Sittings · Document

OPINION (COM(2021)0803 – C90468/2021 – 2021/0425(COD)) 2022-11-08

On the proposal for a directive of the European Parliament and of the Council on common rules for the internal markets in renewable and natural gases and in hydrogen

Committee on the Internal Market and Consumer Protection · Rapporteur: Maria Grapini

PA_Legam

SHORT JUSTIFICATION

On 15 December 2021, the European Commission proposed a directive on common rules for the internal markets in renewable and natural gases and in hydrogen. The purpose of this directive is to create a solid policy framework ensuring an appropriate transition from fossil gas towards low-carbon and renewable gases in order to create a European-wide market for renewable and low-carbon gases and to meet the ambitious Union climate targets. The rapporteur welcomes the Commission’s proposal to remove the existing regulatory barriers on the markets and to create the appropriate conditions for renewable and decarbonised gas, ensuring at the same time energy security and market liquidity. Especially the alignment of consumer protection rights with the already existing protection in electricity markets is very timely in the context of rising energy costs. One third of the energy used by European households is natural gas. Costs for consumers need to be kept low.

Hydrogen will remain an expensive energy carrier and therefore not a suitable option for consumers’ residential heating needs. Despite not promoting hydrogen usage for consumers, they should benefit from the same level of protection on the entire gases market, independently of the gas mix available to them.

Gas consumers find it difficult to understand what they are paying for, how to distinguish between different offers and how sustainable their gas supply is. It is therefore crucial to set clear rules in order for consumers to have access to comparison tools covering the entire gases market, so as to enable consumers to choose the most suitable offer for them. Suppliers should provide information about all available offers in order to feed the comparison tool. This comparison tool should be easily understandable and empower consumers to understand what they are paying for, how to differentiate between different offers and how sustainable their gas supply is.

The rapporteur believes that Member States should apply the necessary measures to protect vulnerable consumers prone to suffer from energy poverty. The current energy price crisis illustrates the need for a sound protection of energy poor and vulnerable consumers. This is why the rapporteur suggests mirroring the identification criteria from the Electricity Directive, providing for an accurate identification of vulnerable consumers who are suffering from energy poverty. As well, social and economic support should be provided to these consumers, in order to avoid their stigmatisation and to ensure that no one is left behind. Consumers should especially be protected from disconnections during winter times, where their life and health is at stake.

Moreover, consumers should have the right to switch easily gas suppliers. Providers of bundled services shall give final customers the possibility to cancel or switch individual parts of the bundled contract through direct negotiation between the contracting parties.

As regards e smart metering systems, it is important that a cost-benefit assessment be carried out in order to estimate the benefits emerging from the use of smart meters for consumers so as not to create additional investments and burdens for consumers in a time where fossil gases need to be phased out.

Furthermore, a new provision on third party intermediaries is needed when they are completing tasks exercised by the energy supplier, as third parties intermediaries are unregulated and consumers should be able to rely on their rights provided by this directive.

The final customers who are able to store and self-generate renewable gas should have the right to participate in all gas markets and value chains, providing necessary services to the energy system.

All in all, the proposed directive aims to safeguard the functioning of the internal market for gases and to ensure a high level of consumer protection, independently of the energy mix.

AMENDMENTS

The Committee on the Internal Market and Consumer Protection calls on the Committee on Industry, Research and Energy, as the committee responsible, to take into account the following amendments:

Amendment 1

Proposal for a directive

Recital 4

Text proposed by the Commission

Amendment

(4) As part of the Package “Clean Energy for all Europeans” proposed by the Commission on 30 November 2016, Regulation (EU) 2019/9436 and Directive (EU) 2019/9447 brought about a further step in the development of the internal market for electricity with citizens at its core and contributing to the Union’s objectives of transition to a clean energy system and reducing greenhouse gas emissions. The internal market in natural gas should be built on those same principles and, in particular, ensure an equal level of consumer protection.

(4) As part of the Package “Clean Energy for all Europeans” proposed by the Commission on 30 November 2016, Regulation (EU) 2019/9436 and Directive (EU) 2019/9447 brought about a further step in the development of the internal market for electricity with citizens at its core and contributing to the Union’s objectives of transition to a clean energy system and reducing greenhouse gas emissions. The internal market in natural gas and renewable gases should be built on those same principles and ensure an equal level of consumer protection so that no one is left behind and in particular to protect consumers against higher tariffs that may be used to subsidise investments that they will not benefit from in the future.

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6 Regulation (EU) 2019/943 of the European Parliament and of the Council of 5 June 2019 on the internal market for electricity (OJ L 158, 14.6.2019, p. 54).

7 Directive (EU) 2019/944 of the European Parliament and of the Council of 5 June 2019 on common rules for the internal market for electricity and amending Directive 2012/27/EU (OJ L 158, 14.6.2019, p. 125).

Amendment 2

Proposal for a directive

Recital 6

Text proposed by the Commission

Amendment

(6) This Directive aims to facilitate the penetration of renewable and low-carbon gases into the energy system enabling a shift from fossil gas and to allow these new gases to play an important role towards achieving the EU’s 2030 climate objectives and climate neutrality in 2050. The Directive aims also to set up a regulatory framework which enables and incentivises all market participants to take the transitional role of fossil gas into account while planning their activities to avoid lock-in effects and ensure gradual and timely phase-out of fossil gas notably in all relevant industrial sectors and for heating purposes.

Amendment 3

Proposal for a directive

Recital 8

Text proposed by the Commission

Amendment

(8) In line with the EU Hydrogen Strategy, renewable hydrogen is expected to be deployed on a large-scale from 2030 onwards for the purpose of decarbonising certain sectors, ranging from aviation and shipping to hard-to-decarbonise industrial sectors. All final customers connected to hydrogen systems will benefit from basic consumer rights applicable to final customers connected to the natural gas system such as the right to switch supplier and accurate billing information. In those instances where customers are connected to the hydrogen network, e.g. industrial customers, they will benefit from the same consumer protection rights applicable to natural gas customers. However, consumer provisions designed to encourage household participation on the market such as price comparison tools, active customers and citizen energy communities do not apply to the hydrogen system.

(8) In line with the EU Hydrogen Strategy, renewable hydrogen is expected to be deployed on a large-scale from 2030 onwards for the purpose of decarbonising certain sectors, ranging from aviation and shipping to hard-to-decarbonise industrial sectors. All final customers connected to hydrogen systems will benefit from consumer protection rules and basic consumer rights applicable to final customers connected to the natural gas system such as the right to switch supplier and accurate billing information. In those instances where customers are connected to the hydrogen network, e.g. industrial customers, they will benefit from the same consumer protection rights applicable to natural gas customers. However, consumer provisions designed to encourage household participation on the market such as price comparison tools, active customers and citizen energy communities do not apply to the hydrogen system.

Amendment 4

Proposal for a directive

Recital 9

Text proposed by the Commission

Amendment

(9) In line with the EU Hydrogen Strategy, the priority for the EU is to develop renewable hydrogen produced using mainly wind and solar energy. Renewable hydrogen is the most compatible option with the EU’s climate neutrality and zero pollution goal in the long term and the most coherent with an integrated energy system. However, low-carbon fuels (LCFs) such as low-carbon hydrogen (LCH) may play a role in the energy transition, particularly in the short and medium term to rapidly reduce emissions of existing fuels, and support the uptake of renewable fuels such as renewable hydrogen. In order to support the transition, it is necessary to establish a threshold for greenhouse gas emission reductions for low-carbon hydrogen and synthetic gaseous fuels. Such threshold should become more stringent for hydrogen produced in installations starting operations from 1 January 2031 to take into account technological developments and better stimulate the dynamic progress towards the reduction of greenhouse gas emissions from hydrogen production. The EU Energy System Integration strategy highlighted the need to deploy an EU–wide certification system to also cover low-carbon fuels with the aim to enable Member States to compare them with other decarbonisation options and consider them in their energy mix as a viable solution. In order to ensure that LCF have the same decarbonisation impact as compared to other renewable alternatives it is important that they are certified by applying a similar methodological approach based on a life cycle assessment of their total greenhouse gas (‘GHG’) emissions. This would allow deploying a comprehensive EU-wide certification system, covering the whole Union energy mix. Taking into consideration that LCF and LCH are not renewable fuels, their terminology and certification could not be included in the proposal for the revision of Directive (EU) 2018/2001 of the European Parliament and of the Council8 . Therefore, their inclusion in this Directive fills in this gap.

(9) In line with the EU Hydrogen Strategy, the priority for the EU is to develop renewable hydrogen produced using mainly wind and solar energy. Renewable hydrogen is the most compatible option with the EU’s climate neutrality and zero pollution goal in the long term and the most coherent with an integrated energy system. However, low-carbon fuels (LCFs) such as low-carbon hydrogen (LCH) will play a role in the energy transition, particularly in the short and medium term to rapidly reduce emissions of existing fuels, and support the uptake of renewable fuels such as renewable hydrogen and the decarbonisation of Europe’s energy-intensive industries and transport. In order to support the transition, it is necessary to establish a realistic threshold for greenhouse gas emission reductions for low-carbon hydrogen and synthetic gaseous fuels. Such threshold should become more stringent for hydrogen produced in installations starting operations from 1 January 2031 to take into account technological developments and better stimulate the dynamic progress towards the reduction of greenhouse gas emissions from hydrogen production. The EU Energy System Integration strategy highlighted the need to deploy an EU–wide certification system to also cover low-carbon fuels with the aim to enable Member States to compare them with other decarbonisation options and consider them in their energy mix as a viable solution. In order to ensure that LCF have the same decarbonisation impact as compared to other renewable alternatives, to ensure consumers’ trust, and to support the development of a global trade in LCF, it is important that LCF are certified by applying an accurate methodological approach based on a life cycle assessment of their total greenhouse gas (‘GHG’) emissions. This would allow deploying a comprehensive EU-wide certification system, covering the whole Union energy mix. Taking into consideration that LCF and LCH are not renewable fuels, their terminology and certification could not be included in the proposal for the revision of Directive (EU) 2018/2001 of the European Parliament and of the Council8. Therefore, their inclusion in this Directive fills in this gap.

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8 Directive (EU) 2018/2001 of the European Parliament and of the Council of 11 December 2018 on the promotion of the use of energy from renewable sources (OJ L 328, 21.12.2018, p. 82).

Amendment 5

Proposal for a directive

Recital 10

Text proposed by the Commission

Amendment

(10) The freedoms which the Treaty guarantees the citizens of the Union — inter alia, the free movement of goods, the freedom of establishment and the freedom to provide services — are achievable only in a fully open market, which enables all consumers freely to choose their suppliers and all suppliers freely to deliver to their customers. A fully integrated EU energy market should prioritise better connection of energy infrastructure between Member States alongside fair and open competition.

Amendment 6

Proposal for a directive

Recital 11

Text proposed by the Commission

Amendment

(11) Consumer interests should be at the heart of this Directive and quality of service should be a central responsibility of natural gas undertakings. Existing rights of consumers and rights for access to essential services, including energy, and safeguarding against energy poverty, as stated in the European Pillar of Social Rights communication need to be strengthened and guaranteed, and should include greater transparency. Consumer protection should ensure that all consumers in the wider remit of the Union benefit from a competitive gas market. Consumer rights should be enforced by Member States or, where a Member State has so provided, the regulatory authorities.

(11) Consumer interests should be at the heart of this Directive and quality of service should be a central responsibility of natural gas undertakings. Existing rights of consumers and rights for access to essential services, including energy, as well as the right to a secure an affordable energy supply, and safeguarding against energy poverty, as stated in the European Pillar of Social Rights communication and the REPowerEU Plan need to be strengthened and guaranteed, and should include greater transparency. Consumer protection should ensure that all consumers in the wider remit of the Union benefit from a competitive gas and hydrogen market. Consumer rights should be enforced by Member States or, where a Member State has so provided, the regulatory authorities.

Amendment 7

Proposal for a directive

Recital 12 a (new)

Text proposed by the Commission

Amendment

(12a) The REPower EU Plan underlines that during the EU’s clean energy transition, the decoupling from Russian energy imports can lead to higher and more volatile energy prices and therefore emphasises the need, at Member State level, for targeted measures to minimise volatility, keep prices in check and protect the individuals in or at risk of energy poverty in order to ensure a fair transition for all.

Amendment 8

Proposal for a directive

Recital 14

Text proposed by the Commission

Amendment

(14) Member States should have a wide discretion to impose public service obligations on gas undertakings in pursuing objectives of general economic interest. However, public service obligations in the form of price setting for the supply of natural gas constitute a fundamentally distortive measure that often leads to the accumulation of tariff deficits, the limitation of consumer choice, poorer incentives for energy saving and energy efficiency investments, lower standards of service, lower levels of consumer engagement and satisfaction, and the restriction of competition, as well as to there being fewer innovative products and services on the market. Consequently, Member States should apply other policy tools, in particular targeted social policy measures, to safeguard the affordability of natural gas supply to their citizens. Public interventions in price setting for the supply of natural gas should be carried out only as public service obligations and should be subject to specific conditions. A fully liberalised, well-functioning retail natural gas market would stimulate price and non-price competition among existing suppliers and provide incentives to new market entrants, thereby improving consumer choice and satisfaction.

(14) Member States should have a wide discretion to impose public service obligations on gas undertakings in pursuing objectives of general economic interest. However, public service obligations in the form of price setting for the supply of natural gas constitute a fundamentally distortive measure that often leads to the accumulation of tariff deficits, the limitation of consumer choice, poorer incentives for energy saving and energy efficiency investments, lower standards of service, lower levels of consumer engagement and satisfaction, and the restriction of competition, as well as to there being fewer innovative products and services on the market. Consequently, Member States should apply other policy tools, in particular targeted social policy measures, to safeguard the affordability of natural gas supply to their citizens and to ensure a fair transition for all and that no one is left behind. Public interventions in price setting for the supply of natural gas should be carried out only as public service obligations and should be subject to specific conditions. A fully liberalised, well-functioning retail natural gas market would stimulate price and non-price competition among existing suppliers and provide incentives to new market entrants, thereby improving consumer choice and satisfaction.

Amendment 9

Proposal for a directive

Recital 16 a (new)

Text proposed by the Commission

Amendment

(16a) When implementing fuel switch policies, Member States may conduct distributional impact assessments in order to determine whether public intervention is necessary to address disproportional effects on certain customer groups.

Amendment 10

Proposal for a directive

Recital 17

Text proposed by the Commission

Amendment

(17) Clear and comprehensible information should be made available to consumers concerning their rights in relation to the energy sector. The Commission has established , after consulting relevant stakeholders including Member States, regulatory authorities, consumer organisations and natural gas undertakings, an accessible, user-friendly energy consumer checklist providing consumers with practical information about their rights. That energy consumer checklist should be maintained to date, provided to all consumers and should be made publicly available.

(17) Clear and comprehensible information should be made available to consumers concerning their rights in relation to the energy sector. The Commission has established , after consulting relevant stakeholders including Member States, regulatory authorities, consumer organisations and natural gas undertakings, an accessible, user-friendly energy consumer checklist providing consumers with practical information about their rights. That energy consumer checklist should be regularly maintained, updated and should reflect current market developments, where possible. It should be provided to all consumers and should be made publicly available.

Amendment 11

Proposal for a directive

Recital 20

Text proposed by the Commission

Amendment

(20) Natural gas still plays a key role in energy supply, as household energy consumption from natural gas is still higher than from electricity. Although electrification is a key element of the green transition, in the future there will still be household natural gas consumption including increasing volumes of renewable gas.

Amendment 12

Proposal for a directive

Recital 23

Text proposed by the Commission

Amendment

(23) As in the electricity sector, market flexibilities and an adequate Union consumer rights’ legal framework in the natural gas sector are essential to ensure that consumers can participate in the energy transition and benefit from affordable prices, good standards of service, and effective choice of offers mirroring technological developments.

(23) As in the electricity sector, market flexibilities and an adequate Union consumer rights’ legal framework in the natural gas sector are essential to ensure that all citizens can participate in the energy transition and benefit from affordable prices, good standards of service, and effective choice of offers mirroring sustainable technological developments.

Amendment 13

Proposal for a directive

Recital 24

Text proposed by the Commission

Amendment

(24) The switch from fossil gas to renewable alternatives will concretise if energy from renewable sources becomes an attractive, non-discriminatory choice for consumers based on truly transparent information where the transition costs are fairly distributed among different groups of consumers and market players.

(24) The switch from fossil gas to renewable alternatives, including biomethane, will concretise if energy from renewable sources becomes an available, attractive, non-discriminatory choice for all consumers based on truly transparent information where the transition costs are fairly distributed among different groups of consumers and market players.

Amendment 14

Proposal for a directive

Recital 27

Text proposed by the Commission

Amendment

(27) To be coherent and effective, this mirroring approach should be encompass all consumer protection and empowerment provisions, whenever feasible and adaptable to the gas market. This should go from basic contractual rights to rules for billing information, switching energy provider, having at disposal reliable comparison tools, protecting vulnerable and energy poor consumers, ensuring adequate data protection for smart meters and data management, and efficient alternative dispute resolution rules.

(27) To be coherent and effective, this mirroring approach should encompass all consumer protection provisions. This should go from basic contractual rights and comprehensive pre-contractual information to rules for billing information, switching energy provider, having at disposal reliable comparison tools, especially protecting vulnerable and energy poor consumers, ensuring adequate data protection for smart meters and data management, and efficient alternative dispute resolution rules.

Amendment 15

Proposal for a directive

Recital 29

Text proposed by the Commission

Amendment

(29) The modernisation of the gas sector is expected to lead to substantial economic benefits in terms of both improved retail competition and its social and distributional benefits and customer empowerment, including strengthened contractual rights and better available information on consumption and energy sources leading to greener choices. Energy communities-of-interest should contribute to the uptake of renewable gas.

(29) The modernisation of the gas sector is expected to lead to substantial economic benefits through improved retail competition while also delivering incentives and supports for new market entrants, and its social and distributional benefits and customer empowerment, including strengthened contractual rights and better available information on consumption and energy sources leading to greener and more price-competitive choices, such as uptaking energy efficiency measures and long-term, switching from gas to other more sustainable and efficient energy sources, such as renewable. Energy communities-of-interest should contribute to the uptake of renewable gas.

Amendment 16

Proposal for a directive

Recital 30

Text proposed by the Commission

Amendment

(30) Switching is an important indicator of consumer engagement as well as in important tool to boost competition on the natural gas market. Switching rates remain inconsistent among Member States and consumers are discouraged from switching by exit and termination fees. Although removing such fees might limit consumer choice by eliminating products based on rewarding consumer loyalty, restricting their use further should improve consumer welfare, consumer engagement and competition in the market.

(30) Switching is an important indicator of consumer engagement as well as an important tool to boost competition on the natural gas market and should therefore be guaranteed as a basic right to consumers. However, switching rates remain inconsistent among Member States and consumers are discouraged from switching both energy source and supplier by exit and termination fees. Although removing such fees might limit consumer choice by eliminating products based on rewarding consumer loyalty, restricting their use further should improve consumer welfare, consumer engagement and competition in the market, including promoting the use of biomethane and other low-carbon and renewable gases.

Amendment 17

Proposal for a directive

Recital 30 a (new)

Text proposed by the Commission

Amendment

(30a) In case of bundled investment in equipment, the economic loss resulting from the customer’s termination of the contract before its maturity should be determined based on the remaining part of the service fee until the end of the contract. In line with the contractual freedom, if provided for in contractual clauses, providers of bundled services should give final customers the possibility to cancel or switch individual parts of the bundled contract through direct negotiation.

Amendment 18

Proposal for a directive

Recital 32

Text proposed by the Commission

Amendment

(32) Several factors impede consumers from accessing, understanding and acting upon the various sources of market information available to them. It follows that the comparability of offers should be improved and barriers to switching should be minimised to the greatest practicable extent without unduly limiting consumer choice.

(32) Several factors impede consumers from accessing, understanding and acting upon the various sources of market information available to them. It follows that the comparability of offers should be improved, through adequate consumer information, including on the environmental impact of the energy offers, and comparison tools for all customers, and unjustified barriers to switching should be removed without unduly limiting consumer choice.

Amendment 19

Proposal for a directive

Recital 33

Text proposed by the Commission

Amendment

(33) Independent comparison tools, including websites, are an effective means for smaller customers to assess the merits of the different energy offers that are available on the market. They should aim to include the broadest possible range of available offers, and to cover the market as completely as is feasible so as to give the customer a representative overview in a clear and easy to understand manner. Where the environmental impact is promoted as an essential feature of the offer, comparison tools should also include a description of that environmental impact. It is crucial that smaller customers have access to at least one comparison tool and that the information given on such tools be trustworthy, impartial, transparent and easy to understand. To that end, Member States could provide for a comparison tool that is operated by a national authority or a private company. It is also vital to provide customers with a clear and understandable pre-contractual information, so that they are fully aware about the details and consequences of the contract.

Amendment 20

Proposal for a directive

Recital 34

Text proposed by the Commission

Amendment

(34) Final customers should also be able to consume, to store and to sell self-generated renewable gas and participate in all natural gas markets by providing ancillary services to the system, for instance through energy storage. Member States should be able to have different provisions in their national law with respect to taxes and levies for individual and jointly-acting active customers.

(34) In some instances, final customers, particularly those in the agricultural sector, are able to consume, to store and to sell self-generated renewable gas. To the extent that they are able to undertake these activities, these customers should be able to participate in all natural gas markets including local supply, providing ancillary services to the system, and energy storage, while maintaining their rights as final customers. Member States should be able to provide different provisions in their national law with respect to taxes and levies for individual and jointly-acting active customers.

Amendment 21

Proposal for a directive

Recital 35 a (new)

Text proposed by the Commission

Amendment

(35a) Renewable energy communities, pursuant to Directive (EU) 2018/2001, and citizen energy communities, pursuant to Directive (EU) 2019/944, can contribute to the production, storage and supply of renewable gas, helping to decarbonize the energy system. In particular, renewable energy communities can help contribute to the development of a local circular economy, specifically in rural regions. Where strict environmental standards, for instance to prevent methane leakage, are respected, citizen energy communities can also help consumers further away from biogas production, with the uptake of renewable gas offers. There is a need to provide a level playing field so that renewable gases, such as biomethane, can be integrated into the natural gas system. At the same time it should be ensured that the obligations under Directive (EU) 2018/2001 are respected and that this Regulation does not create any incentive to create energy-crops, which would not only lead to mono-cultures and related problems, but enhance the scarcity of food-crops.

Amendment 22

Proposal for a directive

Recital 36

Text proposed by the Commission

Amendment

(36) The provisions on citizen energy communities do not preclude the existence of other citizen initiatives such as Renewable Energy Communities in Directive (EU) 2018/2001 or those stemming from private law agreements. Membership of citizen energy communities should be open to all categories of entities. However, the decision-making powers within a citizen energy community should be limited to those members or shareholders that are not engaged in large-scale commercial activity and for which the energy sector does not constitute a primary area of economic activity. This means that citizen energy communities and individual members or shareholders need to be financially and economically independent from entities engaged in such activities, notwithstanding the possibility for citizen energy communities to delegate the management of the installations required for their activities, including installation, operation, data handling and maintenance.

Amendment 23

Proposal for a directive

Recital 37

Text proposed by the Commission

Amendment

(37) Bills and billing information are an important means to inform and empower final customers. Energy bills remain the most common consumer concern and source of consumer complaints, a factor that contributes to the persistently low levels of consumer satisfaction and engagement in the gas sector. Provisions for billing information in the gas sector also lag behind rights granted to consumers in the electricity sector. It is therefore necessary to align them and to set minimum requirements for bills and billing information in the gas sector, so that consumers have access to transparent, easy to understand information. Bills should convey information to the final consumers on their consumption and costs, thus facilitating comparison between offers and switching supplier, as well as information on their consumer rights (such as on alternative dispute resolution). In addition, bills should be a tool to actively engage consumers in the market, so that consumers can manage their consumption patterns and make greener choices.

(37) Bills and billing information are an important means to inform and empower final customers. Energy bills remain the most common consumer concern and source of consumer complaints, a factor that contributes to the persistently low levels of consumer satisfaction and engagement in the gas sector. Provisions for billing information in the gas sector also lag behind rights granted to consumers in the electricity sector, therefore holding back the full potential of consumer engagement in the gas sector, particularly when it comes to renewable and low-carbon gases. It is therefore necessary to align them and to set minimum requirements for bills and billing information in the gas sector, so that all consumers have access to transparent, complete, easy to understand information. Bills should convey information to the final consumers on their consumption and costs, type of energy, its share and quantity, thus facilitating comparison between offers and switching supplier, as well as information on their consumer rights (such as on alternative dispute resolution) and source of purchased energy. In addition, bills should be a tool to actively engage consumers in the market, so that consumers can manage their consumption patterns and make greener choices. Consumers should be able to access accurate billing information in both online and offline formats.

Amendment 24

Proposal for a directive

Recital 39

Text proposed by the Commission

Amendment

(39) A key aspect in supplying customers is access to objective and transparent consumption data. Thus, consumers should have access to their consumption data and associated prices and services costs so that they can invite competitors to make an offer based on that information . Consumers should also have the right to be properly informed about their energy consumption. Prepayments should not place a disproportionate disadvantage on their users, while different payment systems should be non-discriminatory. Information on energy costs provided to consumers frequently enough should create incentives for energy savings because it will give customers direct feedback on the effects of investment in energy efficiency and change of behaviour.

(39) A key aspect in supplying customers is access to objective and transparent consumption data. Thus, consumers should have access to their consumption data and associated prices and services costs so that they can invite competitors to make an offer based on that information . Consumers should also have the right to be properly informed about their energy consumption and should be able to readily access that information. Prepayments should not place a disproportionate disadvantage on their users, while different payment systems should be non-discriminatory. Information on energy costs provided to consumers frequently enough should create incentives for energy savings because it will give customers direct feedback on the effects of investment in energy efficiency and change of behaviour.

Amendment 25

Proposal for a directive

Recital 42 a (new)

Text proposed by the Commission

Amendment

(42a) Benefits to network operations, namely savings for the operator, for instance due to better network management, or more precise planning and identification of network losses, should, where feasible, be assessed and deducted when calculating the final customers’ contribution to the associated costs of the deployment of smart metering systems.

Amendment 26

Proposal for a directive

Recital 43

Text proposed by the Commission

Amendment

(43) Currently, different models for the management of data have been developed or are under development in Member States following deployment of smart metering systems. Independently of the data management model it is important that Member States put in place transparent rules that data can be accessed under non-discriminatory conditions and ensure the highest level of cybersecurity and data protection as well as the impartiality of the entities which process data.

(43) Currently, different models for the management of data have been developed or are under development in Member States following deployment of smart metering systems. Independently of the data management model it is important that Member States put in place transparent rules that data can be accessed under non-discriminatory conditions by all consumers and ensure the highest level of cybersecurity and data protection as well as the impartiality of the entities which process data.

Amendment 27

Proposal for a directive

Recital 44

Text proposed by the Commission

Amendment

(44) Greater consumer protection is guaranteed by the availability of effective means of dispute settlement for all consumers. Member States should provide for speedy and effective complaint handling procedures. Guidance about where and how to complain should be provided in consumer contracts and billing information.

Amendment 28

Proposal for a directive

Recital 46

Text proposed by the Commission

Amendment

(46) Pursuant to Regulation (EU) 2018/1999 and Directive (EU) 2019/944 of the European Parliament and of the Council10 , the Commission provided indicative guidance11 on appropriate indicators for measuring energy poverty and defining a ‘significant number of households in energy poverty’. The Commission, together with Eurostat and Member States, should improve the comparability of datasets so that these become comparable, where possible, across Member States within two years after the entry into force of this Directive.

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10 Directive (EU) 2019/944 of the European Parliament and of the Council of 5 June 2019 on common rules for the internal market for electricity and amending Directive 2012/27/EU (OJ L 158, 14.6.2019, p. 125).

11 Commission Recommendation of 14.10.2020 on energy poverty, C(2020) 9600 final

Amendment 29

Proposal for a directive

Recital 100 a (new)

Text proposed by the Commission

Amendment

(100a) Third-party intermediaries, such as automated switching tools and bill splitters, are increasingly used by consumers to, inter alia, split their bills or switch suppliers. Where third party intermediaries are completing tasks usually performed by energy suppliers, they should be bound by the same legislative framework.

Amendment 30

Proposal for a directive

Article 1 – paragraph 1

Text proposed by the Commission

Amendment

1. This Directive establishes common rules for the transmission, distribution, supply and storage of gases within the meaning of Article 2, point (2) using the natural gas system defined in point (3) of that Article . It lays down the rules relating to the organisation and functioning of that sector, access to the market, the criteria and procedures applicable to the granting of authorisations for transmission, distribution, supply and storage of gases using the natural gas system and the operation of systems.

1. This Directive establishes common rules for the transmission, distribution, supply and storage of gases within the meaning of Article 2, point (2) using the natural gas system defined in point (3) of that Article together with consumer protection provisions. It lays down the rules relating to the organisation and functioning of that sector, access to a truly integrated, competitive, consumer-centred, flexible, fair, transparent and non-discriminatory market, the criteria and procedures applicable to the granting of authorisations for transmission, distribution, supply and storage of gases using the natural gas system and the operation of systems.

Amendment 31

Proposal for a directive

Article 1 – paragraph 4 a (new)

Text proposed by the Commission

Amendment

4a. Articles 10, 11, 15 and 23 and Annex I shall also apply to third-party intermediaries when they are completing tasks usually performed by the energy supplier.

Amendment 32

Proposal for a directive

Article 2 – paragraph 1 – point 41 a (new)

Text proposed by the Commission

Amendment

(41a) ‘protected customer’ means protected customer as defined in point (5) of Article 2 of Regulation (EU) 2017/1938 of the European Parliament and of the Council;

Amendment 33

Proposal for a directive

Article 2 – paragraph 1 – point 71 a (new)

Text proposed by the Commission

Amendment

(71a) 'third-party intermediary' means a natural or legal person who is not acting as a natural gas undertaking, and who, in the course of his or her trade, business or profession:

(a) presents or offers gas supply contracts or related services to consumers;

(b) assists consumers by undertaking energy management services or contract-related services other than those referred to in point (a);

(d) concludes gas supply contracts with consumers on behalf of the natural gas undertaking;

Amendment 34

Proposal for a directive

Article 4 – paragraph 2 a (new)

Text proposed by the Commission

Amendment

2a. Member States shall take appropriate measures to require network operators to maintain separate regulated asset bases for gas, electricity and hydrogen assets in accordance with [Proposal for a Regulation of the European Parliament and of the Council on the internal markets for renewable and natural gases and for hydrogen (recast)

COM/2021/804 ]. Member States shall also ensure that network operators do not include additional costs in their gas network tariffs for consumers, which are related to a possible transformation of the existing gas network into a hydrogen network.

Amendment 35

Proposal for a directive

Article 4 – paragraph 3

Text proposed by the Commission

Amendment

3. By way of derogation from paragraphs 1 and 2, Member States may apply public interventions in the price setting for the supply of natural gas to energy poor or vulnerable household customers. Such public interventions shall be subject to the conditions set out in paragraphs 4 and 5.

3. By way of derogation from paragraphs 1 and 2, Member States may apply public interventions in the price setting for the supply of gases to energy poor or vulnerable household customers as well as to other protected customers in the exceptional event of an unprecedented price increase. Such public interventions shall be subject to the conditions set out in paragraphs 4 and 5.

Amendment 36

Proposal for a directive

Article 4 – paragraph 4 – introductory part

Text proposed by the Commission

Amendment

4. Public interventions in the price setting for the supply of natural gas shall:

4. Public interventions in the price setting for the supply of gases shall:

Amendment 37

Proposal for a directive

Article 4 – paragraph 4 – point b

Text proposed by the Commission

Amendment

(b) be clearly defined, transparent, non-discriminatory and verifiable;

(b) be clearly defined, transparent, non-discriminatory, verifiable and fair for all suppliers;

Amendment 38

Proposal for a directive

Article 4 – paragraph 4 – point c

Text proposed by the Commission

Amendment

Amendment 39

Proposal for a directive

Article 4 – paragraph 5

Text proposed by the Commission

Amendment

5. Any Member State applying public interventions in the price setting for the supply of natural gas in accordance with paragraph 3 of this Article shall also comply with of Article 3(3), point (d) and with Article 24 of Regulation (EU) 2018/1999, regardless of whether the Member State concerned has a significant number of households in energy poverty.

5. Any Member State applying public interventions in the price setting for the supply of gases in accordance with paragraph 3 of this Article shall also comply with of Article 3(3), point (d) and with Article 24 of Regulation (EU) 2018/1999, regardless of whether the Member State concerned has a significant number of households in energy poverty.

Amendment 40

Proposal for a directive

Article 4 – paragraph 6

Text proposed by the Commission

Amendment

6. For the purpose of a transition period to establish effective competition for natural gas supply contracts between suppliers, and to achieve fully effective market-based retail pricing of gas in accordance with paragraph 1, Member States may apply public interventions in the price setting for the supply of natural gas to household customers and to microenterprises that do not benefit from public interventions pursuant to paragraph 3.

6. For the purpose of a transition period to establish effective competition for supply contracts for gases between suppliers, and to achieve fully effective market-based retail pricing of gas in accordance with paragraph 1, Member States may apply public interventions in the price setting for the supply of natural gas to household customers and to microenterprises that do not benefit from public interventions pursuant to paragraph 3.

Amendment 41

Proposal for a directive

Article 8 – paragraph 4

Text proposed by the Commission

Amendment

4. The obligations laid down in paragraph 2 shall apply regardless of whether low carbon fuels are produced within the Union or are imported. Information about the geographic origin and feedstock type of low carbon fuels or low carbon hydrogen per fuel supplier shall be made available to consumers on the websites of operators, suppliers or the relevant competent authorities and shall be updated on an annual basis.

4. The obligations laid down in paragraph 2 shall apply regardless of whether low carbon fuels are produced within the Union or are imported. Information about the geographic origin and feedstock type of low carbon fuels or low carbon hydrogen per fuel supplier shall be made available to consumers on their energy bills and websites of operators, suppliers or the relevant competent authorities and shall be updated on an annual basis.

Amendment 42

Proposal for a directive

Article 10 – paragraph 3 – subparagraph 1 – point a

Text proposed by the Commission

Amendment

(a) the identity and address of the supplier;

(a) the identity and address of the supplier and its contact details (phone number, email address and contact details of customer service);

Amendment 43

Proposal for a directive

Article 10 – paragraph 3 – subparagraph 1 – point f a (new)

Text proposed by the Commission

Amendment

(fa) product name and main features, including, where the environmental impact is promoted as an essential feature of the offer, a description of this environmental impact, at least in respect of CO2 emissions resulting from the gases supplied by the supplier over the preceding year;

Amendment 44

Proposal for a directive

Article 10 – paragraph 3 – subparagraph 1 – point h

Text proposed by the Commission

Amendment

(h) information relating to consumer rights, including information on complaint handling and all the information referred to in this paragraph, clearly communicated on the bill or the hydrogen or natural gas undertaking's web site.

(h) information relating to consumer rights, including clear and understandable information on complaint handling, including how and where a complaint should be submitted and all the information referred to in this paragraph, clearly communicated on the bill or the hydrogen or natural gas undertaking's web site.

Amendment 45

Proposal for a directive

Article 10 – paragraph 3 – subparagraph 1 – point h a (new)

Text proposed by the Commission

Amendment

(ha) information on the provider and the price of additional services, where relevant, such as insurance and energy efficiency services.

Amendment 46

Proposal for a directive

Article 10 – paragraph 3 – subparagraph 2

Text proposed by the Commission

Amendment

Conditions shall be fair and well known in advance. In any case, the information shall be provided prior to the conclusion or confirmation of the contract. Where contracts are concluded through intermediaries, the information referred to points (a) to (f) shall also be provided prior to the conclusion of the contract.

Conditions shall be fair and well known in advance. In any case, the information shall be provided in consumer friendly, clear and unambiguous language, prior to the conclusion or confirmation of the contract. Where contracts are concluded through intermediaries, the information referred to points (a) to (f) shall also be provided prior to the conclusion of the contract.

Amendment 47

Proposal for a directive

Article 10 – paragraph 3 – subparagraph 3

Text proposed by the Commission

Amendment

Final customers shall be provided with a summary of the key contractual conditions in a prominent manner and in concise and simple language.

Final customers shall be provided with a summary of the key contractual conditions in a prominent manner in one document and in concise and simple language.

Amendment 48

Proposal for a directive

Article 10 – paragraph 3 – subparagraph 3 a (new)

Text proposed by the Commission

Amendment

Member States shall ensure, through their National Regulatory Authorities, the use of common terminology agreed at national level.

Amendment 49

Proposal for a directive

Article 10 – paragraph 5

Text proposed by the Commission

Amendment

5. Suppliers shall provide final customers with transparent information on applicable prices and tariffs and on standard terms and conditions, in respect of access to and use of gases services.

5. Suppliers shall provide final customers with transparent information on applicable prices, tariffs, standard terms and conditions, in respect of access to and use of gases services, especially on whether the price is fixed or variable and, if relevant, on possible promotions or discounts, and additional products and/or services bundled with the gas services.

Amendment 50

Proposal for a directive

Article 10 – paragraph 5 a (new)

Text proposed by the Commission

Amendment

5a. Member States, through their National Regulatory Authorities, shall ensure that key contractual information is identified and highlighted within the offers provided by the suppliers to the consumers and shall monitor and report on transparency of market offers.

Amendment 51

Proposal for a directive

Article 10 – paragraph 6

Text proposed by the Commission

Amendment

6. Suppliers shall offer final customers a wide choice of payment methods. Such payment methods shall not unduly discriminate between customers. Any difference in charges related to payment methods or prepayment systems shall be objective, non-discriminatory and proportionate and shall not exceed the direct costs borne by the payee for the use of a specific payment method or a prepayment system, in accordance with Article 62 of Directive (EU) 2015/2366 of the European Parliament and of the Council25 .

6. Suppliers shall offer final customers a wide choice of payment methods. Such payment methods shall not discriminate between customers. Any difference in charges related to payment methods or prepayment systems shall be objective, non-discriminatory and proportionate and shall not exceed the direct costs borne by the payee for the use of a specific payment method or a prepayment system, in accordance with Article 62 of Directive (EU) 2015/2366 of the European Parliament and of the Council25 .

_________________

25 Directive (EU) 2015/2366 of the European Parliament and of the Council of 25 November 2015 on payment services in the internal market, amending Directives 2002/65/EC, 2009/110/EC and 2013/36/EU and Regulation (EU) No 1093/2010, and repealing Directive 2007/64/EC (OJ L 337, 23.12.2015).

Amendment 52

Proposal for a directive

Article 10 – paragraph 10

Text proposed by the Commission

Amendment

10. Suppliers shall provide natural gas household customers with adequate information on alternative measures to disconnection sufficiently in advance of any planned disconnection. Such alternative measures may incluse information about sources of support to avoid disconnection, prepayment systems, energy audits, energy consultancy services, alternative payment plans, debt management advice or disconnection moratoria and shall not entail an extra cost to the customers facing disconnection.

10. Suppliers shall provide natural gas household customers with adequate information on alternative measures to disconnection sufficiently in advance of any planned disconnection. Such alternative measures shall include information about sources of support to avoid disconnection, prepayment systems, energy audits, energy consultancy services, alternative payment plans, debt management advice or disconnection moratoria and shall not entail an extra cost to the customers facing disconnection.

Disconnections in the case of vulnerable and energy poor household customers using natural gas for heating shall be prohibited during winter times. Member States may extend this prohibition to disconnect during winter times to other household customers as well.

Member States shall ensure that disconnections are prohibited during ongoing judicial or out-of-court disputes between the supplier and customers for a period of 8 weeks.

Amendment 53

Proposal for a directive

Article 11 – paragraph 1

Text proposed by the Commission

Amendment

1. Customers shall have the right to switch gases suppliers or market participants. Member States shall ensure that a customer wishing to switch suppliers or market participants, while respecting contractual conditions, is entitled to such a switch within a maximum of three weeks from the date of the request. By 2026 at the latest, the technical process of switching supplier or market participant shall take no longer than 24 hours and shall be possible on any working day.

1. Customers shall have the right to switch gases suppliers or market participants. Switching supplier or market participant shall be carried out within the shortest possible time, and in any case not later than three weeks from the date of the request. Member States shall ensure that a customer wishing to switch suppliers or market participants, while respecting contractual conditions, is entitled to such a switch within a maximum of three weeks from the date of the request. By 2026 at the latest, the technical process of switching supplier or market participant shall take no longer than 24 hours and shall be possible on any working day.

Amendment 54

Proposal for a directive

Article 11 – paragraph 2

Text proposed by the Commission

Amendment

2. Member States shall ensure that the right to switch supplier or market participant is granted to customers in a non-discriminatory manner as regards cost, effort and time.

2. Member States shall ensure that the right to switch supplier or market participant is granted to all customers in a non-discriminatory manner as regards cost, effort and time.

Amendment 55

Proposal for a directive

Article 11 – paragraph 3 – subparagraph 1 – introductory part

Text proposed by the Commission

Amendment

Member States shall ensure that at least household customers and small enterprises are not charged any switching-related fees for gases. However Member States may allow suppliers or market participants to charge customers contract termination fees where those customers voluntarily terminate fixed-term, fixed-price supply contracts before their maturity, provided that such fees:

Member States shall ensure that at least household customers, including the ones who signed up for a gas offer which is bundled with the provision of related equipment or services, and micro and small enterprises are not charged any switching-related fees for gases. However Member States may allow suppliers or market participants to charge customers contract termination fees where those customers voluntarily terminate fixed-term, fixed-price supply contracts before their maturity, provided that such fees:

Amendment 56

Proposal for a directive

Article 11 – paragraph 4 a (new)

Text proposed by the Commission

Amendment

4a. Member States should ensure that user-friendly information is provided to citizens in relation to the rules and process for switching suppliers in their respective Member State along with any relevant information about the switching as appropriate, including through the single points of contact referred to in Article 23 of this Directive.

Amendment 57

Proposal for a directive

Article 12 – paragraph 1 – subparagraph 1 – introductory part

Text proposed by the Commission

Amendment

Member States shall ensure that at least natural gas household customers, and microenterprises, have access, free of charge, to at least one tool comparing the offers of suppliers, including bundled offers. Customers shall be informed of the availability of such tools in or together with their bills or by other means. The tools shall meet at least the following requirements:

Member States shall ensure that at least natural gas household customers, small and microenterprises, have access, free of charge, to at least one tool comparing the offers of suppliers, including bundled offers. Customers shall be informed of the availability of such tools in or together with their bills or by other means. The tools shall meet at least the following requirements:

Amendment 58

Proposal for a directive

Article 12 – paragraph 1 – subparagraph 2

Text proposed by the Commission

Amendment

Member States shall ensure that at least one tool covers the entire natural gas market. Where multiple tools cover the market, those tools shall include, as complete as practicable, a range of gas offers covering a significant part of the market and, where those tools do not completely cover the market, a clear statement to that effect, before displaying results.

Member States shall ensure that at least one tool covers the entire gas market. Where multiple tools cover the market, those tools shall include, as complete as practicable, a range of gas offers covering a significant part of the market and, where those tools do not completely cover the market, a clear statement to that effect, before displaying results.

Amendment 59

Proposal for a directive

Article 12 – paragraph 3

Text proposed by the Commission

Amendment

3. Member States may require comparison tools referred to in paragraph 1 to include comparative criteria relating to the nature of the services offered by the suppliers.

3. Member States shall require comparison tools referred to in paragraph 1 to include comparative criteria relating to the nature of the services offered by the suppliers, including on whether the price is fixed or variable, the contract length, the single unit price, including all charges and taxes, and discounts, in order to allow final customers to identify the cheapest offer, and in case the environmental impact is promoted as an essential feature of the offer, a description of the environmental impact.

When establishing these criteria, Member States shall consult relevant stakeholders, including organisations representing consumer’s interests.

Amendment 60

Proposal for a directive

Article 12 – paragraph 4

Text proposed by the Commission

Amendment

4. Member States shall appoint a competent authority to be responsible for issuing trust marks for comparison tools that meet the requirements set out in paragraph 1, and for ensuring that comparison tools bearing a trust mark continue to meetthose requirements. In order to enable the competent authorities to issue trust marks, suppliers and relevant intermediaries shall provide them with all available current and past offers. In particular, competent authorities shall carry out regular reviews of price comparison tools bearing a trust mark to ensure that the requirements of paragraphs 1 and 3 are continually being met. That authority shall be independent of any market participants and comparison tool operators.

Amendment 61

Proposal for a directive

Article 13 – paragraph 1

Text proposed by the Commission

Amendment

1. Member States shall ensure that final customers are entitled to act as active customers without being subject to disproportionate or discriminatory technical requirements, administrative requirements, procedures and charges, and to network charges that are not cost-reflective.

1. Member States shall ensure that final customers, such as final customers from agricultural or public sector, are entitled to act as active customers, while maintaining their rights as final customers as established in this Directive, without being subject to disproportionate or discriminatory technical requirements, administrative requirements, procedures and charges, and to network charges that are not cost-reflective.

Amendment 62

Proposal for a directive

Article 13 – paragraph 4 – point a

Text proposed by the Commission

Amendment

(a) have the right to a grid connection within a reasonable time after they made a request to that effect, provided that all necessary conditions, such as balancing responsibility, are fulfilled;

(a) have the right to a grid connection within a reasonable time after they made a request to that effect, provided that all necessary conditions, such as balancing responsibility, are fulfilled and it does not destabilise the system;

Amendment 63

Proposal for a directive

Article 14 – paragraph 1 – point d

Text proposed by the Commission

Amendment

(d) subject to fair compensation as assessed by the regulatory authority, relevant distribution system operators cooperate with citizen energy communities to facilitate transfers of renewable natural gases within citizen energy communities;

Amendment 64

Proposal for a directive

Article 14 – paragraph 2 a (new)

Text proposed by the Commission

Amendment

2a. Member States shall ensure that final customers, in particular household customers, are entitled to participate in a citizen energy community while maintaining their rights and obligations as final customers, and without being subject to unjustified or discriminatory conditions or procedures that would prevent their participation in a citizen energy community, as long as their participation does not constitute their primary commercial or professional activity so that there is no conflict of interest.

Amendment 65

Proposal for a directive

Article 16 – paragraph 2

Text proposed by the Commission

Amendment

2. Member States shall ensure the deployment in their territories of smart metering systems. Such deployment may be subject to a cost-benefit assessment which shall be undertaken in accordance with the principles laid down in Annex II.

2. Member States shall ensure the deployment in their territories of smart metering systems in order to safeguard the benefits of final customers. Such deployment may be subject to a cost-benefit assessment which clearly assesses and specifies final customers benefits arising from the use of smart meters. The cost-benefit assessment shall be undertaken in accordance with the principles laid down in Annex II.

Amendment 66

Proposal for a directive

Article 16 – paragraph 3 a (new)

Text proposed by the Commission

Amendment

3a. Member States that ensure the deployment of smart-metering systems, shall through the National Regulatory Authorities and in consultation with consumer bodies and other relevant organisations, develop guidelines for the provision of clear and understandable information and advice to final customers about the benefits of smart meters. Those guidelines shall:

- include proposals on how all customer groups can use their smart metering system to improve their energy efficiency;

- address the specific needs of vulnerable customers such as visually impaired, hearing impaired, and those with low levels of literacy;

- enlist existing local support services to explain how vulnerable customers can benefit from smart appliances.

Amendment 67

Proposal for a directive

Article 23 – paragraph 1

Text proposed by the Commission

Amendment

Member States shall ensure that single points of contact are established to provide customers with all necessary information concerning their rights, the applicable law and dispute settlement mechanisms available to them in the event of a dispute. Such single points of contact may be part of general consumer information points and may be the same entities as the single contact points for electricity referred to in Article 26 of Directive 2019/944/EU [on common rules for the internal market in electricity.

Each Member State shall ensure that one single point of contact is established to provide customers with all necessary information concerning their rights, the applicable law and dispute settlement mechanisms available to them in the event of a dispute. Such single points of contact may be part of general consumer information points and may be the same entities as the single contact points for electricity referred to in Article 26 of Directive 2019/944/EU [on common rules for the internal market in electricity] or one-stop-shops established under [RED, EED, EPBD XX/XX], provided that such entities ensure access to both energy and consumer knowledge and information.

The single point of contact shall also provide clear and complete information about available support measures, including those targeted to vulnerable customers, such as temporary income support mechanism, support for energy efficiency measures, building renovations, alternative renewables based heating and cooling systems and access to renewable energy production, self-consumption, sale and storage.

Member States shall ensure that final customers are informed about where to find the national single point of contact.

Member States shall ensure that information on certified comparison tools are provided to consumers through the national single point of contact, as well as ensure access to at least one accessible comparison tool to customers that request it, including those without internet access.

Amendment 68

Proposal for a directive

Article 24 – paragraph 3 a (new)

Text proposed by the Commission

Amendment

3a. Member States shall regularly assess the functioning of the out-of-court dispute settlement mechanisms, especially with regard to the participation and compliance of energy service providers, intermediaries and distribution system operators.

Amendment 69

Proposal for a directive

Article 25 – paragraph 1

Text proposed by the Commission

Amendment

Member States shall take appropriate measures to protect final customers, and shall, in particular, ensure that there are adequate safeguards to protect vulnerable customers. In this context, each Member State shall define the concept of vulnerable customers which may refer to energy poverty. Measures to protect vulnerable consumers may include, inter alia, to the prohibition of disconnection to such customers in critical times.

Amendment 70

Proposal for a directive

Article 25 – paragraph 1 a (new)

Text proposed by the Commission

Amendment

The concept of vulnerable customers may include income levels, a customers’ energy expenditure as a share of disposable income, critical dependence on gas equipment for health reasons, age or other relevant criteria.

Amendment 71

Proposal for a directive

Article 25 – paragraph 2

Text proposed by the Commission

Amendment

In particular, Member States shall take appropriate measures to protect final customers in remote areas who are connected to the natural gas or hydrogen systems. Member States may appoint a supplier of last resort for household customers, and, where Member States deem it to be appropriate, small enterprises considered to be vulnerable customers connected to the gas system.. They shall ensure high levels of consumer protection, particularly with respect to transparency regarding contractual terms and conditions, general information and dispute settlement mechanisms.

In particular, Member States shall take appropriate measures to protect final customers in remote areas who are connected to the natural gas or hydrogen systems. Member States may appoint a supplier of last resort for household customers, and, where Member States deem it to be appropriate, for small enterprises considered to be vulnerable customers connected to the gas system. They shall ensure high levels of consumer protection, particularly with respect to transparency regarding contractual terms and conditions, general information and dispute settlement mechanisms.

Amendment 72

Proposal for a directive

Article 25 – paragraph 2 a (new)

Text proposed by the Commission

Amendment

Member States may take appropriate measures to address energy poverty. Such measures may include benefits by means of their social security systems to ensure the necessary supply to vulnerable customers, or support to deploy renewable energy and improve energy efficiency, including through building renovations, to sustainably overcome energy poverty and vulnerability.

Amendment 73

Proposal for a directive

Article 27 – paragraph 1

Text proposed by the Commission

Amendment

1. Member States shall ensure the implementation of a system of third party access to the transmission and distribution system, and LNG facilities based on published tariffs, applicable to all customers, including supply undertakings, and applied objectively and without discrimination between system users. Member States shall ensure that those tariffs, or the methodologies underlying their calculation, are approved prior to their entry into force in accordance with Article 72 by a regulatory authority referred to in Article 70 and that those tariffs — and the methodologies, where only methodologies are approved — are published prior to their entry into force. Tariff discounts can be granted only if so provided by Union legislation.

Amendment 74

Proposal for a directive

Article 71 – paragraph 1 – point g

Text proposed by the Commission

Amendment

(g) ensuring that customers benefit through the efficient functioning of their national market, promoting effective competition and helping to ensure consumer protection in close cooperation with relevant consumer protection authorities ;

(g) ensuring that customers benefit through the efficient functioning of their national market, promoting effective competition and ensure high-level of consumer protection in close cooperation with relevant consumer protection authorities ;

Amendment 75

Proposal for a directive

Article 71 – paragraph 1 – point g a (new)

Text proposed by the Commission

Amendment

(ga) ensuring that customers benefit from the efficient functioning of national markets overlapping with other energy markets, and where cross-sectorial issues arise, clarifying competencies among regulators and authorities and ensuring that solutions are cost-efficient;

Amendment 76

Proposal for a directive

Article 71 – paragraph 1 a (new)

Text proposed by the Commission

Amendment

To ensure consistency with the overall policy objectives of this Directive, namely the protection of consumer interests, National Regulatory Authorities shall consult and cooperate closely with relevant consumer bodies to take into account consumers’ interest and preferences in developing energy policies but also to identify shortcomings in the implementation of their rights as laid down under this Directive.

Amendment 77

Proposal for a directive

Article 72 – paragraph 1 – point a

Text proposed by the Commission

Amendment

(a) fixing or approving, in accordance with transparent criteria, transmission or distribution tariffs or their methodologies , or both ;

(a) fixing or approving, in accordance with transparent criteria, transmission and distribution tariffs or their methodologies , or both and making them public, where relevant;

Amendment 78

Proposal for a directive

Article 72 – paragraph 1 – point q

Text proposed by the Commission

Amendment

(q) monitoring the level and effectiveness of market opening and competition at wholesale and retail levels, including on natural gas and hydrogen exchanges, prices for household customers including prepayment systems, switching rates, disconnection rates, charges for and the execution of maintenance services 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;

(q) monitoring the level and effectiveness of market opening and competition at wholesale and retail levels, including on natural gas and hydrogen exchanges, prices for household customers including prepayment systems, the relationship between household prices and wholesale prices, how network costs and policy levies are passed onto customers, the evolution of supplier operational costs and the impact on final customer groups, including household and non-household customers, switching rates, disconnection rates, charges for and the execution of maintenance services 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 or consumer authorities;

Amendment 79

Proposal for a directive

Article 72 – paragraph 1 – point s a (new)

Text proposed by the Commission

Amendment

(sa) cooperating with relevant consumer protection authorities to monitor that contract terms and conditions of gas supply contracts are fair, in line with consumer protection legislation, and do not create market segmentation that would lead to negative outcomes for certain consumer groups;

Amendment 80

Proposal for a directive

Article 72 – paragraph 1 – point s b (new)

Text proposed by the Commission

Amendment

(sb) the effective functioning of certified comparison tools;

Amendment 81

Proposal for a directive

Article 72 – paragraph 1 – point s c (new)

Text proposed by the Commission

Amendment

(sc) cooperating with relevant consumer protection authorities to monitor and, where necessary, advise on how tariffs having a positive environmental impact should be displayed and searchable according to their level of additionality, after the consultation with consumer bodies, the independent competent authority responsible for certifying comparison tools;

Amendment 82

Proposal for a directive

Article 72 – paragraph 1 – point ii

Text proposed by the Commission

Amendment

(ii) monitoring the removal of unjustified obstacles to and restrictions on the development of consumption of self-generated renewable natural gas and citizen energy communities.

(ii) monitoring the removal of unjustified obstacles to and restrictions on the development of consumption of self-generated renewable natural gas and citizen energy communities, and prevent misuse of energy communities by market participants.

Amendment 83

Proposal for a directive

Article 72 – paragraph 10 a (new)

Text proposed by the Commission

Amendment

10a. Member States shall ensure that potential overlaps of competences between regulators or other bodies across different sectors are avoided, so that consumers know whom to contact in case of cross-sectoral issues.

Amendment 84

Proposal for a directive

Annex II – point 1

Text proposed by the Commission

Amendment

1. Member States shall ensure the deployment of smart metering systems in their territories that may be subject to an economic assessment of all the long-term costs and benefits to the market and the individual consumer or which form of smart metering is economically reasonable and cost-effective and which timeframe is feasible for their distribution. Such assessment shall also take into account consumers’ benefits arising from the use of smart meters and signing up for smart meter-enabled offers. The assessment shall take into account the network development plans referred to in Article 51 and in particular on decommissioning of networks referred to in paragraph 2, point (c) of that Article.

PROCEDURE – COMMITTEE ASKED FOR OPINION

Title

Common rules for the internal markets in renewable and natural gases and in hydrogen (recast)

References

COM(2021)0803 – C9-0468/2021 – 2021/0425(COD)

Committee responsible

Date announced in plenary

ITRE

17.2.2022

Opinion by

Date announced in plenary

IMCO

17.2.2022

Associated committees - date announced in plenary

7.7.2022

Rapporteur for the opinion

Date appointed

Maria Grapini

17.2.2022

Discussed in committee

15.6.2022

10.10.2022

Date adopted

27.10.2022

Result of final vote

–:

Members present for the final vote

Andrus Ansip, Alessandra Basso, Anna Cavazzini, Dita Charanzová, Deirdre Clune, Sandro Gozi, Maria Grapini, Svenja Hahn, Krzysztof Hetman, Virginie Joron, Eugen Jurzyca, Arba Kokalari, Marcel Kolaja, Kateřina Konečná, Andrey Kovatchev, Maria-Manuel Leitão-Marques, Adriana Maldonado López, Leszek Miller, Anne-Sophie Pelletier, René Repasi, Andreas Schwab, Tomislav Sokol, Róża Thun und Hohenstein, Tom Vandenkendelaere, Kim Van Sparrentak, Marion Walsmann

Substitutes present for the final vote

Marco Campomenosi, Malte Gallée, Tsvetelina Penkova, Antonio Maria Rinaldi, Dominik Tarczyński, Romana Tomc, Edina Tóth, Kosma Złotowski

Substitutes under Rule 209(7) present for the final vote

Romana Jerković, Andżelika Anna Możdżanowska, Petar Vitanov

FINAL VOTE BY ROLL CALL IN COMMITTEE ASKED FOR OPINION

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