Sittings · Document

DRAFT OPINION (COM(2021)0803 – C90468/2021 – 2021/0425(COD)) 2022-05-23

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

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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 the Internal Market and Consumer Protection, 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.

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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).

Or. en

Amendment 2

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, the pace of scaling-up renewable hydrogen production is unlikely to match the expected growth in demand for hydrogen in Europe, and renewable electricity should in priority be used to decarbonise the grid. 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 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, which should include all direct emissions from owned or controlled sources in the hydrogen production process, all indirect emissions from the generation of purchased energy, and all upstream and downstream emissions in the value chain. 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 Council. 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).

Or. en

Amendment 3

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.

(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, so that they can bear the costs and all suppliers freely to deliver to their customers.

Or. en

Amendment 4

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.

Or. en

Amendment 5

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 consumers can participate in the energy transition and benefit from affordable prices, good standards of service, and effective choice of offers mirroring technological developments.

Or. en

Amendment 6

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 will concretise if energy from renewable sources becomes an 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.

Or. en

Amendment 7

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 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, especially protecting vulnerable and energy poor consumers, ensuring adequate data protection for smart meters and data management, and efficient alternative dispute resolution rules.

Or. en

Amendment 8

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, and barriers to switching should be minimised to the greatest practicable extent without unduly limiting consumer choice.

Or. en

Amendment 9

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. Member States should be able to be bound by different provisions of international law with respect to taxes and levies for individual and jointly-acting active customers, while ensuring they contribute fairly to applicable taxes and levies, particularly for maintaining the grid and that there is no shifting of costs to non-participating customers such as final households and SMEs.

Or. en

Amendment 10

Proposal for a directive

Recital 35

Text proposed by the Commission

Amendment

(35) Recognising the role they can play in decarbonizing the energy system, certain categories of citizen energy initiatives should be recognised in the natural gas market at the Union level as ‘citizen energy communities’. These communities should facilitate the use of renewable gas in the natural gas system. In order to provide them with an enabling framework, fair treatment, a level playing field and a well-defined catalogue of rights and obligations should be laid down which generally reflects the membership structure, governance requirements and purpose of citizen energy communities in Directive (EU) 2019/944. 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. It needs to be ensured though that the obligations under the Renewable Energy Directive 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.

Or. en

Amendment 11

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.

Or. en

Amendment 12

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. 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, 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.

Or. en

Amendment 13

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.

Or. en

Amendment 14

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 datasets so that they become comparable 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

Or. en

Justification

Statistics on energy poverty shall be made comparable so that the European Commission can keep track of progress regarding fighting energy poverty.

Amendment 15

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.

Or. en

Amendment 16

Proposal for a directive

Article 1 – paragraph 4 a (new)

Text proposed by the Commission

Amendment

4a. Articles 10, 11, 15, 23 and 26 and Annex I shall also apply to third-party intermediaries when they are completing tasks usually performed by the energy supplier.

Or. en

Amendment 17

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;

Or. en

Justification

The definition aims to cover all services third-party intermediaries are currently covering or might cover in the future. This includes: - Comparing different offers (e.g. price comparison tools)- Switching supplier individually or collectively on behalf of consumers (e.g. collective switching tools, automated switching tools) - Enter a contract on behalf of a household and split the cost among different members of the household (e.g. bill-splitters/sharers) Control household appliances to optimise use in response to price signals (e.g. smart third-party intermediaries).

Amendment 18

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. Such public interventions shall be subject to the conditions set out in paragraphs 4 and 5.

Where there is evidence of market failures or market manipulation and other measures have not been implemented to sufficiently protect energy poor or vulnerable customers, prices shall be set by public intervention,.

Or. en

Justification

Energy poor and vulnerable households should be able to benefit from public interventions independently of the gas mix of the future.

Amendment 19

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:

Or. en

Amendment 20

Proposal for a directive

Article 4 – paragraph 4 – point c

Text proposed by the Commission

Amendment

Or. en

Amendment 21

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.

Or. en

Amendment 22

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.

Or. en

Amendment 23

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 relevant, information on environmental impact; at least fixed or variable price; green tariffs; contract length; bundles; discounts and length of period during which the price is guaranteed; clear description of promotions and discounts; total price of gases, including all cost components, i.e. supply, distribution, taxes and levies; single unit price,including all charges and taxes, in order to allow final customers to identify the cheapest offer; contract duration and conditions for termination, including notice period and fees and penalties, where relevant, and conditions for price or tariff changes:

Or. en

Justification

Ahead of signing the contract, consumers should have access to an overview with key information on the offer. This overview should be written using a common terminology agreed at the national level, to ensure that consumers can easily compare the information on different offers.

Amendment 24

Proposal for a directive

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

Text proposed by the Commission

Amendment

(ha) information on additional services ,such as maintenance, insurance, energy efficiency measures, on their price and on the provider of those services, if different from the energy supplier.

Or. en

Justification

Amendment 25

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 onedocument and in concise and simple language.

Or. en

Amendment 26

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. The information referred to in paragraph 3, points (fa) and (ha)shall be considered as key contractual conditions.

Or. en

Amendment 27

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.

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

Or. en

Amendment 28

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 .

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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).

Or. en

Amendment 29

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. 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 two 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.

Or. en

Amendment 30

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 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:

Or. en

Amendment 31

Proposal for a directive

Article 11 – paragraph 3 – subparagraph 1 a (new)

Text proposed by the Commission

Amendment

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 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.

Providers of bundled services shall give final customers the possibility to cancel or switch individual parts of the bundled contract through direct negotiation.

Or. en

Amendment 32

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:

Or. en

Amendment 33

Proposal for a directive

Article 12 – paragraph 1 – subparagraph 1 – point a a (new)

Text proposed by the Commission

Amendment

(aa) they shall include at least fixed or variable price, green tariffs, contract length, bundles, discounts and length of the period during which the price is guaranteed;

Or. en

Amendment 34

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.

Or. en

Justification

Consumers shall have access to comparison tools covering the entire market, be able to find the offer that is best for them. To ensure that comparison tools are exhaustive, suppliers shall be required to provide the information about all the available offers to a competent authority managing a database of offers. Comparison tools shall be able to access the offers included in that database.

Amendment 35

Proposal for a directive

Article 12 – paragraph 1 – subparagraph 2 a (new)

Text proposed by the Commission

Amendment

All suppliers and relevant intermediaries shall provide the relevant competent authority managing a database with all available current and past offers and the information necessary for certified tools to run the comparison for final customers. This tool shall be freely accessible in electronic format for at least household customers and microenterprises.

Or. en

Justification

Amendment 36

Proposal for a directive

Article 12 – paragraph 1 a (new)

Text proposed by the Commission

Amendment

1a. Member States shall 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 the service, complaint-handling procedures, level of consumer satisfaction and information on complaints.

‘Green tariffs’ shall be clearly displayed and searchable according to their level of additionality.

The exceptional conditions of an offer, including discounts or planned increase of the price during the contract duration, shall be identifiable and clearly highlighted in the comparison tool.

Comparison tools shall allow users to filter the result on the basis of the characteristics of the offers that are most relevant for them. These characteristics of the offers shall be defined by the National Regulatory Authorities and shall include at least fixed or variable price, green tariffs, contract length, bundles, discounts and length of period during which the price is guaranteed.

Or. en

Justification

Comparison tools should cover the whole gas market to ensure that consumers are aware of renewable gas offers if they are entering the market.

Amendment 37

Proposal for a directive

Article 12 – paragraph 6 a (new)

Text proposed by the Commission

Amendment

6a. Suppliers and relevant intermediaries shall provide the competent public authority or body referred to paragraphs 3, 4 and 6, the information necessary to run the comparison for final customers.

Or. en

Amendment 38

Proposal for a directive

Article 13 – paragraph 2 – introductory part

Text proposed by the Commission

Amendment

2. Member States shall ensure that active customers are:

2. Member States shall ensure that active customers maintain their rights as final customers as provided in this Directive, including the right to switch electricity supplier, and are:

Or. en

Amendment 39

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 renewable energy community or citizen energy community while maintaining their rights or 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, provided that for private undertakings, their participation does not constitute their primary commercial or professional activity.

Or. en

Amendment 40

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. Member States shall carry out 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.

Or. en

Amendment 41

Proposal for a directive

Article 16 – paragraph 3 a (new)

Text proposed by the Commission

Amendment

3a. Member States through the 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 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;

- 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 from authorities and support services to explain how smart appliances can benefit vulnerable customers.

Or. en

Amendment 42

Proposal for a directive

Article 16 – paragraph 4 – subparagraph 1 a (new)

Text proposed by the Commission

Amendment

Benefits to network operations, namely savings, due, in particular, to better network management, more efficient fault clearing, more precise planning and identification of network losses shall be subtracted when calculating the customers’ contribution.

Or. en

Amendment 43

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, the share of energy expenditure of disposable income, the energy efficiency of homes, critical dependence on gas equipment for health reasons, age or other criteria. Member States shall ensure that rights and obligations linked to vulnerable customers are applied.

Or. en

Amendment 44

Proposal for a directive

Article 25 – paragraph 1 b (new)

Text proposed by the Commission

Amendment

When assessing the number of households in energy poverty pursuant to point (d) of Article 3(3) of Regulation (EU) 2018/1999 for the purposes of this Article, Member States shall establish and publish a set of criteria, which shall include low income, high expenditure of disposable income on energy and poor energy efficiency.

Or. en

Amendment 45

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.

Or. en

Amendment 46

Proposal for a directive

Article 25 – paragraph 2 a (new)

Text proposed by the Commission

Amendment

Member States shall take appropriate measures, such as providing benefits by means of their social security systems to ensure the necessary supply to vulnerable customers, or providing for support for energy efficiency improvements, to address energy poverty where identified pursuant to point (d) of Article 3(3) of Regulation (EU)2018/1999, 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 Article 5(5). Such notifications may also include measures taken within the general social security system.

Or. en

Amendment 47

Proposal for a directive

Article 70 – paragraph 5 – subparagraph 2

Text proposed by the Commission

Amendment

In regard to the first subparagraph, point (d), Member States shall ensure an appropriate rotation scheme for the board or the top management. The members of the board or, in the absence of a board, members of the top management may be relieved from office during their term only if they no longer fulfil the conditions set out in this Article or have been guilty of misconduct under national law.

Or. en

Amendment 48

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 electricity markets, and where cross-sectorial issues arise, clarifying competencies among regulators and authorities and ensuring that solutions are cost-efficient;

Or. en

Amendment 49

Proposal for a directive

Article 71 – paragraph 1 a (new)

Text proposed by the Commission

Amendment

In order to ensure that National Regulatory Authorities meet their objectives in a way that protects the interest of consumers, those authorities shall consult and cooperate closely with all relevant consumer bodies to understand consumers’ interest and preferences.

Or. en

Justification

Regulators should closely collaborate with consumer representative bodies to promote consumer engagement in the development of energy policies and address consumer expectations during the integration of energy markets.

Amendment 50

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;

Or. en

Amendment 51

Proposal for a directive

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

Text proposed by the Commission

Amendment

(aa) ensuring that tariffs are reflective of the costs, risks and benefits that each final customer causes to the network;

Or. en

Amendment 52

Proposal for a directive

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

Text proposed by the Commission

Amendment

(ab) ensuring that no exemptions or discounts on tariffs are given, except where they reflect the ability to pay of vulnerable customers and those in fuel poverty;

Or. en

Amendment 53

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 through to customers, the evolution of supplier operational costs and margins across different final customer groups, including household and non-household customers, the number of tariffs available to different consumer groups, including by payment methods, the number of offers restricted to different sales channels, the number of customers on bundled contracts, satisfaction with the service provided by their supplier and complaint handling services, switching rates, intra-supplier switching rates, switching times, erroneous switching, satisfaction with the switching process, disconnection rates, charges for and the execution of maintenance services, the number of disconnections and reasons for disconnections and customers in debt (in particular for those in fuel poverty and vulnerable situation), the number of customers in fuel poverty or vulnerable situations, 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, the share of energy efficiency measures pursuant to Article 7 of Directive 2012/27/EU implemented as a priority in households affected by energy poverty and in social housing;

Or. en

Amendment 54

Proposal for a directive

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

Text proposed by the Commission

Amendment

(qa) monitoring the level of protection of the interest of household customers, including :

- the level of debt, in particular for those in fuel poverty and vulnerable situation,

- the barriers for customers to exercise their rights, including access to information on out-of-court dispute settlement,

- ease to access, assess and act to the market, including ease to access the information necessary to compare offers,

- whether consumers are switching to a more affordable deal for them,

- the existence of misleading offers or marketing practices,

- if consumers are benefiting from bundled offers when compared to having contracts for each product separately, including economic, environmental and social benefits, and from aggregators and dynamic price contract services,

- existing measures to promote energy savings in households affected by energy poverty, in social housing as well as for tenants,

- the functioning of the datasets established to identify customers in energy poverty, and

- the application of changes of terms and conditions, including price increases, of existing contracts, and how the final customer is informed about the changes;

Or. en

Amendment 55

Proposal for a directive

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

Text proposed by the Commission

Amendment

(sa) ensure, or ask all relevant authorities to ensure, that marketing information is accurate, clear, and complete;

Or. en

Amendment 56

Proposal for a directive

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

Text proposed by the Commission

Amendment

(sb) ensure 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;

Or. en

Amendment 57

Proposal for a directive

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

Text proposed by the Commission

Amendment

(sc) ensure that at least one independent comparison tool is available to and accessible for all customers, including those without internet access, allowing customers to assess whether different offers and contracts are suitable and beneficial to them, including bundled offers, price dynamic contracts and offers by aggregators;

Or. en

Amendment 58

Proposal for a directive

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

Text proposed by the Commission

Amendment

(sd) ensure that retail prices are affordable and reflective of wholesale prices trends for all consumer groups paying different tariff levels, including by payment methods;

Or. en

Amendment 59

Proposal for a directive

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

Text proposed by the Commission

Amendment

(se) where Member States progress with smart meter roll out, monitoring how consumers are benefiting or dis-benefiting from the smart meter roll out in comparison to its expected outcomes, including accuracy and timeliness of billing, ease of access data, speed and reliability of the switching process, speed and accuracy of final billing, interoperability, savings achieved through lower consumption and satisfaction with the smart meter rollout;

Or. en

Amendment 60

Proposal for a directive

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

Text proposed by the Commission

Amendment

(sf) recommending, in consultation with consumer bodies, the independent competent authority responsible for certifying comparison tools on how the tools can best deliver for energy customers, including on the accuracy and robustness of the comparison results, on the inclusion of bundled offers and collective switching on the ease of comparison, on the clarity of the information displayed, and on avoiding undue bias on the way comparison results are displayed;

Or. en

Amendment 61

Proposal for a directive

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

Text proposed by the Commission

Amendment

(sg) set minimum binding requirements for offers to be labelled as ‘green tariffs’, based on the ability of suppliers to substantiate the additionality of the contract by showing how consumers’ money is used to increase installed capacity of renewable power plants beyond what would otherwise be installed;

Or. en

Amendment 62

Proposal for a directive

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

Text proposed by the Commission

Amendment

(sh) advising on how ‘green tariffs’ 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;

Or. en

Amendment 63

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 renewable energy communities and citizen energy communities, and prevent misuse of energy communities by market participants.

Or. en

Amendment 64

Proposal for a directive

Article 72 – paragraph 1 a (new)

Text proposed by the Commission

Amendment

1a. To ensure meeting their objectives in a way that protects the interest of consumers, National Regulatory Authorities shall closely consult and cooperate with all relevant consumer bodies to understand consumers’ interest and preferences.

Or. en

Amendment 65

Proposal for a directive

Article 72 – paragraph 10 a (new)

Text proposed by the Commission

Amendment

10a. National Regulatory Agencies shall closely consult and cooperate with all relevant consumers' representative bodies to ensure consumer’s input in the decision-making.

Or. en

Amendment 66

Proposal for a directive

Article 72 – paragraph 10 b (new)

Text proposed by the Commission

Amendment

10b. Checks shall be made in order to avoid eventual overlaps of competences between regulators or other bodies across different sectors, so that consumers know whom to contact in case of cross-sectoral issues.

Or. en

Amendment 67

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.

Or. en