55/EC
Article 3 – paragraph 3 e (new)
Article 3 – paragraph 3 e (new)
(1i) The following paragraph shall be inserted after paragraph 3: "3e. Member States shall ensure that suppliers or network operators under their respective responsibilities install easily accessible help-lines, to deal with connection problems and other service quality issues occurring. They also shall establish a physical single entry point for any consumer information request. Member States shall ensure that suppliers and network operators put in place a common entry point for consumer complaints."
Amendment 53 #
2007/0196(COD)
Proposal for a directive – amending act
Article 1 – point 1 j (new)
Article 1 – point 1 j (new)
Directive 2003/55/EC
Article 3 – paragraph 3 f (new)
Article 3 – paragraph 3 f (new)
(1j) The following paragraph shall be inserted after paragraph 3: "3f. The Commission shall finance and develop pilot projects for the provision to individual consumers of “smart meters”, accurately reflecting actual energy consumption and time of use. On the basis of these pilot projects Member States shall ensure the proper provision of those meters in order to give consumers accurate information about energy consumption and to secure end-user efficiency. In conformity with Annex A point i)."
Amendment 54 #
2007/0196(COD)
Proposal for a directive – amending act
Article 1 – point 1 k (new)
Article 1 – point 1 k (new)
Directive 2003/55/EC
Article 3 – paragraph 5 a (new)
Article 3 – paragraph 5 a (new)
(1k) The following paragraph shall be inserted after paragraph 5: "5a. Member States shall take appropriate measures to combat energy poverty as part of their national energy plans, so as 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. The Member States may select an integrated approach to guarantee that the universal service and public service obligations are fulfilled. Such measures shall provide for greater energy efficiency and may include special tariffs for vulnerable consumers and individual residential users. The Commission shall provide indictors to monitor the impact of such measures on energy poverty. Such measures shall not prevent the market opening arrangements provided for in Article 23."
Amendment 55 #
2007/0196(COD)
Proposal for a directive – amending act
Article 1 – point 1 l (new)
Article 1 – point 1 l (new)
Directive 2003/55/EC
Article 3 – paragraph 7 a (new)
Article 3 – paragraph 7 a (new)
(1l) The following paragraph shall be inserted after paragraph 7: "7a. To promote energy efficiency and help to reduce energy poverty, the national regulatory authorities must require gas suppliers to offer a sliding scale of tariffs with charges, increasing where consumption levels are higher. The national regulatory authorities shall guarantee that levels of consumption for which charges are lowest shall be equivalent to the typical consumption of low income residential users."
Amendment 74 #
2007/0196(COD)
Proposal for a directive – amending act
Article 1 – point 14
Article 1 – point 14
Directive 2003/55/EC
Article 24c – paragraph 1 – point (na) (new)
Article 24c – paragraph 1 – point (na) (new)
(na) National regulators shall introduce standardised bills for use by all suppliers, so as to achieve greater transparency and comparability, and shall include information on the rights of consumers on the websites of gas companies or independent national regulators;
Amendment 82 #
2007/0196(COD)
Proposal for a directive – amending act
Article 1 – point 16 b (new)
Article 1 – point 16 b (new)
Directive 2003/55/EC
Annex A – point (a) – indent 7 a (new)
Annex A – point (a) – indent 7 a (new)
(16b) In Annex A, point (a), a new indent shall be inserted: – in case contract conditions require minimum contract duration, the expiry date shall be mentioned on the bill.
Amendment 83 #
2007/0196(COD)
Proposal for a directive – amending act
Article 1 – point 16 b (new)
Article 1 – point 16 b (new)
Directive 2003/55/EC
Annex A – point (a) – indents 7 b and c (new)
Annex A – point (a) – indents 7 b and c (new)
– available payment parameters and facilities; – specification on appropriate metering and informative billing that accurately reflects individual consumers' consumption;
Amendment 84 #
2007/0196(COD)
Proposal for a directive – amending act
Article 1 – point 17
Article 1 – point 17
Directive 2003/55/EC
Annex A – paragraph 1 a (new)
Annex A – paragraph 1 a (new)
1a. All information obligations of the pre- contractual phase shall unrestrictedly apply to all elements of a future contract.
Amendment 85 #
2007/0196(COD)
Proposal for a directive – amending act
Article 1 – point 17
Article 1 – point 17
Directive 2003/55/EC
Annex A – point (c) a (new)
Annex A – point (c) a (new)
(ca) are able to benefit from the creation of an internet tool enabling them to compare prices and hence make informed choices.
Amendment 86 #
2007/0196(COD)
Proposal for a directive – amending act
Article 1 – point 17
Article 1 – point 17
Directive 2003/55/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 its metering data, which may include the supply of available energy in a specific area and all national and Community measures promoting energy efficiency. The party responsible for data management is obliged to give these data to the undertaking. Member States shall define in a readily comprehensible manner, a format for the data and a procedure for suppliers and consumers to have easy access to the data. No additional costs can be charged to the consumer for this service.
Amendment 87 #
2007/0196(COD)
Proposal for a directive – amending act
Article 1 – point 17
Article 1 – point 17
Directive 2003/55/EC
Annex A – point (h) a (new)
Annex A – point (h) a (new)
(ha) shall have access to consumer rights on the websites of gas suppliers
Amendment 88 #
2007/0196(COD)
Proposal for a directive – amending act
Article 1 – point 17
Article 1 – point 17
Directive 2003/55/EC
Annex A – point (h) b (new)
Annex A – point (h) b (new)
(hb) must have access to tariff simulators on the websites of suppliers and of the independent national regulators.
Amendment 89 #
2007/0196(COD)
Proposal for a directive – amending act
Article 1 – point 17
Article 1 – point 17
Directive 2003/55/EC
Annex A – point (i)
Annex A – point (i)
(i) shall be properly informed every month of actual gas consumption and costs. No additional costs can be charged to the consumer for this service, which may include the supply 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 90 #
2007/0196(COD)
Proposal for a directive – amending act
Article 1 – point 17
Article 1 – point 17
Directive 2003/55/EC
Annex A – point (j)
Annex A – point (j)
(j) can change supplier at any time in the year without additional costs, and a customer's account with the previous supplier shall not be settled later than one month following the last supply by this previous supplier.
Amendment 91 #
2007/0196(COD)
Proposal for a directive – amending act
Article 1 – point 17
Article 1 – point 17
Directive 2003/55/EC
Annex A – point (j a) (new)
Annex A – point (j a) (new)
(ja) with special needs caused by impairments or in a poor financial situation shall benefit from essential energy services to maintain their physical and mental health and well-being, at reasonable prices or, where necessary, free of charge.
Amendment 92 #
2007/0196(COD)
Proposal for a directive – amending act
Article 1 – point 17
Article 1 – point 17
Directive 2003/55/EC
Annex A – point (j b) (new)
Annex A – point (j b) (new)
(jb) receive specification on how they will be provided with up-dated information on available energy efficiency improvement measures, comparative end-user profiles and/or objective technical specifications for energy-using equipment.
Amendment 93 #
2007/0196(COD)
Proposal for a directive – amending act
Article 1 – point 17
Article 1 – point 17
Directive 2003/55/EC
Annex A – point (j c) (new)
Annex A – point (j c) (new)
(jc) receive conditions referring to price changes allowing them to understand their effects easily.
Amendment 94 #
2007/0196(COD)
Proposal for a directive – amending act
Article 1 – point 17
Article 1 – point 17
Directive 2003/55/EC
Annex A – point (j d) (new)
Annex A – point (j d) (new)
(jd) receive information on energy supply without incurring excessive or costly inquiries
Amendment 95 #
2007/0196(COD)
Proposal for a directive – amending act
Article 1 – point 17
Article 1 – point 17
Directive 2003/55/EC
Annex A – point (j e) (new)
Annex A – point (j e) (new)
(je) shall have easy access to updated information on - the energy supply available in their area, and - on all national programmes, mechanisms and financial and legal frameworks promoting energy efficiency.
Amendment 96 #
2007/0196(COD)
Proposal for a directive – amending act
Article 1 – point 17
Article 1 – point 17
Directive 2003/55/EC
Annex A – point (j f) (new)
Annex A – point (j f) (new)
(jf) benefit from non-judicial dispute settlement, such as out-of court settlement, administrative procedures or mediation procedures shall enable disputes to be settled fairly, promptly (within a period of 3 months) and with no cost to the consumer.
Amendment 97 #
2007/0196(COD)
Proposal for a directive – amending act
Article 1 – point 17
Article 1 – point 17
Directive 2003/55/EC
Annex A – point (j g) (new)
Annex A – point (j g) (new)
(jg) shall have a clarified role of energy regulators in dispute settlement and shall be informed thereof without delay.
Amendment 100 #
2007/0196(COD)
Proposal for a directive – amending act
Article 1 – point 17 b (new)
Article 1 – point 17 b (new)
Directive 2003/55/EC
Annex A – paragraph 2 b (new) – point (a)
Annex A – paragraph 2 b (new) – point (a)
(17b) In Annex A, a new paragraph on obligations of the Member States shall be inserted: "2b. The Member States shall ensure that: (a) existing measures for the benefit of vulnerable consumers shall be well targeted and periodically reassessed. They shall be well balanced in order not to prevent market opening, create discriminations among European energy suppliers, distort competition, restrict resale or create discriminatory treatment of other consumers."
Amendment 101 #
2007/0196(COD)
Proposal for a directive – amending act
Article 1 – point 17 b (new)
Article 1 – point 17 b (new)
Directive 2003/55/EC
Annex A – paragraph 2 b (new) – point (b)
Annex A – paragraph 2 b (new) – point (b)
(b) competent bodies at national level shall monitor the gas offers available on the market. They shall present the results of price monitoring once a year to the public in a manner making it possible to compare prices and basic conditions of available offers.
Amendment 102 #
2007/0196(COD)
Proposal for a directive – amending act
Article 1 – point 17 b (new)
Article 1 – point 17 b (new)
Directive 2003/55/EC
Annex A – paragraph 2 b (new) – point (c)
Annex A – paragraph 2 b (new) – point (c)
(c) National Energy Action Plans are set up to address energy poverty and communicate such measures to the European Agency for regulators cooperation. The European Agency shall monitor, in cooperation with the national authorities, these measures and communicate successful measures. The Agency shall present to the European Parliament a report on the state of energy poverty in the Member States every two years.
Amendment 103 #
2007/0196(COD)
Proposal for a directive – amending act
Article 1 – point 17 b (new)
Article 1 – point 17 b (new)
Directive 2003/55/EC
Annex A – paragraph 2 b (new) – point (d)
Annex A – paragraph 2 b (new) – point (d)
(d) a definition of vulnerable consumers is adopted and published, and will be applied - without further request by the vulnerable consumer - by all suppliers of gas, where gas supply meets basic household needs. The Commission shall start infringement procedures against Member States omitting to adopt and to apply this definition.
Amendment 104 #
2007/0196(COD)
Proposal for a directive – amending act
Article 1 – point 17 b (new)
Article 1 – point 17 b (new)
Directive 2003/55/EC
Annex A – paragraph 2 b (new) – point (e)
Annex A – paragraph 2 b (new) – point (e)
(e) the rights linked to the status of vulnerable consumer are applied without placing an excessive burden on the consumers demanding it. Particular attention shall be granted in this respect to cases of pending disconnection.
Amendment 105 #
2007/0196(COD)
Proposal for a directive – amending act
Article 1 – point 17 b (new)
Article 1 – point 17 b (new)
Directive 2003/55/EC
Annex A – paragraph 2 b (new) – point (f)
Annex A – paragraph 2 b (new) – point (f)
(f) social prices and conditions for well defined categories of gas consumers in remote areas or with special needs, or at least ensure that such consumers have systematic access to the lowest offer on the market.
Amendment 106 #
2007/0196(COD)
Proposal for a directive – amending act
Article 1 – point 17 c (new)
Article 1 – point 17 c (new)
Directive 2003/55/EC
Annex A – paragraph 2 c (new) – point (a)
Annex A – paragraph 2 c (new) – point (a)
Amendment 107 #
2007/0196(COD)
Proposal for a directive – amending act
Article 1 – point 17 c (new)
Article 1 – point 17 c (new)
Directive 2003/55/EC
Annex A – paragraph 2 c (new) – point (b)
Annex A – paragraph 2 c (new) – point (b)
(b) promotion offers shall ensure that European energy consumers to a large extent benefit from metering facilities reflecting actual consumption and information on the time of use.
Amendment 108 #
2007/0196(COD)
Proposal for a directive – amending act
Article 1 – point 17 c (new)
Article 1 – point 17 c (new)
Directive 2003/55/EC
Annex A – paragraph 2 c (new) – point (c)
Annex A – paragraph 2 c (new) – point (c)
(c) natural gas is provided to consumers against payment. Nonetheless disconnection shall generally be considered an undesirable remedy in case of non-payment.
Amendment 109 #
2007/0196(COD)
Proposal for a directive – amending act
Article 1 – point 17 d (new)
Article 1 – point 17 d (new)
Directive 2003/55/EC
Annex A – paragraph 2 d (new)
Annex A – paragraph 2 d (new)
(17d) In Annex A, a new paragraph shall be inserted: "2d. The European Charter on the Rights of Energy Consumers, as proposed by the Commission, shall serve as a basis for the consumer protection guidelines recommended by the Agency to the Commission’.
Amendment 530 #
2007/0196(COD)
Proposal for a directive – amending act
Article 1 – point 16 b (new)
Article 1 – point 16 b (new)
Directive 2003/55/EC
Annex A – point (a)
Annex A – point (a)
Amendment 532 #
2007/0196(COD)
Proposal for a directive – amending act
Article 1 – point 16 c (new)
Article 1 – point 16 c (new)
Directive 2003/55/EC
Annex A – point (b)
Annex A – point (b)
Amendment 533 #
2007/0196(COD)
Proposal for a directive – amending act
Article 1 – point 16 d (new)
Article 1 – point 16 d (new)
Directive 2003/55/EC
Annex A – point (c)
Annex A – point (c)
Amendment 534 #
2007/0196(COD)
Proposal for a directive – amending act
Article 1 – point 16 e (new)
Article 1 – point 16 e (new)
Directive 2003/55/EC
Annex A – point (d)
Annex A – point (d)
Amendment 535 #
2007/0196(COD)
Proposal for a directive – amending act
Article 1 – point 16 f (new)
Article 1 – point 16 f (new)
Directive 2003/55/EC
Annex A – point (f)
Annex A – point (f)
Amendment 539 #
2007/0196(COD)
Proposal for a directive – amending act
Article 1 – point 17
Article 1 – point 17
Directive 2003/55/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 its metering data which may include energy supply available in a particular area and all national and Community mechanisms 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 541 #
2007/0196(COD)
Proposal for a directive – amending act
Article 1 – point 17
Article 1 – point 17
Directive 2003/55/EC
Annex A – point (i)
Annex A – point (i)
(i) shall be properly informed every month of actual gas consumption and costs. No additional costs can be charged to the consumer for this service which may include energy supply available in a particular area and all national and Community mechanisms promoting energy efficiency. No additional costs can be charged to the consumer for this service. To ensure the provision of this information, smart meters shall be installed in all households by 2015.
Amendment 551 #
2007/0196(COD)
Proposal for a directive – amending act
Article 1 – point 17
Article 1 – point 17
Directive 2003/55/EC
Annex A – point (j a) (new)
Annex A – point (j a) (new)
Amendment 553 #
2007/0196(COD)
Proposal for a directive – amending act
Article 1 – point 17
Article 1 – point 17
Directive 2003/55/EC
Annex A – point (j b) (new)
Annex A – point (j b) (new)
Amendment 14 #
2007/0195(COD)
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 #
2007/0195(COD)
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 #
2007/0195(COD)
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 #
2007/0195(COD)
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 #
2007/0195(COD)
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 #
2007/0195(COD)
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 #
2007/0195(COD)
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 #
2007/0195(COD)
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 #
2007/0195(COD)
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 #
2007/0195(COD)
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 #
2007/0195(COD)
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 #
2007/0195(COD)
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 #
2007/0195(COD)
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 #
2007/0195(COD)
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 #
2007/0195(COD)
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 #
2007/0195(COD)
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 #
2007/0195(COD)
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 #
2007/0195(COD)
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 #
2007/0195(COD)
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 #
2007/0195(COD)
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 #
2007/0195(COD)
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 #
2007/0195(COD)
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 #
2007/0195(COD)
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.
Amendment 125 #
2007/0143(COD)
Proposal for a directive
Article 2 – paragraph 3 a (new)
Article 2 – paragraph 3 a (new)
Amendment 130 #
2007/0143(COD)
Proposal for a directive
Article 4 – paragraph 1 – subparagraph 1 a (new)
Article 4 – paragraph 1 – subparagraph 1 a (new)
(1a) Premiums received to cover risks relating to Section 2, Point A of Annex I in the context of services of general economic interest within the meaning of Article 86(2) of the Treaty shall not be taken into account for the calculation of such income.
Amendment 819 #
2007/0143(COD)
Proposal for a directive
Article 311 – paragraph 1 b (new)
Article 311 – paragraph 1 b (new)
1b. Article 311(1a) is repealed with effect from 31 December 2013. Until that date, the Commission shall take the necessary steps in order to ensure the application of the capital requirement provisions of this Directive to institutions for occupational retirement provisions after the appropriate adjustments have been specified.