Activities of Catherine NERIS
Plenary speeches (5)
Harmonised conditions for the marketing of construction products (debate)
Harmonised conditions for the marketing of construction products (debate)
Outermost regions (debate)
Application of the law on customs and agricultural matters (debate)
The rise in foodstuff prices, consumer protection (debate)
Reports (1)
REPORT Report on the proposal for a regulation of the European Parliament and of the Council laying down harmonised conditions for the marketing of the construction products PDF (535 KB) DOC (822 KB)
Amendments (67)
Amendment 9 #
2008/2085(INI)
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Stresses that the Directive on the posting of workers, as interpreted by the Court of Justice, would make it impossible to claim equal pay for workers irrespective of their nationality or that of their employer at the place where the service is provided, which runs contrary to the principle of non-discrimination enshrined in the Treaty, particularly with regard to worker mobility; stresses that such distortions are harmful to the proper operation of the internal market;
Amendment 10 #
2008/2085(INI)
Draft opinion
Paragraph 1 b (new)
Paragraph 1 b (new)
1b. Stresses that the current situation could cause workers in host countries to be subjected to pressure from distorted competition based on low wages and poor working conditions, which could give rise to a reaction undermining the completion of the internal market;
Amendment 15 #
2008/2085(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Points out, taking into account ECJ rulings, that the fact that services providers from other Member States who are forced into negotiations on posted workers' working conditions other than required by the Directive 96/71/EC may lead to the restrictionhighlights the shortcomings onf the freedom to provide services; therefore collective actions aimed at service providers from other Member States should be undertaken in foreseeable wayDirective, which is giving rise to legal uncertainty that is harmful to the proper operation of the internal market;
Amendment 18 #
2008/2085(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Stresses that there is no need to revise the provisions of the Directive on the posting of workers in the framework of the provision of servicesUrges the Commission to revise the Directive on the posting of workers in order to remedy the current legal uncertainty and provide EU companies with a clear legislative framework, ensuring undistorted competition;
Amendment 28 #
2008/2085(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Considers that uniform application and enforcement of its provisions are sufficientdo not make it possible to secure the attainment of its objectives and respect for collective bargaining arrangements existing in the Member States to which workers are posted;
Amendment 33 #
2008/2085(INI)
Draft opinion
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Stresses that the CJCE rulings do not reflect the legislator's intention in relation to the directives on the posting of workers and on services, thus leaving the way open to distortions of competition, in that companies which sign and apply collective agreements will be disadvantaged in relation to companies that refuse to do so;
Amendment 34 #
2008/2085(INI)
Draft opinion
Paragraph 5 b (new)
Paragraph 5 b (new)
5b. Points out that the legislative authority's main task is to define the meaning of the law, and that excessive use of Court of Justice interpretations undermines the Union's foundations;
Amendment 3 #
2008/2056(INI)
Motion for a resolution
Recital D a (new)
Recital D a (new)
Amendment 4 #
2008/2056(INI)
Motion for a resolution
Recital D b (new)
Recital D b (new)
Db. whereas a directive may not be fully efficient, even though it has been quickly and properly transposed, in particular when its implementation generates situations of legal uncertainty which lead to complaints to the European Court of Justice and hamper the good functioning of the Internal Market,
Amendment 12 #
2008/2056(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Holds the view that a strong, open and, competitive and regulated Internal Market acts as an essential part of Europe’s response to the challenges of globalisation by promoting the competitiveness of European industry and, reinforcinges incentives for foreign investments, and insures the consumers rights in Europe; the external dimension should therefore be taken into accountconsideration by the Commission when taking new Internal Market initiatives;
Amendment 15 #
2008/2056(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Calls on the Members States to urgently address correct transposition and application of Internal Market directives through the use of existing guidelines and best practices; urges thestresses the need to focus on the directives already transposed by a majority of Member States, in order to reach a coherent legislation throughout the Union as soon as possible; urges for development of more accurate tools to address the deficiency;
Amendment 22 #
2008/2056(INI)
Motion for a resolution
Paragraph 9 a (new)
Paragraph 9 a (new)
9a. Recalls that the provisions of some already transposed directives generate situations of legal uncertainty which sometimes require the arbitration of the European Court of Justice and hamper the good functioning of the Internal Market; therefore calls on the Commission to review the nature of the indicators used to elaborate the Scoreboard, in order to include for example the number of disputes, which is an essential qualitative criteria;
Amendment 25 #
2008/2056(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Calls on the Commission to, through sector inquiries, Business Surveys, Consumer Surveys or other means, to evaluate the quality and coherence of implementation in the Member States in order to guarantee the correct functioning of legislation;
Amendment 27 #
2008/2056(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Underlines the fact that late and incorrect implementation deprives citizenonsumers and undertakings of their rights, causes harm to the European economy and undermines confidence in the Internal Market; calls on the Commission to develop indicators measuring the costs incurred by citizens and industry as a result of late and incorrect transposition;
Amendment 35 #
2008/2056(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Highlights that implementation problems are often detected through the SOLVIT network; notes with concern that SOLVIT centres are often understaffed and that the average handling time of a case is more than 10 weeks; calls on the Member StatesCommission to ensure that SOLVIT centres are properly staffed and on the Member States and the Commission to improve administrative efficiency in order noticeably to shorten the handling time;
Amendment 26 #
2008/0149(COD)
Proposal for a regulation
Recital 12
Recital 12
(12) In the current situation where high food prices lead to lower CAP expenditure, the Commission proposes to redirect parts of those savings, which must be used as a stabilising factor, to agricultural production in developing countries.
Amendment 32 #
2008/0149(COD)
Proposal for a regulation
Recital 14 a (new)
Recital 14 a (new)
(14a) The results of the joint use of the financing facility and existing programmes in accordance with these objectives should be regularly evaluated in order to monitor the structuring of developing countries’ agricultural production apparatuses over the long term.
Amendment 50 #
2008/0098(COD)
Proposal for a regulation
Recital 6
Recital 6
(6) It is necessary to provide for simplified procedures for drawing up declarations of performance in order to alleviate the financial burden of small and medium- sized enterprises (SMEs) and in particular of micro-enterprises. In order to ensure effective market surveillance and a high level of consumer protection, these simplified procedures should not, however, apply to importers who place a product on the market under their own name or trademark or modify a construction product already placed on the market in such a way that conformity with the declared performance may be affected.
Amendment 65 #
2008/0098(COD)
Proposal for a regulation
Recital 20 a (new)
Recital 20 a (new)
(20a) Among the essential characteristics, a distinction should be made between, on the one hand, the essential European characteristics, the minimum requirements for which in terms of levels or classes of performance are determined by the Commission in the appropriate committee procedure, and which apply independently of where the construction product is marketed, and, on the other hand, the essential national characteristics, the minimum requirements for which are determined by each Member State for each family of products, by type of application, and which apply in the place where the product is marketed.
Amendment 66 #
2008/0098(COD)
Proposal for a regulation
Recital 21
Recital 21
(21) The placing on the market of construction products which are covered by a harmonised standard or for which a European Technical Assessment has been issued should be accompanied by a declaration of performance in relation to the essential European characteristics and, where appropriate, the essential national characteristics of the product in accordance with the relevant harmonised technical specifications.
Amendment 71 #
2008/0098(COD)
Proposal for a regulation
Recital 33 a (new)
Recital 33 a (new)
(33a) In order to allow effective market surveillance and to ensure a high level of consumer protection, it is important that simplified procedures for declaring a certain level or class of performance without testing or without further testing do not apply to importers who place a product on the market under their own name or trademark or modify a construction product already placed on the market in such a way that conformity with the declared performance may be affected. This provision concerns the use of stable previous test results or other existing data, and the use of results of tests obtained by third parties. It also concerns the simplified procedure applying to micro-enterprises.
Amendment 83 #
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 the basic works requirements; among those characteristics, a distinction is made between: (a) the ‘essential European characteristics’, the minimum requirements for which in terms of levels or classes of performance are determined by the Commission for each family of products laid down in Annex IV, Table 1, and by type of application, in the context of the regulatory procedure with scrutiny provided for in Article 51(2); (b) the ‘essential national characteristics’ determined by each Member State for each family of products, by type of application. (This amendment applies throughout the text. Adopting it will necessitate corresponding changes throughout.)
Amendment 92 #
2008/0098(COD)
Proposal for a regulation
Article 2 – point 5
Article 2 – point 5
5. ‘making available on the market’ means any supply of a construction product for distribution or use on the Community market in the course of a commercial activity, whether in return for payment or free of charge; this excludes: (a) any product which users transform on site for their own use in the context of their professional activity; (b) any product manufactured on and/or off site and incorporated by the same manufacturer into a work without being placed back on the market.
Amendment 114 #
2008/0098(COD)
Proposal for a regulation
Article 4 – paragraph 1 – subparagraph 1 - introductory part
Article 4 – paragraph 1 – subparagraph 1 - introductory part
1. The manufacturer or the importer when placing a construction product on the market shall make a declaration of performance if one of the following conditions areis met:
Amendment 118 #
2008/0098(COD)
Proposal for a regulation
Article 4 – paragraph 1 – subparagraph 1 – point a
Article 4 – paragraph 1 – subparagraph 1 – point a
(a) the construction product is covered by a harmonised standard, or a European Technical Assessment has been issued for that product; and
Amendment 122 #
2008/0098(COD)
Proposal for a regulation
Article 4 – paragraph 1 – subparagraph 1 – point b
Article 4 – paragraph 1 – subparagraph 1 – point b
(b) the requirements in relation to a European Assessmential characteristics of that product exist where the manufacturer or importer intends to place the product on the marke Document has been issued for the construction product.
Amendment 127 #
2008/0098(COD)
Proposal for a regulation
Article 4 – paragraph 1 – subparagraph 2
Article 4 – paragraph 1 – subparagraph 2
Amendment 129 #
2008/0098(COD)
Proposal for a regulation
Article 4 – paragraph 2
Article 4 – paragraph 2
2. The declaration of performance referred to in paragraph 1 shall cover at least: (a) a restricted list of the essential European characteristics for which requirements referred to in point b of paragraph 1 existlaid down in the harmonised technical specifications, which must be notified irrespective of where the product is placed on the market; (b) the essential national characteristics laid down in the harmonised technical specifications, the minimum requirements for which are determined by each Member State for each family of products.
Amendment 134 #
2008/0098(COD)
Proposal for a regulation
Article 5 - paragraph 2 - point b
Article 5 - paragraph 2 - point b
(b) the list of the essential characteristics of the construction product for which the performance is declaredlaid down in the harmonised technical specifications, and the levels or classes of thate declared performance; Where no requirement relating to the essential characteristics exists where the manufacturer or importer intends to place the product on the market, the manufacturer shall mark the product ‘NPD’.
Amendment 182 #
2008/0098(COD)
Proposal for a regulation
Article 8 – paragraph 3
Article 8 – paragraph 3
3. The CE marking shall be followed by the two last digits of the year in which it was affixedwhen the performance assessment tests were carried out or of the Specific Technical Documentation, the name or the identifying mark of the producer, the unique identification code of the construction product and the number of the declaration of performance. indications clearly identifying the performances in relation to the essential characteristics referred to in Article 4(3).
Amendment 199 #
2008/0098(COD)
Proposal for a regulation
Article 16 – paragraph 1
Article 16 – paragraph 1
1. Harmonised standards shall be established by the European standardisation bodies listed in Annex I to Directive 98/34/EC on the basis of mandates adopted by the Commission in accordance with Article 6 of that Directiverequests submitted by the Commission in accordance with the first indent of Article 6(3) of that Directive, and by the Standing Committee on Construction in accordance with Article 5(1). The European standardisation bodies shall ensure that no category of actors in a sector has more than 25% of the participants on a technical committee or working group. If one or more categories of actors cannot take part in a working group, or chooses not to, this requirement may be reassessed on a pro rata basis for the actual participants.
Amendment 226 #
2008/0098(COD)
Proposal for a regulation
Article 20 – paragraph 3 a (new)
Article 20 – paragraph 3 a (new)
3a. Where the Commission considers that a sufficient level of technical and scientific expertise concerning an EAD has been reached, it shall give a mandate to the European standardisation bodies to draw up a harmonised standard on the basis of that EAD. The EAD concerned shall become null and void when that harmonised standard is published in the Official Journal.
Amendment 256 #
2008/0098(COD)
Proposal for a regulation
Article 26 – paragraph 2 a (new)
Article 26 – paragraph 2 a (new)
2a. This article shall not apply to importers who place a product on the market under their own name or trademark or modify a construction product already placed on the market in such a way that conformity with the declared performance may be affected, within the meaning of Article 14.
Amendment 269 #
2008/0098(COD)
Proposal for a regulation
Article 27 – paragraph 2 a (new)
Article 27 – paragraph 2 a (new)
2a. This article shall not apply to importers who place a product on the market under their own name or trademark or modify a construction product already placed on the market in such a way that conformity with the declared performance may be affected, within the meaning of Article 14.
Amendment 279 #
2008/0098(COD)
Proposal for a regulation
Article 53 - paragraph 3
Article 53 - paragraph 3
3. Guidelines for European technical approval which were published before 1 July 2011 in accordance with Article 11 of Directive 89/106/EEC may be used as EADs. Where the Commission considers that a sufficient level of technical and scientific expertise concerning European technical approval guidelines has been reached, it shall give a mandate to the European standardisation bodies to draw up a harmonised standard on the basis of those guidelines, in accordance with Article 20(3a).
Amendment 44 #
2007/0196(COD)
Proposal for a directive – amending act
Article 1 – point 1 a (new)
Article 1 – point 1 a (new)
Directive 2003/55/EC
Article 3 – paragraph 2
Article 3 – paragraph 2
1a) Article 3(2) is amended as follows: "2. Having full regard to the relevant provisions of the Treaty, in particular Article 86 thereof, Member States may impose on undertakings operating in the gas sector, in the general economic interest, public service obligations which may relate to security, including security of supply, regularity, quality and price of supplies 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 gas companies to national consumers. These obligations may, for example, take the form of price regulation, including the fixing of a ceiling price for gas supplies to final users. 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 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 17 #
2007/0195(COD)
Proposal for a directive – amending act
Recital 21 b (new)
Recital 21 b (new)
(21b) Consumers should be central to this Directive. Existing consumer rights need to be underpinned and guaranteed and should include greater transparency and representation of consumer interests. Consumer protection means that all customers should benefit from a competitive market. Consumer rights should be reinforced by national regulatory authorities through incentives and through sanctions imposed on companies failing to comply with consumer protection and competition rules.
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 23 #
2007/0195(COD)
Proposal for a directive – amending act
Article 1 – point -1 (new)
Article 1 – point -1 (new)
Directive 2003/54/EC
Article 1
Article 1
(-1) Article 1 is amended as follows: Article 1 Scope This Directive establishes common rules for the generation, transmission, distribution and supply of electricity together with consumer protection provisions. To this end, it lays down the rules relating to the organisation and functioning of the electricity sector, access to the market, tendering criteria and procedures, and the granting of authorisations and the operation of systems. It also sets out universal obligations and the rights of electricity consumers and clarifies competition requirements.
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 44 #
2007/0195(COD)
Proposal for a directive – amending act
Article 1 – point 1 q (new)
Article 1 – point 1 q (new)
Directive 2003/54/EC
Article 3 – paragraph 7 a (new)
Article 3 – paragraph 7 a (new)
(1q) In Article 3 the following paragraph is inserted: "7a. To promote energy efficiency and help to reduce energy poverty, the national regulatory authorities shall require electricity suppliers to offer a sliding scale of tariffs with increased charges applicable where consumption levels are higher. The national regulatory authorities shall guarantee that levels of consumption for which charges are lowest are equivalent to the typical consumption of low-income domestic users."
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 47 #
2007/0195(COD)
Proposal for a directive – amending act
Article 1 – point 1 t (new)
Article 1 – point 1 t (new)
Directive 2003/54/EC
Article 3 – paragraph 9 b (new)
Article 3 – paragraph 9 b (new)
(1t) In Article 3 the following paragraph is added: "9b. Where it can be proved that electricity companies have passed on to customers the costs of emission trading scheme certificates where the latter were issued free of charge Member States may require the companies to make reimbursement by means of additional taxes. The tax revenue thus generated should be used to promote energy efficiency in the Member State in which it is levied."
Amendment 55 #
2007/0195(COD)
Proposal for a directive – amending act
Article 1 – point 4
Article 1 – point 4
Directive 2003/54/EC
Article 8 – paragraph 1 – introductory part
Article 8 – paragraph 1 – introductory part
1. In order to ensure the independence of transmission system operators , Member States shall ensure that as from [date de transposition plus ten years], vertically integrated companies have to comply: – either with the provisions of Articles 8, 8a and 8b – or with the provisions of Articles 8a, 8b and 8c. In the case that the transposition of the provisions of Articles 8a, 8b and 8c proves insufficient in the light of the objectives set out in a given Member State after [date of transposition plus three years], the Community shall decide whether Article 8 must be applied. Evaluation of the result of the provisions mentioned in Articles 8, 8a, 8b and 8c shall be carried out by the Commission in close collaboration with the Member States, the European Parliament and energy sector stakeholders. In case of compliance with the provisions of Articles 8a, 8b and 8c, Member States shall ensure that as from [date of transposition plus one year]:
Amendment 62 #
2007/0195(COD)
Proposal for a directive – amending act
Article 1 – point 12
Article 1 – point 12
Directive 2003/54/EC
Article 22 a – paragraph 2
Article 22 a – paragraph 2
2. Without prejudice to Article 22c, paragraph 4, point (a), Member States shall guarantee the independence of the regulatory authority and shall ensure that it exercises its powers impartially and transparently. For this purpose, Member State shall ensure that, when carrying out the regulatory tasks conferred upon it by this Directive, the regulatory authority is legally distinct and functionally independent from any other public or private entity, and that its staff and the persons responsible for its management act independently from any market interest and shall not seek or take instructions from any government or other public or private entity.
Amendment 63 #
2007/0195(COD)
Proposal for a directive – amending act
Article 1 – point 12
Article 1 – point 12
Directive 2003/54/EC
Article 22 c – paragraph 1 – point (e)
Article 22 c – paragraph 1 – point (e)
(e) ensuring that there are no cross subsidies between transmission, distribution, and supply activities, without prejudice to the provisions of Article 22c, paragraph 4, point (a) concerning universal service;
Amendment 69 #
2007/0195(COD)
Proposal for a directive – amending act
Article 1 – point 12
Article 1 – point 12
Directive 2003/54/EC
Article 22 c – paragraph 4 – point (a)
Article 22 c – paragraph 4 – point (a)
(a) connection and access to national networks, including transmission and distribution tariffs. These tariffs shall allow the necessary investments in the networks to be carried out in a mannerbe fixed in close collaboration with the Member States; they shall ensure that universal service requirements can be met and allowing these necessary investments to ensure the viability of the networks;
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.