122 Amendments of Cornelia ERNST related to 2016/0380(COD)
Amendment 84 #
Proposal for a directive
Recital 21
Recital 21
(21) At present, several factors impede consumers from accessing, understanding and acting upon the various sources of market information available to them, including information on renewable energy supposedly provided by guarantees of origin. To that end, the comparability of offers should be improved and barriers to switching minimised to the greatest practicable extent without unduly limiting consumer choice.
Amendment 88 #
Proposal for a directive
Recital 23
Recital 23
(23) Independent comparison tools including websites are an effective means for customers to assess the merits of different energy offers available on the market. Search costs are lower as they no longer need to collect information from individual suppliers and service providers. Such tools can provide the right balance between the need for information to be clear and concise and the need for it to be complete and comprehensive. They should aim at including the broadest possible range of available offers, and at covering the market as completely as is feasible so as to give the customer a representative overview. Offers from renewable sources should provide consumers with easy to access information that is understandable regarding which technologies suppliers source for the electricity they supply, where they source it from, and whether they do so directly or through guarantees of origin. It is crucial that the information given on such tools be trustworthy, impartial and transparent.
Amendment 99 #
Proposal for a directive
Recital 30
Recital 30
(30) Distributed energy technologies and consumer empowerment have made community energy and energy cooperatives an effective and cost-efficient way to meet citizens' needs and expectations regarding energy sources, services and local participation. Community energy offers an inclusive option for all consumers to have a direct stake in producing, consuming or sharing energy between each other within a geographically confined community network that may operate in an isolated mode or be connected to the public distribution network. Community energy initiativinitiatives, or local energy communities, focus primarily on providing affordable energy of a specific kind, such as renewable energy, for their members or shareholders, or to alleviate problems concerning a decreasing standard of living or to strengthen community interaction, rather than prioritising profit- making like a traditional energy company. By directly engaging with consumers community energy initiatives are demonstrating their potential in facilitating the up-take of new technologies and consumption patterns, including smart distribution grids and demand response, in an integrated manner. Community energy can also advance energy efficiency at household level and help fight energy poverty through reduced consumption and lower supply tariffs. Community energy also enables certain groups of household consumers to participate in the energy market who otherwise might not have been able to do so. Where they have been successfully operated such initiatives have delivered economic, social and environmental value to the community that goes beyond the mere benefits derived from the provision of energy services. Local energy communities should be allowed to operate on the market on a level-playing field without distorting competition. Household consumers should be allowed to voluntarily participate in a community energy initiative as well as to leave while maintaining all their rights as a consumer, including their right to choice and to a good quality of supply. Individuals should be able to leave a local energy community, without losing access to the network operated by the community energy initiative or their rights as consumers. Access to a local energy community's network should be granted on fair and cost-reflective terms.
Amendment 121 #
Proposal for a directive
Recital 42 a (new)
Recital 42 a (new)
(42a) Energy infrastructure should be treated as a common good. Local ownership and operation of the distribution network provides citizens and communities with the unique opportunity to participate directly in decisions over how the grid should evolve in order to integrate more renewables, drive demand response and energy savings, and to benefit from cost-efficient operation of the grid. It also gives communities the opportunity to maximise local socio- economic benefits, including through savings that are distributed directly back to the customers and the local community. Where local citizens express their desire, local energy communities or local authorities should be permitted to take over responsibility for ownership and operation of their energy infrastructure. To enable local energy communities and local authorities to assume responsibility for distribution systems, national regulatory frameworks should ensure there are no over-burdensome barriers to becoming a distribution system operator. Where national laws establish competitive bidding procedures to manage distribution networks, local energy communities should be able to compete on a level playing field with other actors to assume ownership and responsibility for operating the network.
Amendment 122 #
Proposal for a directive
Recital 42 b (new)
Recital 42 b (new)
(42b) Community energy offers an inclusive option for all consumers to have a direct stake in producing, consuming and/or sharing energy between each other within a community network that may operate through the existing infrastructure as a virtual power plant, or within a geographically confined grid that is connected to the public distribution network but can operate in an isolated mode. Where a community network is set up by a local energy community, access to the local energy community's network should be granted on fair and cost- reflective terms. Individuals should be able to leave a local energy community that operates a community network without losing access to the network operated by the community energy initiative or their rights as consumers.
Amendment 145 #
Proposal for a directive
Article 2 – paragraph 1 – point 7
Article 2 – paragraph 1 – point 7
7. 'local energy community' means: an association, a cooperative, a partnership, a non-profit organisation or other legal entity which is effectively controlled by local shareholders or members, generally valu SME or a non-for-profit organisation, which is based on open participation, is effectively controlled by local shareholders or members that are participating collectively as final customers and have equal decision making rights, whose predominant aim is to provide environmental, economic or social community benefits for their members or the local area or areas where they operate rather than profit- driven, involved in distributed generation and in performthat carries out or is involved in at least one or more of the following activities of a: distribution system operator, supplier or aggregator at local level, including across bordersed generation, storage, supply, provision of energy efficiency services, aggregation, electro-mobility, or distribution system operation;
Amendment 217 #
Proposal for a directive
Article 2 – paragraph 1 a (new)
Article 2 – paragraph 1 a (new)
Amendment 220 #
Proposal for a directive
Article 2 – paragraph 1 b (new)
Article 2 – paragraph 1 b (new)
'community network' means a virtual or closed distribution system that can operate through, or independently from, the general distribution system. The system primarily distributes electricity to household customers, and incidentally to non-household customers including in particular commercial consumers or shared services sites, within a geographically confined area, with the potential to feed excess electricity to the general distribution network, in order to ensure reliable and affordable local energy security.
Amendment 223 #
Proposal for a directive
Article 2 – paragraph 1 c (new)
Article 2 – paragraph 1 c (new)
energy poverty means a household's inability to afford the necessary domestic energy services which guarantee decent human standard levels of comfort and health, as such costs represent a significant proportion of disposable income.
Amendment 257 #
Proposal for a directive
Article 5 – paragraph 2
Article 5 – paragraph 2
2. Member States shall ensure the protection of energy poor or vulnerable customers in a targeted manner by other means than public interventions in the price-setting for the supply of electricitydomestic households and ensure right of equal access and affordable services.
Amendment 271 #
Proposal for a directive
Article 5 – paragraph 3
Article 5 – paragraph 3
3. By way of derogation from paragraphs 1 and 2, Member States whichmay apply public interventions in price setting for the supply of electricity for energy poor or vulnerable household customers at the [OP: please insert the date of entry into force of this Directive] may continue to apply such public interventions until [OP: insert the date – five years from the entry into force of this Directive]domestic households in order to ensure affordability. Such public interventions shall pursue a general econompublic interest, be clearly defined, transparent, non- discriminatory, verifiable and guarantee equal access for Union electricity companies to customers. The interventions shall not go beyond what is necessary to achieve the general economic interest which they pursue, be limited in time and proportionate as regards their beneficiaries.
Amendment 283 #
Proposal for a directive
Article 5 – paragraph 4 – subparagraph 1
Article 5 – paragraph 4 – subparagraph 1
Amendment 296 #
Proposal for a directive
Article 5 – paragraph 4 – subparagraph 2
Article 5 – paragraph 4 – subparagraph 2
Member States shall notify the measures taken in accordance with the first subparagraphof public intervention in price setting to the Commission within one month after adoption and may apply them immediately. The notification shall be accompanied by an explanation why other instruments could not sufficiently address the situation and how the beneficiaries and the duration of the measure have been determined. The notification shall be considered as complete if, within two months from its receipt, or from the receipt of any additional information requested, the Commission does not request any further information.
Amendment 297 #
Proposal for a directive
Article 5 – paragraph 4 – subparagraph 3
Article 5 – paragraph 4 – subparagraph 3
The Commission may take a decision asking the national authorities to amend or withdraw the measures within two months from receipt of a complete notification where it considers that the requirements set out in the first subsecond paragraph are not fulfilled. The decision-making period can be extended with the consent of both the Commission and the Member State concerned.
Amendment 307 #
Proposal for a directive
Article 8 – paragraph 3 – subparagraph 2
Article 8 – paragraph 3 – subparagraph 2
Member States mayshall set guidelines for that specific authorisation procedure, which shall be publicly available. National regulatory authorities or other competent national authorities including planning authorities shall review those guidelines and may recommend amendments thereto.
Amendment 309 #
Proposal for a directive
Article 8 – paragraph 3 – subparagraph 3
Article 8 – paragraph 3 – subparagraph 3
Where Member States have established particular land use permit procedures applying to major new infrastructure projects in generation capacity, Member States shall, where appropriate, include the construction of new generation capacity within the scope of those procedures and shall implement them in a non- discriminatory manner and within an appropriate time-frame, taking into account the limited impact, the expected benefit and the specific needs of small decentralized and/or distributed generation, as well as the need to facilitate its development.
Amendment 316 #
Proposal for a directive
Article 10 – paragraph 2 – point a – paragraph 1 – indent 1
Article 10 – paragraph 2 – point a – paragraph 1 – indent 1
- the identity and address of the suppliprovider,
Amendment 320 #
Proposal for a directive
Article 10 – paragraph 2 – point a – paragraph 1 – indent 1 a (new)
Article 10 – paragraph 2 – point a – paragraph 1 – indent 1 a (new)
- the name of the product, the price and if applicable discounts and information on time period of the discount;
Amendment 328 #
Proposal for a directive
Article 10 – paragraph 2 – point a – paragraph 1 – indent 2
Article 10 – paragraph 2 – point a – paragraph 1 – indent 2
- all services provided, (including whether services provided,are carried out by a provider different from the electricity service provider as stipulated in the contract) the service quality levels offered, as well as the time for the initial connection,
Amendment 332 #
Proposal for a directive
Article 10 – paragraph 2 – point a – paragraph 1 – indent 4
Article 10 – paragraph 2 – point a – paragraph 1 – indent 4
- the means by which up-to-date information on all applicable tariffs and, maintenance charges and additional products and/or services (bundled offers) may be obtained,
Amendment 339 #
Proposal for a directive
Article 10 – paragraph 2 – point a – paragraph 1 – indent 5
Article 10 – paragraph 2 – point a – paragraph 1 – indent 5
- the duration of the contract, the conditions for renewal and termination of services including additional products and/or services (bundled services) and of the contract ,
Amendment 342 #
Proposal for a directive
Article 10 – paragraph 2 – point a – paragraph 2
Article 10 – paragraph 2 – point a – paragraph 2
Conditions shall be fair and well-known in advance. Important clauses such as those on the product, discounts and factors unrelated to the electricity supply should be written in bold or highlighted in bigger font. In any case, this information should be provided prior to the conclusion or confirmation of the contract. Where contracts are concluded through intermediaries, the information relating to the matters set out in this point shall also be provided prior to the conclusion of the contract;
Amendment 345 #
Proposal for a directive
Article 10 – paragraph 2 – point b
Article 10 – paragraph 2 – point b
(b) are given adequate notice of any intention to modify contractual conditions and are informed about their right to dissolve the contract when the notice is given. Suppliers shall notify their customers directly of any adjustment in the supply price as well as of the reasons and preconditions for the adjustment and its scope, at an appropriate time no later than one normal billing period before the adjustment 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 contractual conditions or adjustments in the supply price notified to them by their electricity supplier ; National Regulatory Authorities shall monitor changes of terms and conditions of the contract made by the supplier and shall analyse the means by which the final customer is informed about a price increase and, where relevant, improve the communication via standardized forms and further conditions.
Amendment 355 #
Proposal for a directive
Article 10 – paragraph 2 – point d
Article 10 – paragraph 2 – point d
(d) are offered a wide choice of payment methods, which do not unduly discriminate between customers. Any difference in charges related to payment methods shall reflect the relevant costs incurred by the supplier in line with Article 62 of Directive 2015/2366 (Payment Services Directive 2) which forbids surcharges for any payment instrument.
Amendment 361 #
Proposal for a directive
Article 10 – paragraph 2 – point e
Article 10 – paragraph 2 – point e
(e) are not placed at an excessive disadvantage in comparison to the average market price by the prepayment systems;
Amendment 362 #
Proposal for a directive
Article 10 – paragraph 2 – point f
Article 10 – paragraph 2 – point f
(f) are offered fair and transparent general terms and conditions . The general terms and conditions shall be given in clear and comprehensible language and shall not include non-contractual barriers to the exercise of customers’ rights, for example excessive contractual documentation. Customers shall be protected against unfair or misleading selling methods; doorstep selling shall be banned;
Amendment 366 #
Proposal for a directive
Article 10 – paragraph 2 – point g
Article 10 – paragraph 2 – point g
(g) have the right to a good standard of service and complaint handling by their electricity service provider. Electricity service providers shall handle complaints in a simple, fair and prompt manner;. In cases where the service provided relies or is bundled with software, hardware or communication technology, final customers should have their complaint handled through a single contact point.
Amendment 367 #
Proposal for a directive
Article 10 – paragraph 2 – point i
Article 10 – paragraph 2 – point i
(i) are given adequate information on alternatives to disconnection sufficiently in advance before the planned disconnection. These alternatives mayshall refer to alternatives to disconnection such as reduction of supply, sources of support to avoid disconnection, alternative payment plans, debt management advice or disconnection moratorium and should not constitute an extra cost to customers;
Amendment 373 #
Proposal for a directive
Article 10 – paragraph 2 – point j
Article 10 – paragraph 2 – point j
(j) receive a final closure account following any change of electricity supplier no later than sixtwo weeks after the change of supplier has taken place.
Amendment 376 #
Proposal for a directive
Article 10 – paragraph 2 – point j a (new)
Article 10 – paragraph 2 – point j a (new)
(ja) are provided with a summary of the key contractual conditions (such as the main features of the service, detailed information on prices, conditions for switching and price increase) in concise and simple language on the first page of the contract or along with the contract;
Amendment 383 #
Proposal for a directive
Article 10 – paragraph 2 – point j b (new)
Article 10 – paragraph 2 – point j b (new)
(jb) are allowed to terminate the contract with suppliers and providers of additional products and/or services (including within bundled offers) at any time at no cost in case a contract is extended without customer consent;
Amendment 387 #
Proposal for a directive
Article 10 – paragraph 2 – point j c (new)
Article 10 – paragraph 2 – point j c (new)
(jc) the lack of payment for additional products and/or services cannot in any case justify the disconnection of electricity supply.
Amendment 388 #
Proposal for a directive
Article 10 – paragraph 2 – subparagraph 1 (new)
Article 10 – paragraph 2 – subparagraph 1 (new)
Any subscription to additional products and/or services provided or distributed by the supplier as a bundled offer shall not re-start the contract period of the initial contract unless the final customer explicitly consents.
Amendment 389 #
Proposal for a directive
Article 10 – paragraph 2 – subparagraph 2 (new)
Article 10 – paragraph 2 – subparagraph 2 (new)
Member States, inter alia through their National Regulatory Authorities, shall ensure all suppliers provide a speedy, fair and effective complaint handling procedure. Member States shall introduce standards of complaint handling and direct compensation to consumers if suppliers fail to meet these standards.
Amendment 394 #
Proposal for a directive
Article 10 a (new)
Article 10 a (new)
Amendment 398 #
Proposal for a directive
Article 11 – paragraph 1
Article 11 – paragraph 1
1. Member States shall ensure that every final customer is entitled, on request, to a range of dynamic electricity price contract by his suppliers. Member States, where relevant through their National Regulatory Authority, shall ensure that suppliers offer dynamic price contracts to consumers for which the potential benefit and ability to manage risks has been demonstrated. The assessment of benefits shall take into account whether the final customer has installed the system and products to help them cope with the risks and if the customer's consumption profile is suitable. The customer shall always give active consent before being switched to a dynamic price contract.
Amendment 408 #
Proposal for a directive
Article 11 – paragraph 2
Article 11 – paragraph 2
2. Member States shall ensure that final customers are fully informed by the suppliers of the opportunities and risks of such dynamic electricity price contract. in a way that allows final customers to compare the benefits of such contracts with other types of contracts available on the market. When offering these contracts the supplier shall provide the contract terms and conditions and a summary of key contractual conditions with clear guidance and warnings on the financial risk of such dynamic price contract. The summary of key contractual conditions shall include an illustrative example showing the maximum financial liability for the consumer, such as an estimate of their annual bill, when compared to their current contract. The information provided shall be comparable across suppliers.
Amendment 421 #
Proposal for a directive
Article 11 – paragraph 3
Article 11 – paragraph 3
3. Member States, through their National Regulatory Authorities, shall monitor and report annually, for at least a ten-year period after such contracts become available, on the main developments of such contracts including - market offers, - the impact on consumers' billselectricity bills of both consumers with and without such contract, and specifically the level of price volatility, and on consumers' sensitivity to the level of financial risk. - numbers of consumers affected by bill shocks or significantly higher bills
Amendment 424 #
Proposal for a directive
Article 11 – paragraph 3 a (new)
Article 11 – paragraph 3 a (new)
3a. Member States, including through their National Regulatory Authority, shall ensure that rules are changed when the monitoring reveals that current protection levels are insufficient for household customers.
Amendment 427 #
Proposal for a directive
Article 11 – paragraph 3 b (new)
Article 11 – paragraph 3 b (new)
3b. Member States shall ensure that electricity suppliers providing dynamic price contracts establish a risk profile of the final customer before entering into a contract. The risk profile should take into account the consumption profile, customers' ability to take on risk, including their ability to pay, their ability to provide flexibility at peak times, and their understanding of the risks involved. The risks of the product offered to final customers shall reflect the risk profile of the final customer. Suppliers shall base their risk profile assessment and their dynamic price contracts on a methodology approved by the Member State, inter alia through their National Regulatory Authority.
Amendment 429 #
Proposal for a directive
Article 11 – paragraph 3 c (new)
Article 11 – paragraph 3 c (new)
3c. Member States shall ensure that suppliers consider whether final customers have the appliances, products and systems necessary to achieve benefits from any dynamic price contracts offered to them. When offering such systems and products suppliers shall ensure that the smart function can be switched off by the final customer at any time.
Amendment 432 #
Proposal for a directive
Article 11 – paragraph 3 d (new)
Article 11 – paragraph 3 d (new)
3d. Member States shall ensure that every final customer is entitled to a range of contracts that are non-dynamic, non- time dependent electricity price contracts. Member States shall ensure that final customers are well informed of the existence of these contracts and their right to access them.
Amendment 437 #
Proposal for a directive
Article 12 – paragraph 1
Article 12 – paragraph 1
1. Member States shall ensure that a customer wishing to change supplier, while respecting contractual conditions, is entitled to such change within three weeks. This period should be reduced to 24 hours as soon as possible, based on a cost- benefit analysis, and no later than by 2022.
Amendment 443 #
Proposal for a directive
Article 12 – paragraph 3
Article 12 – paragraph 3
3. By way of derogation from paragraph 2, Member States may choose to permit suppliers to charge contract termination fees to customers willingly terminating fixed term supply contracts before their maturity. Such fees may only be charged if customers receive a demonstrable advantage from these contracts. In addition, such fees shall be proportionate to the advantage provided to the customer and shall not exceed the direct economic loss to the supplier of the customer terminating the contract, including the cost of any bundled investments or services already provided to the customer as part of the contract. The burden of proof of the direct economic loss shall always be on the supplier and monitored by the National Regulatory Authority. In the case of bundled investment in equipment, the economic loss shall be determined on the basis of whichever amount is smaller, either the pro rata temporis residual value of subsidised equipment bundled with the contract at the moment of the contract conclusion or the remaining part of the service fee until the end of the contract.
Amendment 454 #
Proposal for a directive
Article 12 – paragraph 4
Article 12 – paragraph 4
4. Member States shall ensure that the right to switch suppliers is granted to customers in a non-discriminatory manner as regards cost, effort or time, including those who generate, store, consume and sell electricity either individually or jointly and those who own electric vehicles. Providers of bundled services shall give final customers the possibility to cancel or switch individual parts of the bundled contract.
Amendment 461 #
Proposal for a directive
Article 12 – paragraph 4 a (new)
Article 12 – paragraph 4 a (new)
4a. Member States shall ensure that the switching process is not biased and non-discriminatory, and market parties coordinate to ensure that the process is smooth.
Amendment 463 #
Proposal for a directive
Article 12 – paragraph 4 b (new)
Article 12 – paragraph 4 b (new)
4b. Member States, through their National Regulatory Authorities, shall facilitate collective switching campaigns through removing regulatory and bureaucratic barriers.
Amendment 468 #
Proposal for a directive
Article 13 – paragraph 1
Article 13 – paragraph 1
1. Member States shall ensure that final customers are not prohibited by their supplier to conclude a contract with an aggregator and that, where a final customer wishes to conclude a contract with an aggregator, such engagement shall not require the consent of the final customer's supplier. Suppliers shall not build-in stages in the contract requiring ex-ante consent from them for the final customer's aggregator to access any relevant market on behalf of the customer. Final customers that have entered a contract with an aggregator shall have access to the same offers and tariffs from suppliers as consumers without those services.
Amendment 475 #
Proposal for a directive
Article 13 – paragraph 1 a (new)
Article 13 – paragraph 1 a (new)
1a. Member States shall ensure that final customers are fully informed by the aggregators of the opportunities and risks of the contracts offered to them, in a way that allows customers to compare the suitability of the offer with other types of tariffs available in the market. The information provided should be comparable across aggregation providers. Member States shall ensure that aggregators take adequate steps to ensure that customers do not sign up to unsuitable contracts.
Amendment 480 #
Proposal for a directive
Article 13 – paragraph 2
Article 13 – paragraph 2
2. Member States shall ensure that a final customer wishing to terminate the contract with an aggregator, while respecting contractual conditions, is entitled to such termination within three weeks. This period shall be reduced to 24 hours as soon as possible, based on a cost- benefit analysis, and no later than 2022.
Amendment 484 #
Proposal for a directive
Article 13 – paragraph 3
Article 13 – paragraph 3
3. Member States shall ensure that final customers terminating a fixed term contract with an aggregator before its maturity are not charged any termination fee that exceeds the direct economic loss to the aggregator, including the cost of any bundled investments or services already provided to the final customer as part of the contract. The burden of proof of the direct economic loss shall always be on the aggregator and monitored by the National Regulatory Authority. In case of bundled investment in equipment, the economic loss shall be determined based on whichever amount is smaller, either the pro rata temporis residual value of subsidized equipment bundled with the contract at the moment of the contract conclusion or the remaining part of the service fee until the end of the contract.
Amendment 491 #
Proposal for a directive
Article 13 – paragraph 4
Article 13 – paragraph 4
4. Member States shall ensure that final customers are entitled to receive all relevantsettlement billing and settlement billing information, and demand responsed data or data on supplied and sold electricity at least once per yeas defined in Article 18 and Annex II. This information shall be provided without fees to the final customer.
Amendment 500 #
Proposal for a directive
Article 13 – paragraph 4 a (new)
Article 13 – paragraph 4 a (new)
4a. Member States shall ensure that consumers with a contract with an aggregator: a) have one single point of contact with the aggregator when several services and equipment are involved in the contract; b) can access the mechanism to resolve complaints as set in Article 26 for any complaint relating to their dealings with an aggregator; and c) have a single point of contact to access the dispute resolution mechanism for all services, included for electricity supply. The rights referred to in this Paragraph should be provided without fees to the final customer.
Amendment 503 #
Proposal for a directive
Article 13 – paragraph 5
Article 13 – paragraph 5
5. Member States shall ensure that the rights referred to in paragraphs 1, 1a, 1b, 2, 3, 4 and 4a are granted to final customers in a non- discriminatory manner as regards cost, effort or time. The rights referred to in this Article should be provided free of cost.
Amendment 506 #
Proposal for a directive
Article 13 – paragraph 5 a (new)
Article 13 – paragraph 5 a (new)
5a. Member States shall ensure that aggregators take into account whether consumers have the products and systems necessary to achieve benefits form the aggregated services offered to them. It shall be possible for final customers to switch off the smart function of any bundled products and systems at any time.
Amendment 508 #
Proposal for a directive
Article 13 – paragraph 5 b (new)
Article 13 – paragraph 5 b (new)
5b. Member States, through their National Regulatory Authorities, shall monitor and report annually on the main developments of such contracts including market offers and the impact on consumers' bills. Where risks of consumer detriment are identified National Regulatory Authorities shall modify protections as required.
Amendment 511 #
Proposal for a directive
Article 13 – paragraph 5 c (new)
Article 13 – paragraph 5 c (new)
5c. Member States shall ensure that final customers in a contract with an aggregator do not lose their rights, including the right to switch supplier set in Article 12. This is without prejudice of aggregators receiving information on a change of tariff or supplier, and providing information to the consumer of the risks and opportunities of this new tariff as it relates to their aggregation contracted services. Contracts with an aggregator cannot be terminated by the aggregator for reason of tariff or supplier switch.
Amendment 515 #
Proposal for a directive
Article 14 – paragraph 1 a (new)
Article 14 – paragraph 1 a (new)
1a. Member States shall ensure that the comparison tools are independent, including from any market interest, so that customers can access up to date, accurate information in a user-friendly format and that the comparison tools include information on bundled offers and offers and services from aggregators and collective switching programmes.
Amendment 518 #
Proposal for a directive
Article 14 – paragraph 1 b (new)
Article 14 – paragraph 1 b (new)
1b. Customers should be able to filter results on services within bundled offers.
Amendment 523 #
Proposal for a directive
Article 14 – paragraph 3
Article 14 – paragraph 3
3. Member States mayshall require the comparison tools referred to in paragraph 1 to include comparative determinants relating to the nature of the services offered by the suppliers, the quality of service, complaint-handling procedures, level of consumer satisfaction and information on complaints. 'Green tariffs' should be clearly displayed and searchable according to their level of additionality. Exceptional conditions of an offer, including discounts or planned increase of the price during the contract duration, should be identified and clearly highlighted in the comparison tool.
Amendment 535 #
Proposal for a directive
Article 15 – paragraph 1 – point a
Article 15 – paragraph 1 – point a
(a) are entitled to generate, store, consume and sell self-generated electricity in all organised markets either individually or through aggregators without being subject to discriminatory or disproportionately burdensome procedures and charges that are not cost reflective;
Amendment 539 #
Proposal for a directive
Article 15 – paragraph 1 – point a a (new)
Article 15 – paragraph 1 – point a a (new)
(aa) that are vulnerable or are experiencing energy poverty, including those that are tenants, have access, including through measures to facilitate access to information and finance, to engage in and benefit from the activities referred to in point (a), including through reduced supply tariffs. Member States shall report on these measures to the Commission every two years as part of their Integrated National Energy and climate Progress reports in accordance with Article 21 of [Governance Regulation as proposed by COM(2016)759].
Amendment 542 #
Proposal for a directive
Article 15 – paragraph 1 – point b
Article 15 – paragraph 1 – point b
(b) are subject to cost reflective, transparent and non-discriminatory network charges, accounting separately for the electricity fed into the grid and the electricity consumed from the grid, in line transparent network charges, which reflect the benefits to the network deriving from the activities listed under point (a) above and support their promotion and development. The method for the calculation of the network charges shall be based on a transparent cost benefit analysis developed by the National Regulatory Authority, in accordance with Article 59(8) paragraph 8.
Amendment 557 #
Proposal for a directive
Article 15 – paragraph 1 a (new)
Article 15 – paragraph 1 a (new)
1a. have access to information on their rights as active customers, including in particular on how to exercise their rights, through their single point of contact in Article 25.
Amendment 573 #
Proposal for a directive
Article 16 – paragraph 1 – point a
Article 16 – paragraph 1 – point a
Amendment 592 #
Proposal for a directive
Article 16 – paragraph 1 – point c
Article 16 – paragraph 1 – point c
(c) benefit from a non-discriminatory treatment with regard to their activities, rights and obligations as final customers, generators, suppliers, distribution system operators or aggregators;
Amendment 595 #
Proposal for a directive
Article 16 – paragraph 1 – point c a (new)
Article 16 – paragraph 1 – point c a (new)
(ca) are entitled to own, establish, or lease community networks and to autonomously manage them, and that where relevant, they may conclude agreements with the distribution system operator to which their network is connected on the operation of the community network
Amendment 609 #
Proposal for a directive
Article 16 – paragraph 2 – introductory part
Article 16 – paragraph 2 – introductory part
2. Member States shall provide an enabling regulatory framework that ensures that:
Amendment 618 #
Proposal for a directive
Article 16 – paragraph 2 – point a a (new)
Article 16 – paragraph 2 – point a a (new)
(aa) final customers are entitled to participate in a local energy community;
Amendment 622 #
Proposal for a directive
Article 16 – paragraph 2 – point a b (new)
Article 16 – paragraph 2 – point a b (new)
(ab) final customers have access to information on their rights pertaining to their participation in a local energy community, including in particular how to exercise their rights and how to access alternative dispute mechanisms, including through their single point of contact in Article 25.
Amendment 628 #
Proposal for a directive
Article 16 – paragraph 2 – point d
Article 16 – paragraph 2 – point d
(d) Article 8 (3) applies to generating capacity installed by renewable energy communities, as a subcategory of local energy communities, as long as such capacity can be considered small decentralised or distributed generation;
Amendment 636 #
Proposal for a directive
Article 16 – paragraph 2 – point f
Article 16 – paragraph 2 – point f
(f) where relevant, a local energy community may conclude anthe necessary agreements with a distribution system operator to which their network is connected on the operation of the local energy community's network;
Amendment 642 #
Proposal for a directive
Article 16 – paragraph 2 – point h a (new)
Article 16 – paragraph 2 – point h a (new)
Amendment 645 #
Proposal for a directive
Article 16 – paragraph 2 a (new)
Article 16 – paragraph 2 a (new)
2a. Where necessary, Member States shall provide an enabling framework that ensures that paragraphs 1 and 2 are given effect.
Amendment 649 #
Proposal for a directive
Article 16 – paragraph 2 b (new)
Article 16 – paragraph 2 b (new)
2b. Member States, through their National Regulatory Authorities, shall monitor market access, treatment and procedures and charges applied to local energy communities, the impact of local energy communities on competition and consumer empowerment and protection, and local community benefits including their contribution towards alleviating energy poverty. They shall report annually to the Commission and, when appropriate, to national competition authorities in accordance with Article 59 paragraph 1 (n).
Amendment 654 #
Proposal for a directive
Article 17 – paragraph 1
Article 17 – paragraph 1
1. Member States shall ensure that national regulatory authorities encourage only final customers for which the potential benefit and ability to manage risks has been demonstrated, including those offering demand response through aggregators, to participate alongside generators in a non- discriminatory manner in all organised markets.
Amendment 677 #
Proposal for a directive
Article 17 – paragraph 3 – point c
Article 17 – paragraph 3 – point c
(c) transparent rules and procedures for data exchange between market participants that ensure easy access to data on equal and non-discriminatory terms while fully protecting commercial and customers' personal data;
Amendment 695 #
Proposal for a directive
Article 17 – paragraph 3 – subparagraph 1 (new)
Article 17 – paragraph 3 – subparagraph 1 (new)
obligation for an aggregator to inform the national Regulatory Authority or any other competent authority about their plan to enter the market.
Amendment 712 #
Proposal for a directive
Article 17 – paragraph 5 a (new)
Article 17 – paragraph 5 a (new)
5a. Member States shall ensure that electricity service providers, aggregators and relevant intermediaries inform the final customers whether final customers have the right conditions, including the right products and systems in their premises, to achieve benefits from any product or services offered to them in relation to the access to all organised markets. Final customers shall always have the possibility to switch off, at any time, advanced functionalities of products and systems used to provide demand side response or similar flexibility. Switching off the advanced/ smart functionalities of products and systems should come without penalties by the aggregator or the service provider beyond the direct economic loss demonstrated by the aggregator or the service provider. This includes those products and systems that are managed in the distance.
Amendment 716 #
Proposal for a directive
Article 17 – paragraph 5 b (new)
Article 17 – paragraph 5 b (new)
5b. Member States, through their National Regulatory Authority and Consumer Protection Authorities, shall monitor and report annually about the participation of different consumer groups in demand response, and any other energy market, and about the impact of such participation on them. Member States shall modify protections where needed.
Amendment 717 #
Proposal for a directive
Article 17 – paragraph 5 c (new)
Article 17 – paragraph 5 c (new)
5c. Member States shall put in place incentives so that investments in energy management enabling technologies are affordable and accessible to all final customers, including low income households. The European Commission shall coordinate Member States' assessment whether existing safety legislation can sufficiently address potential safety risks arising from demand response enabling products. Health considerations shall be a parameter included in future assessments of residential response schemes. Member States, through competent authority, shall analyse the liability of demand response providers and put in place adequate measures where negative impacts for consumers are identified.
Amendment 725 #
Proposal for a directive
Article 18 – paragraph 1
Article 18 – paragraph 1
1. Member States shall ensure that bills provided by suppliers fulfil the minimum requirements for billing and billing information as set out in Annex II. The information contained in billSettlement statements provided by aggregators and information to active consumers on the electricity fed into the grid or sold from the market participant buying their electricity shall fulfil the requirements set out in points 1, 2a and 3 of Annex II. The information contained in bills provided by suppliers, distribution system operators and information in settlement statements provided by aggregators shall be correct, clear, concise and presented in a manner that facilitates comparison by consumers.
Amendment 733 #
Proposal for a directive
Article 18 – paragraph 2
Article 18 – paragraph 2
2. Member States shall ensure that final customers receive all their bills and billing information for electricity consumption free of charge and that billom their supplier, any settlement statements and information on settlement, and all relevant demand response data or data on electricity fed into the grid or sold free of charge and that bills, settlement statements relating to demand response or electricity sold by active consumers are clear, accurate and easy to understand.
Amendment 738 #
Proposal for a directive
Article 18 – paragraph 3 – subparagraph 1
Article 18 – paragraph 3 – subparagraph 1
Billing and calculating settlements shall take place on the basis of actual consumption at least once a year. Billing information, demand response data or data on electricity fed into the grid or sold at least once a year. Billing information and demand response data or information on electricity fed into the grid or sold shall be made available at least once every three months, upon request at any time or where the final customers have opted to receive electronic billing or else twice a year.
Amendment 745 #
Proposal for a directive
Article 18 – paragraph 3 – subparagraph 2
Article 18 – paragraph 3 – subparagraph 2
This obligation mayshall be fulfilled by a system of regular readings by the operator or by voluntary self-reading by the final customers whereby they communicate readings from their meter to the supplier. Only when the final customer has not been provided a meter reading for a given billing interval may billing be based on estimated consumption or a flat rate. The estimated consumption shall be based on the previous year consumption and/or on the consumption of a comparable household. In case final customers provide the meter readings, savings made by the operator, the supplier or the aggregator shall be shared with final customers.
Amendment 750 #
Proposal for a directive
Article 18 – paragraph 4
Article 18 – paragraph 4
4. Where final customers have meters that allow remote reading by the operator, accurate billing and settlement information based on actual consumption shall be provided at least once a month, demand response data or information on electricity sold or fed into the grid shall be provided at least once a month. After the installation of the smart meter, the final customer may not be charged for unbilled energy consumed prior to the billing period covered in the statement of account.
Amendment 757 #
Proposal for a directive
Article 18 – paragraph 5
Article 18 – paragraph 5
5. Member States shall require that, to the extent that information on the electricity billing and historical consumption as well as the demand response data or electricity sold or fed into the grid is available, it is made available, at the request of the final customer, to a supplier or service provider designated by the consumer in accordance with point 3 of Annex II.
Amendment 759 #
Proposal for a directive
Article 18 – paragraph 6
Article 18 – paragraph 6
6. Member States shall ensure that final customers are offered the option of electronic billing information and bills, bills, settlement statements and information on settlement, and all relevant demand response data or electricity sold or fed into the grid, and that they receive, on request, a clear and understandable explanation of how their bill or settlement was derived, especially where bills or settlements are not based on actual consumption.
Amendment 771 #
Proposal for a directive
Article 18 – paragraph 8
Article 18 – paragraph 8
8. Member States shall require that information and estimates for electricity costs as well as demand response data or data on electricity sold or fed into the grid are provided to final customers on demand in a timely manner and in an easily understandable format. If the contract includes a future change of product or price or a discount, this should be indicated on the bill together with the date when the change takes place. A separate notification about this change shall be sent to customers prior to the effective date.
Amendment 775 #
Proposal for a directive
Article 18 – paragraph 8 a (new)
Article 18 – paragraph 8 a (new)
8a. Member States, through their National Regulatory Authorities, shall define a tiered approach to the information provided in the bills from suppliers and settlement statements. Bills and settlement statements shall provide the most important information for consumers in the first page of the bill. The first page can include shorter versions of the elements set in Annex II, whilst the detail can be found on the rest of the bill. When defining the tiered approach, Member States shall consider the ability of consumers to understand the information provided quickly.
Amendment 781 #
Proposal for a directive
Article 18 – paragraph 8 b (new)
Article 18 – paragraph 8 b (new)
8b. When changes to the energy bill and a possible new format are considered by Member States, consumer organisations shall be involved in the process, including when the bills are tested.
Amendment 784 #
Proposal for a directive
Article 19 – paragraph 1
Article 19 – paragraph 1
1. In order to promote energy efficiency and empower customers , Member States or, where a Member State has so provided, the regulatory authority shall strongly recommend that electricity undertakings and aggregators optimise the use of electricity. This may be done, inter alia by providing energy management services, developing innovative pricing formulas, or introducing interoperable smart metering systems or smart grids, where appropriate and cost-effective and in accordance with the applicable Union data protection legislation.
Amendment 788 #
Proposal for a directive
Article 19 – paragraph 2
Article 19 – paragraph 2
2. Member States shall ensure the implementation of smart metering systems in their territories that shall assist the active participation of customers in the electricity market. Member States shall ensure that final customers can decide whether or not they would like to use smart metering systems. Such implementation mayshall be subject to a cost-benefit assessment which shall be undertaken according to the principles laid down in Annex III.
Amendment 794 #
Proposal for a directive
Article 19 – paragraph 4
Article 19 – paragraph 4
4. Member States that proceed with smart metering deployment shall ensure that final customers contribute to the associated costs of the roll-out in a transparent and non-discriminatory manner. Benefits to network operations in terms of savings in particular due to better network management, more efficient fault clearing, more precise planning and identification of network losses shall be subtracted when calculating the costumers' contribution. Member States shall regularly monitor this deployment in their territories to track the evolution of costs and benefits for the whole value chain, including the delivery of net benefits to consumers. This shall, among others, include the consumer satisfaction with the deployment and amount of savings by consumers.
Amendment 798 #
Proposal for a directive
Article 19 – paragraph 4 a (new)
Article 19 – paragraph 4 a (new)
4a. Member States through National Regulatory Authorities and in consultation with consumer bodies and other relevant organisations, shall develop guidelines for the provision of clear and understandable information and advice to consumers about the link between smart meters, new contracts and services by aggregators and the changes in the energy system, tailor-made to different customer segments. This should: - include advice on how all customer groups can use their smart metering system to improve their energy efficiency, - establish industry wide standards to address the specific needs of vulnerable customers such as visually impaired, hearing impaired, and those with low levels of literacy - include local engagement strategies to enlist support of authorities and support services to explain how smart appliances can benefit vulnerable customers.
Amendment 863 #
Proposal for a directive
Article 25 – paragraph 1
Article 25 – paragraph 1
Member States shall ensure the provision of single points of contact to provide customers with all necessary information concerning their rights, current legislation, accredited comparison tools and accredited service providers and the means of dispute settlement available to them in the event of a dispute. Such contact points may be part of general consumer information points. between the final customer and supplier, distribution system operator, aggregator or any other intermediary. Member States shall ensure that final customers are informed about where to find single points of contact. Such contact points may be part of general consumer information points and shall provide final customers with swift advice and information about the energy market. In cases where the service provided relies on software, hardware or communication technology, final customers should receive clear information on how to resolve complaint through a single contact point.
Amendment 865 #
Proposal for a directive
Article 26 – paragraph 1
Article 26 – paragraph 1
Member States shall ensure that . customers have access to simple, fair, transparent, independent, effective and efficient out-of- court dispute resolution mechanisms for the settlement of disputes concerning rights and obligations established under this Directive and guarantee the execution of such dispute settlement mechanism. Member States shall ensure that an independent mechanism such as an energy ombudsman or a consumer body is in place in order to ensure efficient treatment of complaints and out-of-court dispute settlements. Where the costumer is a consumer within the meaning of Directive 2013/11/EU of the European Parliament and of the Council46 , such out- of-court mechanisms shall comply with the quality requirements established in Directive 2013/11/EU and provide, where warranted, for a system of reimbursement and/or compensation . __________________ 46 OJ L 165, 18.6.2013, p. 63–79 OJ L 165, 18.6.2013, p. 63–79
Amendment 866 #
Proposal for a directive
Article 26 – paragraph 2 (new)
Article 26 – paragraph 2 (new)
2. The dispute resolution mechanisms referred to in paragraph 1 shall be extended to all energy service providers and all contracts with energy components, including bundled offers and contracts with aggregators and local energy communities.
Amendment 867 #
Proposal for a directive
Article 26 – paragraph 3 (new)
Article 26 – paragraph 3 (new)
3. Member States shall ensure that suppliers provide information on the out- of-court dispute settlement on their website and in all communication with their customers. This information shall be easily accessible for final customers.
Amendment 868 #
Proposal for a directive
Article 26 – paragraph 4 (new)
Article 26 – paragraph 4 (new)
4. Member States shall regularly assess the functioning of the out-of-court dispute settlement mechanisms, especially with regards to the participation and compliance of energy service providers, aggregators, intermediaries and distribution system operators. Member States shall ensure the mandatory participation of energy service providers, aggregators and providers of contracts with energy components in the out-of- court dispute settlement mechanism.
Amendment 871 #
Proposal for a directive
Article 26 a (new)
Article 26 a (new)
Article 26a Collective redress Member States shall ensure that in the case of damage resulting from the breaches of the rights and obligations established under this Directive, consumers can use collective redress procedures.
Amendment 873 #
Proposal for a directive
Article 27 – paragraph 1
Article 27 – paragraph 1
1. Member States shall ensure that all household customers, and, where Member States deem it appropriate, 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 within their territory at competitiveaffordable, easily and clearly comparable, transparent and non- discriminatory prices. 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 network under terms, conditions and tariffs set in accordance with the procedure laid down in Article 59(6) . This Directive shall not prevent Member States from strengthening the market position of the household, small and medium-sized consumers by promoting the possibilities of voluntary aggregation of representation for that class of consumers.
Amendment 879 #
Proposal for a directive
Article 28 – paragraph 1
Article 28 – paragraph 1
1. . Member States shall take appropriate measures to protect customers and shall, in particular, ensure that there are adequate safeguards to protect vulnerable customers. In this context, each Member State shall define the concept of vulnerable customers which mayshall refer to energy poverty and, inter alia, to the prohibition of disconnection of electricity to such customers in critical times. Member States shall ensure thata free provision of a basic minimum quantity of electricity to vulnerable customers and guarantee that all other rights and obligations linked to vulnerablthese customers are applied. In particular, they shall take all necessary measures to protect customers in remote areas. They shall ensure high levels of consumer protection, particularly with respect to transparency regarding contractual terms and conditions, general information and, dispute settlement mechanisms and data protection.
Amendment 885 #
Proposal for a directive
Article 28 – paragraph 2
Article 28 – paragraph 2
2. Member States shall take appropriate measures, such as formulating national energy action plans, providing benefits in social security systems to ensure the necessary electricity supply to vulnerable customers, or providing for support for energy efficiency improvements, for instance by local energy communities, taking into account the assessment undertaken pursuant to Section A.3.1.2 of Annex I of /Governance Regulation as proposed by COM(2016)759/ to address energy poverty where identified, including in the broader context of poverty. Such measures shall not impede the effective opening of the market set out in Article 4 or market functioning and shall be notified to the Commission, where relevant, in accordance with the provisions of Article 9(4) . Such notification may also include measures taken within the general social security system.
Amendment 886 #
Proposal for a directive
Article 28 – paragraph 2 a (new)
Article 28 – paragraph 2 a (new)
2a. Member States shall organize an independent ombudsman service for energy, where it not already exists, to mediate conflicts between the consumer and the supplier.
Amendment 892 #
Proposal for a directive
Article 29 – paragraph 1
Article 29 – paragraph 1
Member States shall define a set of criteriain close collaboration with the Energy Poverty Observatory define a set of common criteria and indicators for the purposes of measuring energy poverty. Member States shall continuously monitor the number of households in energy poverty and shall report through a national action plan on the evolution of energy poverty and measures taken to prevent it to the Commission every two years as part of their Integrated National Energy and Climate Progress Reports in accordance with Article 21 of [Governance Regulation as proposed by COM(2016)759].
Amendment 895 #
Proposal for a directive
Article 29 – paragraph 1 a (new)
Article 29 – paragraph 1 a (new)
The Commission, acting together with Eurostat and the Member States, should improve the comparability of datasets so that these become comparable across Member States within two years after this Directive comes into force.
Amendment 1134 #
Proposal for a directive
Article 58 – paragraph 1 – point e
Article 58 – paragraph 1 – point e
(e) facilitating access to the network for new generation capacity and energy storage facilities , in particular removing barriers that could prevent access for new market entrants, including active customers and local energy communities, and of electricity from renewable energy sources;
Amendment 1138 #
Proposal for a directive
Article 58 – paragraph 1 – point g
Article 58 – paragraph 1 – point g
(g) ensuring that customers benefit through the efficient functioning of their national market, including through their active participation, promoting effective competition and helping to ensure consumer protection;
Amendment 1159 #
Proposal for a directive
Article 59 – paragraph 1 – point n
Article 59 – paragraph 1 – point n
(n) monitoring the level and effectiveness of market opening and competition at wholesale and retail levels, including on electricity exchanges, prices for household customers including prepayment systems, switching rates, disconnection rates, charges for and the execution of maintenance services, barriers to becoming an active customer, and complaints by household customers, as well as any distortion or restriction of competition, including providing any relevant information, and bringing any relevant cases to the relevant competition authorities;
Amendment 1181 #
Proposal for a directive
Article 59 – paragraph 1 – point q
Article 59 – paragraph 1 – point q
(q) helping to ensure, together with other relevant authorities, that the new and existing consumer protection measures, including rights of active customers, are effective and enforced;
Amendment 1190 #
Proposal for a directive
Article 59 – paragraph 1 a (new)
Article 59 – paragraph 1 a (new)
1a. monitor market access for local energy communities, including the number of existing local energy communities, regulatory barriers that prevent market access or participation in different activities, their equal treatment, their impact on competition and consumer protection, and the benefits they provide, including to vulnerable consumers and households experiencing energy poverty.
Amendment 1198 #
Proposal for a directive
Article 59 – paragraph 8
Article 59 – paragraph 8
8. With a view to increasing transparency in the market and provide to all interested parties all necessary information, decisions or proposals for a decision concerning transmission and distribution tariffs as referred in Article 60(3), regulatory authorities shall make availablepublish to market parties the detailed methodology and underlying costs used for the calculation of the relevant network tariffs as well as the respective decisions and calculations itself. In view of the determination of the network tariffs, as provided for by Article 15 paragraph (1) point (b) and Article 16 (paragraph 5 point c), the regulatory authority shall carry out a cost-benefit analysis, following an open and participatory procedure. Such analysis shall quantify the social, economic and environmental benefits of distributed energy resources in light of the objective of their development and integration in the network.
Amendment 1257 #
Proposal for a directive
Annex I – paragraph 1 – point d
Annex I – paragraph 1 – point d
(d) use plain and unambiguous language understandable to all;
Amendment 1262 #
Proposal for a directive
Annex I – paragraph 1 – point f a (new)
Annex I – paragraph 1 – point f a (new)
(fa) disclose clear information about its business model;
Amendment 1264 #
Proposal for a directive
Annex I – paragraph 1 – point f b (new)
Annex I – paragraph 1 – point f b (new)
(fb) indicate which tariffs are exclusively offered by the tool;
Amendment 1265 #
Proposal for a directive
Annex I – paragraph 1 – point f c (new)
Annex I – paragraph 1 – point f c (new)
(fc) include dynamic contracts and offers provided by aggregators based on best information available about future prices and a possible price range;
Amendment 1269 #
Proposal for a directive
Annex I – paragraph 1 – point g a (new)
Annex I – paragraph 1 – point g a (new)
(ga) include prices and tariffs, and the quality of service performance for end- users;
Amendment 1271 #
Proposal for a directive
Annex I – paragraph 1 – point g b (new)
Annex I – paragraph 1 – point g b (new)
(gb) be accessible for persons with disabilities;
Amendment 1272 #
Proposal for a directive
Annex I – paragraph 1 – point g c (new)
Annex I – paragraph 1 – point g c (new)
(gc) include information on the necessity to sign for bundled services to be able to benefit from energy offer discounts;
Amendment 1274 #
Proposal for a directive
Annex I – paragraph 1 a (new)
Annex I – paragraph 1 a (new)
Amendment 1276 #
Proposal for a directive
Annex I – paragraph 1 b (new)
Annex I – paragraph 1 b (new)
No provider shall be given favourable treatment in search results based on criteria other than the objective criteria used to trigger the search.