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European Parliament2014-2019

Committee on Industry, Research and Energy

2016/0380(COD)

28.9.2017

AMENDMENTS59 - 310Draft reportKrišjānis Kariņš(PE597.758v01-00)

on the proposal for a directive of the European Parliament and of the Council on common rules for the internal market in electricity (recast)

Proposal for a directive(COM(2016)0864 – C8-0495/2016 – 2016/0380(COD))

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AM_Com_LegReport

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Amendment 59Pervenche Berès, Edouard MartinProposal for a directiveRecital 2

Text proposed by the Commission Amendment

(2) The internal market in electricity, which has been progressively implemented throughout the Union since 1999, aims, by organising competitive electricity markets across country borders, to deliver real choice for all consumers of the European Union, be they citizens or businesses, new business opportunities competitive prices, efficient investment signals, higher standards of service, and to contribute to security of supply and sustainability.

(2) The internal market in electricity, which has been progressively implemented throughout the Union since 1999, aims, by organising competitive electricity markets across country borders, to deliver real choice for all consumers of the European Union, be they citizens or businesses, new business opportunities competitive prices, efficient investment signals (both on the short and long term), higher standards of service, and to contribute to security of supply and sustainability.

Or. en

Justification

The current market design should solve the investment challenge to give investors more visibility.

Amendment 60Claude Turmeson behalf of the Verts/ALE GroupProposal for a directiveRecital 3


(3) Directive 2003/54/EC of the European Parliament and of the Council and Directive 2009/72/EC of the European Parliament and of the Council have made a significant contribution towards the creation of such an internal market in electricity. However, Europe's energy system is in the middle of a profound change. The common goal to decarbonise

(3) Directive 2003/54/EC of the European Parliament and of the Council and Directive 2009/72/EC of the European Parliament and of the Council have made a significant contribution towards the creation of such an internal market in electricity. However, Europe's energy system is in the middle of a profound change. The common goal to decarbonize

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the energy system creates new opportunities and challenges for market participants. At the same time, technological developments allow for new forms of consumer participation and cross-border cooperation. There is a need to adapt the Union market rules to a new market reality.

and achieve an energy efficient and 100% renewables based energy system creates new opportunities and challenges for market participants. At the same time, technological developments allow for new forms of consumer participation and cross-border cooperation. There is a need to adapt the Union market rules to a new market reality.

Or. en

Amendment 61Claude Turmeson behalf of the Verts/ALE GroupProposal for a directiveRecital 3 a (new)


(3a) Wind and solar energy are in the centre of a future energy system, which in turn has to become more flexible

Or. en

Amendment 62Martina Werner, Theresa Griffin, Peter Kouroumbashev, Jeppe Kofod, Carlos Zorrinho, Miapetra Kumpula-Natri, Miroslav Poche, Eugen Freund, Patrizia Toia, Edouard Martin, Soledad Cabezón Ruiz, José Blanco LópezProposal for a directiveRecital 4


(4) The Energy Union Framework Strategy sets out the vision of an Energy Union with citizens at its core, where citizens take ownership of the energy transition, benefit from new technologies to reduce their bills, participate actively in the market, and where vulnerable consumers are protected.

(4) The Energy Union Framework Strategy sets out the vision of an Energy Union with citizens at its core, where citizens take ownership of the energy transition, benefit from new technologies to reduce their bills, participate actively in the market, and where vulnerable and energy poor consumers are protected.

Or. en

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Amendment 63Martina Werner, Peter Kouroumbashev, Jeppe Kofod, Carlos Zorrinho, Theresa Griffin, Miapetra Kumpula-Natri, Miroslav Poche, Eugen Freund, Patrizia Toia, Edouard Martin, Soledad Cabezón Ruiz, José Blanco LópezProposal for a directiveRecital 5


(5) The Communication from the Commission of 15 July 2015 'Delivering a new deal for energy consumers30 ' put forward the Commission's vision for a retail market that better serves energy consumers, including by better linking wholesale and retail markets. Taking advantage of new technology, new and innovative energy service companies should enable all consumers to fully participate in the energy transition, managing their consumption to deliver energy efficient solutions which save them money and contribute to overall reduction of energy consumption.

(5) The Communication from the Commission of 15 July 2015 'Delivering a new deal for energy consumers' put forward the Commission's vision for a retail market that better serves energy consumers, including by better linking wholesale and retail markets. Taking advantage of new technologies, new and innovative energy service companies should enable all consumers to raise their awareness of their energy consumption and to fully participate in the energy transition, managing their consumption to deliver energy efficient solutions which save them money and contribute to overall reduction of energy consumption.

__________________ __________________30 COM (2015) 339 final of 15.7.2015. 30 COM (2015) 339 final of 15.7.2015.

Or. en

Amendment 64Pervenche Berès, Edouard MartinProposal for a directiveRecital 6


(6) The Communication from the Commission of 15 July 2015 'Launching the public consultation process on a new energy market design'31 highlighted that the move away from generation in large central power plants towards de-centralized production from renewable energy sources and decarbonized markets requires an adaptation of the current rules of electricity trading and changes to the existing market

(6) The Communication from the Commission of 15 July 2015 'Launching the public consultation process on a new energy market design'31 highlighted that the move away from generation in large central power plants towards de-centralized production from renewable energy sources and decarbonized markets requires an adaptation of the current rules of electricity trading and changes to the existing market

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roles. It underlined needs to organise electricity markets in a more flexible manner and to fully integrate all market players – including renewable energy producers, new energy service providers, energy storage and flexible demand.

roles. It underlined needs to organise electricity markets in a more flexible manner and to fully integrate all market players – including renewable energy producers, new energy service providers, energy storage and flexible demand. It also recalled the need to provide investment visibility on the long run and underlined the prominent role of Member States in enabling marked-based instruments for long-term investments.


Or. en

Justification

The current market design should solve the investment challenge to give investors more visibility.

Amendment 65Martina Werner, Jeppe Kofod, Carlos Zorrinho, Theresa Griffin, Miapetra Kumpula-Natri, Miroslav Poche, Eugen Freund, Patrizia Toia, Soledad Cabezón Ruiz, José Blanco LópezProposal for a directiveRecital 6


(6) The Communication from the Commission of 15 July 2015 'Launching the public consultation process on a new energy market design'31 highlighted that the move away from generation in large central power plants towards de-centralized production from renewable energy sources and decarbonized markets requires an adaptation of the current rules of electricity trading and changes to the existing market roles. It underlined needs to organise electricity markets in a more flexible manner and to fully integrate all market players – including renewable energy producers, new energy service providers, energy storage and flexible demand.

(6) The Communication from the Commission of 15 July 2015 'Launching the public consultation process on a new energy market design' highlighted that the move away from generation in large central power plants towards de-centralized production from renewable energy sources and decarbonized markets requires an adaptation of the current rules of electricity trading and changes to the roles of existing market participants. It underlined needs to organize electricity markets in a more flexible manner and to fully integrate all market players – including renewable energy producers, new energy service providers,energy storage and flexible

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demand.


Or. en

Amendment 66Miroslav Poche, Pavel PocProposal for a directiveRecital 6 a (new)


(6a) With a view to creating an internal market in electricity, Member States should foster the integration of their national markets and the cooperation of system operators at Union and regional level, also incorporating isolated systems forming electricity islands that persist in the Union.

Or. en

Justification

This recital shall be preserved in the Directive to highlight that Member States shall cooperate to achieve one of the main goals of the EU energy policy, which is the internal market creation.

Amendment 67Kaja Kallas, Angelika Mlinar, Fredrick Federley, Morten Helveg Petersen, Carolina Punset, Pavel Telička, Gerben-Jan GerbrandyProposal for a directiveRecital 8


(8) Consumers are essential to achieving the flexibility necessary to adapt the electricity system to variable, distributed renewable generation. Technological progress in grid management and renewable generation has unlocked many opportunities for consumers, and healthy competition on

(8) Consumers are essential to achieving the flexibility necessary to adapt the electricity system to variable, distributed renewable generation. Technological progress in grid management and renewable generation has unlocked many opportunities for consumers, and healthy competition on

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retail markets will be essential to ensuring the market-driven deployment of innovative new services that cater to the consumers' changing needs and abilities, while increasing system flexibility. By empowering consumers to participate in the energy market more, and participate in new ways, citizens should benefit from the internal market in electricity and the Union's renewable targets should be attained.

retail markets will be essential to ensuring the market-driven deployment of innovative new services that cater to the consumers' changing needs and abilities, while increasing system flexibility. However, the lack of real time or near real time information provided to consumers about their energy consumption, in particular due to the slow roll-out of smart meters, has prevented them from being active participants in the energy market and the energy transition. By empowering consumers and providing them with the tools to participate in the energy market more, and participate in new ways, citizens should benefit from the internal market in electricity and the Union's renewable targets should be attained.

Or. en

Amendment 68Martina Werner, Jeppe Kofod, Carlos Zorrinho, Theresa Griffin, Miapetra Kumpula-Natri, Miroslav Poche, Patrizia Toia, Edouard Martin, Soledad Cabezón Ruiz, José Blanco LópezProposal for a directiveRecital 8


(8) Consumers are essential to achieving the flexibility necessary to adapt the electricity system to variable, distributed renewable generation. Technological progress in grid management and renewable generation has unlocked many opportunities for consumers, and healthy competition on retail markets will be essential to ensuring the market-driven deployment of innovative new services that cater to the consumers' changing needs and abilities, while increasing system flexibility. By empowering consumers to participate in the energy market more, and participate in new ways, citizens should benefit from the internal market in electricity and the

(8) Consumers are essential to achieving the flexibility necessary to adapt the electricity system to variable and distributed renewable generation. Technological progress in grid management and renewable generation has unlocked many opportunities for consumers. Healthy competition on retail markets will be essential to ensuring the market-driven deployment of innovative new services that address consumers' changing needs and abilities, while increasing system flexibility. By empowering consumers to participate in the energy market more, and participate in new ways, citizens should benefit from the internal market in electricity and the

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Union's renewable targets should be attained.

Union's renewable targets should be attained.

Or. en

Amendment 69Carlos ZorrinhoProposal for a directiveRecital 9


(9) 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.

(9) 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 and interconnected market, which enables all consumers freely to choose their suppliers and all suppliers freely to deliver to their customers.

Or. xm

Justification

The amendment is necessary for pressing reasons relating to the internal logic of the text.

Amendment 70Carlos ZorrinhoProposal for a directiveRecital 11


(11) In order to secure competition and the supply of electricity at the most competitive price, Member States and national regulatory authorities should facilitate cross-border access for new suppliers of electricity from different energy sources as well as for new providers of power generation, storage and demand response.

(11) In order to secure competition and the supply of electricity at the most competitive price, Member States and national regulatory authorities should facilitate a sufficient level of interconnection capacity, along with cross-border access for new suppliers of electricity from different energy sources as well as for new providers of power generation, storage and demand response.

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Or. pt

Amendment 71Carlos ZorrinhoProposal for a directiveRecital 11 a (new)


(11a) Interconnection between Member States facilitates the integration of electricity from renewable sources, smooths out variations, reduces the corresponding costs and encourages genuine competition, leading to lower prices.

Or. pt

Amendment 72Carolina Punset, Gerben-Jan GerbrandyProposal for a directiveRecital 11 a (new)


(11a) Interconnections between Member States should be promoted as they facilitate the integration of electricity from renewable energy sources, smooth out variability, reduce balancing costs and encourage competition.

Or. en

Justification

According to Article 1, all rules in this Directive are established "with a view to creating truly integrated competitive, consumer centred and flexible electricity markets in the Union". Adequate interconnections between Member States contribute to all elements in that view of the electricity markets in the Union.

Amendment 73Carlos ZorrinhoProposal for a directiveRecital 11 b (new)

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(11b) The European Council stated in its conclusions of October 2014 that the Commission supported by the Member States must take urgent measures in order to ensure the achievement of a minimum target of 10% of existing electricity interconnections, as a matter of urgency, and no later than 2020, at least for Member States which have not yet attained a minimum level of integration in the internal energy market, which are the Baltic States, Portugal and Spain, and for Member States which constitute their main point of access to the internal energy market. It further stated that the Commission will also report regularly to the European Council with the objective of arriving at a 15% target by 2030.

Or. pt

Amendment 74Carolina Punset, Gerben-Jan GerbrandyProposal for a directiveRecital 11 b (new)


(11b) The European Council of 23 and 24 October 2014decided that the European Commission, supported by the Member States, will take urgent measures in order to ensure the achievement of a minimum target of 10%of existing electricity interconnections, as a matter of urgency, and no later than 2020; at least for Member States which have not yet attained a minimum level of integration in the internal energy market, and for Member States which constitute their main point of access to the internal energy market.

Or. en

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Justification

It is important to have clearly in mind the 10% interconnection target to be reached by 2020 and also the 15% interconnection target for 2030 decided by the European Council of 23 and 24 October 2014. Achieving a minimum level of interconnection should be considered as a precondition for the accomplishment of a fully integrated and secure internal energy market.

Amendment 75Claude Turmeson behalf of the Verts/ALE GroupKathleen Van Brempt, Cornelia Ernst, Eugen Freund, Rebecca Harms, Reinhard Bütikofer, Yannick Jadot, Michèle Rivasi, Gerben-Jan Gerbrandy, Davor Škrlec, Benedek Jávor, Jakop Dalunde, Dario Tamburrano, Martina WernerProposal for a directiveRecital 12 a (new)


(12a) It is necessary to swiftly remove all distortions of competition resulting from the incomplete implementation of Recommendation of 24 October 2006 on the management of financial resources for the decommissioning of nuclear installations,

Or. en

Justification

In the Interinstitutional Statement with regard to decommissioning and waste management activities, attached to Directive 2003/54/EC of 26 June 2003, the European Parliament, the Council and the Commission underlined “the need for Member States to ensure that adequate financial resources for decommissioning and waste management activities, which are audited in Member States, are actually available for the purpose for which they have been established and are managed in a transparent way, thus avoiding obstacles to fair competition in the energy market". Following the Statement, the Commission adopted Recommendation of 24 October 2006 on the management of financial resources for the decommissioning of nuclear installations, spent fuel and radioactive waste and Council Directive 2011/70/Euratom. Full implementation of these instruments is necessary in view of ensuring the undistorted functioning of the internal energy market. Furthermore, a harmonised regime for civil liability deriving from nuclear accidents is necessary and exceptions to the polluter pays principle are no longer justified.

Amendment 76Pervenche Berès

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Proposal for a directiveRecital 13


(13) Market prices should give the right incentives for the development of the network and for investing in new electricity generation.

(13) Market prices should give the right incentives for the development of the network and for investing in new electricity generation at the lowest cost, especially long-term investment signals.

Or. en

Justification

Electricity markets should be designed to provide long term signals. Investors need a stable framework. Long term confidence and price signals are necessary to ensure cost-effective decisions.

Amendment 77Pavel TeličkaProposal for a directiveRecital 13 a (new)


(13a) This directive can hardly prejudge development and innovation in the field of smart systems or innovative technologies. Therefore, the principle of technology neutrality should apply throughout this directive.

Or. en

Amendment 78Edouard Martin, Pervenche BerèsProposal for a directiveRecital 15


(15) Member States should maintain a wide discretion to impose public service obligations on electricity undertakings in pursuing objectives of general economic interest. Member States should ensure that

(15) Member States should maintain a wide discretion to impose public service obligations on electricity undertakings in pursuing objectives of general economic interest. Member States should ensure that

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household customers and, where Member States deem it appropriate, small enterprises, enjoy the right to be supplied with electricity of a specified quality at clearly comparable, transparent and competitive prices. Nevertheless, public service obligations in the form of supply price regulation constitute a fundamentally distortive measure that often leads to the accumulation of tariff deficits, limitation of consumer choice, poorer incentives for energy saving and energy efficiency investments, lower standards of service, lower levels of consumer engagement and satisfaction, restriction of competition as well as fewer innovative products and services on the market. Consequently, Member States should apply other policy tools, and in particular targeted social policy measures, to safeguard the affordability of electricity supply to their citizens. Interventions in price setting should only be applied in limited exceptional circumstances. A fully liberalised retail electricity market would stimulate price and non-price competition among existing suppliers and incentivise new market entries therefore improving consumers' choice and satisfaction.

household customers and, where Member States deem it appropriate, small enterprises, enjoy the right to be supplied with electricity of a specified quality at clearly comparable, transparent and competitive prices.

Or. fr



(15) Member States should maintain a wide discretion to impose public service obligations on electricity undertakings in pursuing objectives of general economic interest. Member States should ensure that household customers and, where Member States deem it appropriate, small enterprises, enjoy the right to be supplied

(15) Member States should maintain a wide discretion to impose public service obligations on electricity undertakings in pursuing objectives of general economic interest. Member States should ensure that household customers and, where Member States deem it appropriate, small enterprises, enjoy the right to be supplied

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with electricity of a specified quality at clearly comparable, transparent and competitive prices. Nevertheless, public service obligations in the form of supply price regulation constitute a fundamentally distortive measure that often leads to the accumulation of tariff deficits, limitation of consumer choice, poorer incentives for energy saving and energy efficiency investments, lower standards of service, lower levels of consumer engagement and satisfaction, restriction of competition as well as fewer innovative products and services on the market. Consequently, Member States should apply other policy tools, and in particular targeted social policy measures, to safeguard the affordability of electricity supply to their citizens. Interventions in price setting should only be applied in limited exceptional circumstances. A fully liberalised retail electricity market would stimulate price and non-price competition among existing suppliers and incentivise new market entries therefore improving consumers' choice and satisfaction.

with electricity of a specified quality at clearly comparable, transparent and competitive prices. Nevertheless, public service obligations in the form of supply price regulation constitute a fundamentally distortive measure that often leads to the accumulation of tariff deficits, limitation of consumer choice, poorer incentives for energy saving and energy efficiency investments, lower standards of service, lower levels of consumer engagement and satisfaction, restriction of competition as well as fewer innovative products and services on the market. Consequently, Member States should apply other policy tools, and in particular targeted social policy measures, to safeguard the affordability of electricity supply to their citizens. Interventions in price setting should be limited to social tariffs to be offered by energy suppliers and only be applied in limited exceptional circumstances, in order to support the most vulnerable. In case the market does not generate enough competition and suppliers exploit the fact that customers are not willing to switch, National Regulatory Authorities should protect customers by introducing a reasonable cap on the profits of the suppliers operating on the retail market

Or. en

Amendment 80Martina Werner, Carlos Zorrinho, Theresa Griffin, Miapetra Kumpula-Natri, Miroslav Poche, Patrizia Toia, Soledad Cabezón Ruiz, José Blanco LópezProposal for a directiveRecital 15


(15) Member States should maintain a wide discretion to impose public service obligations on electricity undertakings in pursuing objectives of general economic interest. Member States should ensure that household customers and, where Member


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States deem it appropriate, small enterprises, enjoy the right to be supplied with electricity of a specified quality at clearly comparable, transparent and competitive prices. Nevertheless, public service obligations in the form of supply price regulation constitute a fundamentally distortive measure that often leads to the accumulation of tariff deficits, limitation of consumer choice, poorer incentives for energy saving and energy efficiency investments, lower standards of service, lower levels of consumer engagement and satisfaction, restriction of competition as well as fewer innovative products and services on the market. Consequently, Member States should apply other policy tools, and in particular targeted social policy measures, to safeguard the affordability of electricity supply to their citizens. Interventions in price setting should only be applied in limited exceptional circumstances. A fully liberalised retail electricity market would stimulate price and non-price competition among existing suppliers and incentivise new market entries therefore improving consumers' choice and satisfaction.

States deem it appropriate, small enterprises, enjoy the right to be supplied with electricity of a specified quality at clearly comparable, transparent and competitive prices. Nevertheless, public service obligations in the form of supply price regulation constitute a fundamentally distortive measure that often leads to the accumulation of tariff deficits, limitation of consumer choice, poorer incentives for energy saving and energy efficiency investments, lower standards of service, lower levels of consumer engagement and satisfaction, restriction of competition as well as fewer innovative products and services on the market. Consequently, Member States should apply other policy tools, and in particular targeted social policy measures, to safeguard the affordability of electricity supply to their citizens. Interventions in price setting should only be applied as a transitional measure in extreme circumstances of force majeure or as a short-term solution while adequate social or other policy measures are developed and adopted. A fully liberalised retail electricity market would stimulate price and non-price competition among existing suppliers and incentivise new market entries therefore improving consumers' choice and satisfaction.

Or. en

Amendment 81Kathleen Van BremptProposal for a directiveRecital 15




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States deem it appropriate, small enterprises, enjoy the right to be supplied with electricity of a specified quality at clearly comparable, transparent and competitive prices. Nevertheless, public service obligations in the form of supply price regulation constitute a fundamentally distortive measure that often leads to the accumulation of tariff deficits, limitation of consumer choice, poorer incentives for energy saving and energy efficiency investments, lower standards of service, lower levels of consumer engagement and satisfaction, restriction of competition as well as fewer innovative products and services on the market. Consequently, Member States should apply other policy tools, and in particular targeted social policy measures, to safeguard the affordability of electricity supply to their citizens. Interventions in price setting should only be applied in limited exceptional circumstances. A fully liberalised retail electricity market would stimulate price and non-price competition among existing suppliers and incentivise new market entries therefore improving consumers' choice and satisfaction.

States deem it appropriate, small enterprises, enjoy the right to be supplied with electricity of a specified quality at clearly comparable, transparent and competitive prices. Consequently, Member States should be allowed to apply social or other energy policy tools to safeguard the affordability of energy supply to their citizens. To ensure the affordability of energy bills of vulnerable customers, interventions in price setting should be shifted to interventions in investments in the improvement of the energy efficiency of appliances and buildings. The design of the energy efficiency interventions must overcome the typical barriers where vulnerable consumers are confronted with (tenants, split incentives, lack of financial means to pay the upfront investment costs...). A fully liberalised retail electricity market would stimulate price and non-price competition among existing suppliers and incentivise new market entries therefore improving consumers' choice and satisfaction.

Or. en

Justification

Vulnerable customers often don't have the chance to react on real price signals (there are often tenants, confronted with split incentives, lacking financial resources to pay for the upfront investment costs of EE measures...). Social policies will not solve this, with the consequence that energy losses remain and the extra money coming from social policies will be passed on to the energy suppliers. A shift in the support/intervention in tariffs towards support/intervention in EE investments, could exert the same downward pressure on the energy bills without leaving the energy losses untouched.

Amendment 82Kaja Kallas, Angelika Mlinar, Fredrick Federley, Morten Helveg Petersen, Carolina PunsetProposal for a directiveRecital 15

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(15) Member States should maintain a wide discretion to impose public service obligations on electricity undertakings in pursuing objectives of general economic interest. Member States should ensure that household customers and, where Member States deem it appropriate, small enterprises, enjoy the right to be supplied with electricity of a specified quality at clearly comparable, transparent and competitive prices. Nevertheless, public service obligations in the form of supply price regulation constitute a fundamentally distortive measure that often leads to the accumulation of tariff deficits, limitation of consumer choice, poorer incentives for energy saving and energy efficiency investments, lower standards of service, lower levels of consumer engagement and satisfaction, restriction of competition as well as fewer innovative products and services on the market. Consequently, Member States should apply other policy tools, and in particular targeted social policy measures, to safeguard the affordability of electricity supply to their citizens. Interventions in price setting should only be applied in limited exceptional circumstances. A fully liberalised retail electricity market would stimulate price and non-price competition among existing suppliers and incentivise new market entries therefore improving consumers' choice and satisfaction.

(15) Member States should maintain a wide discretion to impose public service obligations on electricity undertakings in pursuing objectives of general economic interest. Member States should ensure that household customers and, where Member States deem it appropriate, small enterprises, enjoy the right to be supplied with electricity of a specified quality at clearly comparable, transparent and competitive prices. Nevertheless, public service obligations in the form of supply price regulation constitute a fundamentally distortive measure that often leads to the accumulation of tariff deficits, limitation of consumer choice, poorer incentives for energy saving and energy efficiency investments, lower standards of service, lower levels of consumer engagement and satisfaction, restriction of competition as well as fewer innovative products and services on the market, that ultimately is detrimental to vulnerable consumers. Consequently, Member States should apply other policy tools, and in particular targeted social policy measures, to safeguard the affordability of electricity supply to their citizens. Interventions in price setting should only be applied in so far as it is strictly necessary for reasons of extreme urgency. A fully liberalised retail electricity market would stimulate price and non-price competition among existing suppliers and incentivise new market entries therefore improving consumers' choice and satisfaction.

Or. en


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(21) At present, several factors impede consumers from accessing, understanding and acting upon the various sources of market information available to them. To that end, the comparability of offers should be improved and barriers to switching minimised to the greatest practicable extent without unduly limiting consumer choice.

(21) At present, several factors impede consumers from accessing, understanding and acting timely upon the various sources of market information available to them. To that end, the comparability of offers should be improved and barriers to switching minimised to the greatest practicable extent without unduly limiting consumer choice. At the same time consumers should be protected against misleading information, unfair contract terms and practices limiting their rights provided under this Directive.

Or. en

Amendment 84Cornelia ErnstProposal for a directiveRecital 21


(21) At present, several factors impede consumers from accessing, understanding and acting upon the various sources of market information available to them. To that end, the comparability of offers should be improved and barriers to switching minimised to the greatest practicable extent without unduly limiting consumer choice.

(21) At present, several factors impede consumers from accessing, understanding and acting upon the various sources of market information available to them, including information on renewable energy supposedly provided by guarantees of origin. To that end, the comparability of offers should be improved and barriers to switching minimised to the greatest practicable extent without unduly limiting consumer choice.

Or. en


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(22) Customers are still being charged a broad range of fees directly or indirectly as a result of switching energy supplier. Such fees make calculating the best product or service more difficult and diminish the immediate financial advantage of switching. Although removing such fees may 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.

(22) Customers are still being charged a broad range of fees directly or indirectly as a result of switching energy supplier. Such fees make calculating the best product or service more difficult and diminish the immediate financial advantage of switching. Although removing such fees may 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. Overall, the switching process should be designed in an effortless and efficient manner in terms of information and service provision so that consumers are provided with timely information and a continuous service.

Or. en



(22a) Collective switching schemes and campaigns should be promoted in order to help final customers find a better deal, both in terms of price and quality. To this end Member State should ensure the removal of any regulatory barriers, while providing a framework ensuring that such schemes remain independent, trustworthy, transparent, comprehensive and inclusive, also reaching those who are less engaged while avoiding any abusive practices.

Or. en

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Justification

NewDeal for Energy Consumer Report



(23) Independent comparison tools including websites are an effective means for customers to assess the merits of different energy offers available on the market. Search costs are lower as they no longer need to collect information from individual suppliers and service providers. Such tools can provide the right balance between the need for information to be clear and concise and the need for it to be complete and comprehensive. They should aim at including the broadest possible range of available offers, and at covering the market as completely as is feasible so as to give the customer a representative overview.. It is crucial that the information given on such tools be trustworthy, impartial and transparent.

(23) Independent comparison tools including websites are an effective means for final customers to assess the merits of different energy offers available on the market. Search costs are lower as they no longer need to collect information from individual suppliers and service providers. Such tools can provide the right balance between the need for information to be clear and concise and the need for it to be complete and comprehensive. With regard to offers from renewable sources easy to access and understandable information should be provided on suppliers, about which technologies they source for the electricity they supply, where they source it from, and whether they do so directly or through guarantees of origin. They should aim at including the broadest possible range of available offers, and at covering the market as completely as is feasible so as to give the final customer a representative overview. It is crucial that the information given on such tools be trustworthy, impartial, up to date, accurate and transparent.

Or. en


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(23) Independent comparison tools including websites are an effective means for customers to assess the merits of different energy offers available on the market. Search costs are lower as they no longer need to collect information from individual suppliers and service providers. Such tools can provide the right balance between the need for information to be clear and concise and the need for it to be complete and comprehensive. They should aim at including the broadest possible range of available offers, and at covering the market as completely as is feasible so as to give the customer a representative overview.. It is crucial that the information given on such tools be trustworthy, impartial and transparent.

(23) Independent comparison tools including websites are an effective means for customers to assess the merits of different energy offers available on the market. Search costs are lower as they no longer need to collect information from individual suppliers and service providers. Such tools can provide the right balance between the need for information to be clear and concise and the need for it to be complete and comprehensive. They should aim at including the broadest possible range of available offers, and at covering the market as completely as is feasible so as to give the customer a representative overview. Offers from renewable sources should provide consumers with easy to access information that is understandable regarding which technologies suppliers source for the electricity they supply, where they source it from, and whether they do so directly or through guarantees of origin. It is crucial that the information given on such tools be trustworthy, impartial and transparent.

Or. en

Amendment 89Carolina Punset, Gerben-Jan GerbrandyProposal for a directiveRecital 23


(23) Independent comparison tools including websites are an effective means for customers to assess the merits of different energy offers available on the market. Search costs are lower as they no longer need to collect information from individual suppliers and service providers. Such tools can provide the right balance between the need for information to be clear and concise and the need for it to be

(23) Independent comparison tools including websites are an effective means for customers to assess the merits of different energy offers available on the market. Search costs are lower as they no longer need to collect information from individual suppliers and service providers. Such tools can provide the right balance between the need for information to be clear and concise and the need for it to be

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complete and comprehensive. They should aim at including the broadest possible range of available offers, and at covering the market as completely as is feasible so as to give the customer a representative overview.. It is crucial that the information given on such tools be trustworthy, impartial and transparent.

complete and comprehensive. They should aim at including the broadest possible range of available offers, and at covering the market as completely as is feasible so as to give the customer a representative overview. For offers of renewable energy, easily accessible and understandable information on suppliers, sources of renewable energy and guarantees of origin should be provided. These tools should also inform customers in a transparent manner if the energy comes from anon-renewable source. It is crucial that the information given on such tools be trustworthy, impartial and transparent.

Or. en



(24) Greater consumer protection is guaranteed by the availability of effective means of dispute settlement for all consumers. Member States should introduce speedy and effective complaint handling procedures.

(24) Greater consumer protection is guaranteed by the availability of effective means of independent dispute settlement mechanisms for all consumers, such as energy ombudsman or a consumer body. Member States should introduce speedy and effective complaint handling procedures.

Or. en

Justification


Amendment 91Martina Werner, Jeppe Kofod, Carlos Zorrinho, Theresa Griffin, Miapetra Kumpula-Natri, Miroslav Poche, Eugen Freund, Patrizia Toia, Soledad Cabezón Ruiz, José Blanco López

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Proposal for a directiveRecital 25


(25) All consumers should be able to benefit from directly participating in the market, in particular by adjusting their consumption according to market signals and in return benefit from lower electricity prices or other incentive payments. The benefits of this active participation are likely to increase over time when electric vehicles, heat pumps and other flexible loads become more competitive. Consumers should be enabled to participate in all forms of demand response and therefore should have the possibility to opt for having a smart metering system and a dynamic electricity pricing contract. This should allow them to adjust their consumption according to real time price signals that reflect the value and cost of electricity or transportation in different time periods, while Member States should ensure a reasonable exposure of consumers to the wholesale price risk. Member States should also ensure that those consumers who choose not to actively engage in the market are not penalised but instead their informed decision making on the options available to them should be facilitated in the manner that is the most suitable for domestic market conditions.

(25) All consumers should be able to benefit from directly participating in the market, in particular by adjusting their consumption according to market signals and in return benefit from lower electricity prices or other incentive payments. The benefits of this active participation are likely to increase over time when the awareness of otherwise passive consumers is raised about their possibilities as active consumers and when the information on the possibilities of active participation are better accessible and known. Consumers should be enabled to participate in all forms of demand response and therefore should have the possibility to opt for having a smart metering system and a dynamic electricity pricing contract. This should allow them to adjust their consumption according to real time price signals that reflect the value and cost of electricity or transportation in different time periods, while Member States should ensure a reasonable exposure of consumers to the wholesale price risk. Consumers should be informed about potential price risk of dynamic price contracts. Member States should also ensure that those consumers who choose not to actively engage in the market are not penalised but instead their informed decision making on the options available to them should be facilitated in the manner that is the most suitable for domestic market conditions.

Or. en

Amendment 92Kaja Kallas, Fredrick Federley, Morten Helveg Petersen, Carolina Punset, Pavel TeličkaProposal for a directiveRecital 25

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(25) All consumers should be able to benefit from directly participating in the market, in particular by adjusting their consumption according to market signals and in return benefit from lower electricity prices or other incentive payments. The benefits of this active participation are likely to increase over time when electric vehicles, heat pumps and other flexible loads become more competitive. Consumers should be enabled to participate in all forms of demand response and therefore should have the possibility to opt for having a smart metering system and a dynamic electricity pricing contract. This should allow them to adjust their consumption according to real time price signals that reflect the value and cost of electricity or transportation in different time periods, while Member States should ensure a reasonable exposure of consumers to the wholesale price risk. Member States should also ensure that those consumers who choose not to actively engage in the market are not penalised but instead their informed decision making on the options available to them should be facilitated in the manner that is the most suitable for domestic market conditions.

(25) All consumers should be able to benefit from directly participating in the market, in particular by adjusting their consumption according to market signals and in return benefit from lower electricity prices or other incentive payments. The benefits of this active participation are likely to increase over time when electric vehicles, heat pumps and other flexible loads become more competitive. Consumers should be enabled to participate in all forms of demand response and therefore should have the possibility to benefit from the full roll-out of smart metering systems, and in cases where such a roll out has been negatively assessed, they should be able to opt for having a smart metering system and a dynamic electricity pricing contract . This should allow them to adjust their consumption according to real time price signals that reflect the value and cost of electricity or transportation in different time periods, while Member States should ensure a reasonable exposure of consumers to the wholesale price risk. Member States should also ensure that those consumers who choose not to actively engage in the market are not penalised but instead their informed decision making on the options available to them should be facilitated in the manner that is the most suitable for domestic market conditions.

Or. en

Amendment 93Werner LangenProposal for a directiveRecital 26


(26) All customer groups (industrial, commercial and households) should have

(26) All customer groups (industrial, commercial and households) should have

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access to the energy markets to trade their flexibility and self-generated electricity. Customers should be allowed to make full use of the advantages of aggregation of production and supply over larger regions and benefit from cross-border competition. Aggregators are likely to play an important role as intermediaries between customer groups and the market. Transparent and fair rules should be established to also allow independent aggregators to fulfil this role. Products should be defined on all organised energy markets, including ancillary services and capacity markets so as to encourage the participation of demand response.

access to the energy markets to trade their flexibility and self-generated electricity. Customers should be allowed to make full use of the advantages of aggregation of production and supply over larger regions and benefit from cross-border competition. Aggregators are likely to play an important role as intermediaries between customer groups and the market. Transparent and fair rules should be established to also allow independent aggregators to fulfil this role. The consent of affected transmission and distribution system operators may be necessary in order to prevent critical loads. Products should be defined on all organised energy markets, including ancillary services and capacity markets so as to encourage the participation of demand response.

Or. de

Justification

Unexpected load flows are placing an increasing strain on networks. Network operators must be able to identify critical loads at an early stage so that they can intervene if necessary.



(29a) With the growing importance of active consumers, there is a need to strike a balance between rewarding those that choose to participate, where their participation results in benefits to the energy system, and ensuring the ability of distribution system operators to maintain the grid in a cost-efficient and secure way in the long term. Tariffs, charges and remuneration for self-consumption should incentivise smarter renewables integration technologies and motivate

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renewables self- consumers to make investment decisions that mutually benefit the final customer and the grid. To allow for such a balance, it is necessary to ensure that renewable self-consumers and local renewable energy communities are entitled to receive a remuneration for the self-generated renewable electricity they feed into the grid, which reflects at least the market value of the electricity fed in, as well as the long-term value to the grid, the environment and society. This must include both long-term costs and benefits of self-consumption in terms of avoided costs to the grid, society and the environment, especially when combined with other distributed energy resources such as energy efficiency, energy storage, demand response and community networks.

Or. en

Amendment 95Françoise GrossetêteProposal for a directiveRecital 30


(30) Distributed energy technologies and consumer empowerment have made community energy and energy cooperatives an effective and cost-efficient way to meet citizens' needs and expectations regarding energy sources, services and local participation. Community energy offers an inclusive option for all consumers to have a direct stake in producing, consuming or sharing energy between each other within a geographically confined community network that may operate in an isolated mode or be connected to the public distribution network. Community energy initiatives focus primarily on providing affordable energy of a specific kind, such as renewable energy, for their members or

(30) Distributed energy technologies and consumer empowerment have made community energy and energy cooperatives an effective and cost-efficient way to meet citizens' needs and expectations regarding energy sources, services and local participation. Community energy offers an inclusive option for all consumers to have a direct stake in producing, consuming or sharing energy between each other within a geographically confined community, potentially using their own network that may operate in an isolated mode or be connected to the public distribution network. The possibility for local energy communities to perform the activity of distribution system operator shall be

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shareholders rather than prioritising profit-making like a traditional energy company. By directly engaging with consumers community energy initiatives are demonstrating their potential in facilitating the up-take of new technologies and consumption patterns, including smart distribution grids and demand response, in an integrated manner. Community energy can also advance energy efficiency at household level and help fight energy poverty through reduced consumption and lower supply tariffs. Community energy also enables certain groups of household consumers to participate in the energy market who otherwise might not have been able to do so. Where they have been successfully operated such initiatives have delivered economic, social and environmental value to the community that goes beyond the mere benefits derived from the provision of energy services. Local energy communities should be allowed to operate on the market on a level-playing field without distorting competition. Household consumers should be allowed to voluntarily participate in a community energy initiative as well as to leave it, without losing access to the network operated by the community energy initiative or their rights as consumers. Access to a local energy community's network should be granted on fair and cost-reflective terms.

subject to standards to be set by national regulatory authorities. In such case, they shall have the same duties and obligations than other distribution system operators, including quality of service. Community energy initiatives focus primarily on providing affordable energy of a specific kind, such as renewable energy, for their members or shareholders rather than prioritising profit-making like a traditional energy company. By directly engaging with consumers community energy initiatives are demonstrating their potential in facilitating the up-take of new technologies and consumption patterns, including smart distribution grids and demand response, in an integrated manner. Community energy can also advance energy efficiency at household level and help fight energy poverty through reduced consumption and lower supply tariffs. Community energy also enables certain groups of household consumers to participate in the energy market who otherwise might not have been able to do so. Where they have been successfully operated such initiatives have delivered economic, social and environmental value to the community that goes beyond the mere benefits derived from the provision of energy services. Local energy communities should be allowed to operate on the market on a level-playing field without distorting competition. Household consumers should be allowed to voluntarily participate in a community energy initiative as well as to leave it, without losing access to the network operated by the community energy initiative or their rights as consumers. Access to a local energy community's network should be granted on fair and cost-reflective terms. Charges applied to system users of a local energy community's network should avoid any cross-subsidy with system users connected to public networks.

Or. en

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(30) Distributed energy technologies and consumer empowerment have made community energy and energy cooperatives an effective and cost-efficient way to meet citizens' needs and expectations regarding energy sources, services and local participation. Community energy offers an inclusive option for all consumers to have a direct stake in producing, consuming or sharing energy between each other within a geographically confined community network that may operate in an isolated mode or be connected to the public distribution network. Community energy initiatives focus primarily on providing affordable energy of a specific kind, such as renewable energy, for their members or shareholders rather than prioritising profit-making like a traditional energy company. By directly engaging with consumers community energy initiatives are demonstrating their potential in facilitating the up-take of new technologies and consumption patterns, including smart distribution grids and demand response, in an integrated manner. Community energy can also advance energy efficiency at household level and help fight energy poverty through reduced consumption and lower supply tariffs. Community energy also enables certain groups of household consumers to participate in the energy market who otherwise might not have been able to do so. Where they have been successfully operated such initiatives have delivered economic, social and environmental value to the community that goes beyond the mere benefits derived from the provision of energy services. Local energy communities should be

(30) Distributed energy technologies and consumer empowerment have made community energy, including energy cooperatives, an effective and cost-efficient way to meet citizens' needs and expectations regarding energy sources, services, local private and public investment, social benefits, empowerment and local participation. Community energy initiatives focus primarily on providing affordable energy of specific kind, such as renewable energy, for their members or shareholders, or to alleviate problems concerning a decreasing standard of living or to strengthen community interaction, rather than prioritising profit-making like a traditional energy company. By directly engaging with consumers community energy initiatives are demonstrating their potential in facilitating the up-take of new technologies and consumption patterns, including smart distribution grids and demand response, in an integrated manner. Community participation in these activities can contribute greatly to the achievement of the EU’s 2030 climate and energy targets and objectives. Energy communities supply affordable renewable energy for their members or shareholders locally, regionally and nationally, depending on national market context. Community energy can also advance energy efficiency, including end use energy savings, at household level and help fight energy poverty through reduced consumption and lower supply tariffs. Community energy also enables certain groups of household consumers to participate in the energy market who otherwise might not have been able to do

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allowed to operate on the market on a level-playing field without distorting competition. Household consumers should be allowed to voluntarily participate in a community energy initiative as well as to leave it, without losing access to the network operated by the community energy initiative or their rights as consumers. Access to a local energy community's network should be granted on fair and cost-reflective terms.

so. Where they have been successfully operated such initiatives have delivered economic, social and environmental value to the community that goes beyond the mere benefits derived from the provision of energy services. Household consumers should be allowed to voluntarily participate in a community energy initiative while maintaining all their rights as a consumer, including their right to choice and to a good quality of supply. Individuals should be able to leave a local energy community, without losing access to the network operated by the community energy initiative or their rights as consumers.

Or. en



(30) Distributed energy technologies and consumer empowerment have made community energy and energy cooperatives an effective and cost-efficient way to meet citizens' needs and expectations regarding energy sources, services and local participation. Community energy offers an inclusive option for all consumers to have a direct stake in producing, consuming or sharing energy between each other within a geographically confined community network that may operate in an isolated mode or be connected to the public distribution network. Community energy initiatives focus primarily on providing affordable energy of a specific kind, such as renewable energy, for their members or shareholders rather than prioritising profit-making like a traditional energy company. By directly engaging with consumers

(30) Distributed energy technologies and consumer empowerment have made community energy and energy cooperatives an effective and cost-efficient way to meet citizens' needs and expectations regarding energy sources, services and local participation. Community energy offers an inclusive option for all consumers to have a direct stake in producing, consuming or sharing energy between each other, on the basis of open and voluntary participation, within a geographically confined community network that may operate in an isolated mode or be connected to the public distribution network. Community energy initiatives focus primarily on providing affordable energy of a specific kind, such as renewable energy, for their members or shareholders , contributing to bringing benefits to local communities and to

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community energy initiatives are demonstrating their potential in facilitating the up-take of new technologies and consumption patterns, including smart distribution grids and demand response, in an integrated manner. Community energy can also advance energy efficiency at household level and help fight energy poverty through reduced consumption and lower supply tariffs. Community energy also enables certain groups of household consumers to participate in the energy market who otherwise might not have been able to do so. Where they have been successfully operated such initiatives have delivered economic, social and environmental value to the community that goes beyond the mere benefits derived from the provision of energy services. Local energy communities should be allowed to operate on the market on a level-playing field without distorting competition. Household consumers should be allowed to voluntarily participate in a community energy initiative as well as to leave it, without losing access to the network operated by the community energy initiative or their rights as consumers. Access to a local energy community's network should be granted on fair and cost-reflective terms.

representing local interests, and rather than prioritising profit-making like a traditional energy company. By directly engaging with consumers community energy initiatives are demonstrating their potential in facilitating the up-take of new technologies and consumption patterns, including smart distribution grids and demand response, in an integrated manner. Community energy can also advance energy efficiency at household level and help fight energy poverty through reduced consumption and lower supply tariffs. Community energy also enables certain groups of household consumers to participate in the energy market who otherwise might not have been able to do so. Where they have been successfully operated such initiatives have delivered economic, social and environmental value to the community that goes beyond the mere benefits derived from the provision of energy services. Local energy communities should be allowed to operate on the market on a level-playing field without distorting competition. Household consumers should be allowed to voluntarily participate in a community energy initiative as well as to leave it, without losing access to the network operated by the community energy initiative or their rights as consumers. Access to a local energy community's network should be granted on fair and cost-reflective terms.

Or. en

Amendment 98Dario Tamburrano, David Borrelli, Piernicola PediciniProposal for a directiveRecital 30


(30) Distributed energy technologies and consumer empowerment have made community energy and energy cooperatives an effective and cost-efficient

(30) Distributed energy technologies and consumer empowerment have made community energy and energy cooperatives an effective and cost-efficient

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way to meet citizens' needs and expectations regarding energy sources, services and local participation. Community energy offers an inclusive option for all consumers to have a direct stake in producing, consuming or sharing energy between each other within a geographically confined community network that may operate in an isolated mode or be connected to the public distribution network. Community energy initiatives focus primarily on providing affordable energy of a specific kind, such as renewable energy, for their members or shareholders rather than prioritising profit-making like a traditional energy company. By directly engaging with consumers community energy initiatives are demonstrating their potential in facilitating the up-take of new technologies and consumption patterns, including smart distribution grids and demand response, in an integrated manner. Community energy can also advance energy efficiency at household level and help fight energy poverty through reduced consumption and lower supply tariffs. Community energy also enables certain groups of household consumers to participate in the energy market who otherwise might not have been able to do so. Where they have been successfully operated such initiatives have delivered economic, social and environmental value to the community that goes beyond the mere benefits derived from the provision of energy services. Local energy communities should be allowed to operate on the market on a level-playing field without distorting competition. Household consumers should be allowed to voluntarily participate in a community energy initiative as well as to leave it, without losing access to the network operated by the community energy initiative or their rights as consumers. Access to a local energy community's network should be granted on fair and cost-reflective terms.

way to meet citizens' needs and expectations regarding energy sources, services and local participation. Community energy initiatives, or local energy communities, focus primarily on empowering citizens, local authorities and small and medium enterprises, as final consumers, to come together to jointly control, in a democratic way, local energy businesses aimed to provide local environmental, economic and social community benefits. Energy communities provide affordable energy of a specific kind such as renewable energy, for their members or shareholders, or to alleviate problems concerning a decreasing standard of living or to strengthen community interaction, rather than prioritising profit-making like a traditional energy company. By directly engaging with consumers community energy initiatives are demonstrating their potential in facilitating the up-take of new technologies and consumption patterns, including smart distribution grids and demand response, in an integrated manner. Community energy can also advance energy efficiency at household level and help fight energy poverty through reduced consumption, lower supply tariffs, and means to invest in energy performance renovations. Community energy also enables certain groups of household consumers to participate in the energy market who otherwise might not have been able to do so, including through virtual net metering. Where they have been successfully operated such initiatives have delivered economic, social and environmental value to the community that goes beyond the mere benefits derived from the provision of energy services. Household consumers should be allowed to voluntarily participate in a community energy initiative while maintaining all their rights as a consumer, including their right to choice and to a good quality of supply. Individuals should be able to leave a local energy community without losing

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access to the network operated by the community energy initiative or their rights as consumers.

Or. en



(30) Distributed energy technologies and consumer empowerment have made community energy and energy cooperatives an effective and cost-efficient way to meet citizens' needs and expectations regarding energy sources, services and local participation. Community energy offers an inclusive option for all consumers to have a direct stake in producing, consuming or sharing energy between each other within a geographically confined community network that may operate in an isolated mode or be connected to the public distribution network. Community energy initiatives focus primarily on providing affordable energy of a specific kind, such as renewable energy, for their members or shareholders rather than prioritising profit-making like a traditional energy company. By directly engaging with consumers community energy initiatives are demonstrating their potential in facilitating the up-take of new technologies and consumption patterns, including smart distribution grids and demand response, in an integrated manner. Community energy can also advance energy efficiency at household level and help fight energy poverty through reduced consumption and lower supply tariffs. Community energy also enables certain groups of household consumers to participate in the energy market who otherwise might not have been able to do so. Where they have been

(30) Distributed energy technologies and consumer empowerment have made community energy and energy cooperatives an effective and cost-efficient way to meet citizens' needs and expectations regarding energy sources, services and local participation. Community energy initiatives, or local energy communities, focus primarily on providing affordable energy of a specific kind, such as renewable energy, for their members or shareholders, or to alleviate problems concerning a decreasing standard of living or to strengthen community interaction, rather than prioritising profit-making like a traditional energy company. By directly engaging with consumers community energy initiatives are demonstrating their potential in facilitating the up-take of new technologies and consumption patterns, including smart distribution grids and demand response, in an integrated manner. Community energy can also advance energy efficiency at household level and help fight energy poverty through reduced consumption and lower supply tariffs. Community energy also enables certain groups of household consumers to participate in the energy market who otherwise might not have been able to do so. Where they have been successfully operated such initiatives have delivered economic, social and environmental value to the community that goes beyond the

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successfully operated such initiatives have delivered economic, social and environmental value to the community that goes beyond the mere benefits derived from the provision of energy services. Local energy communities should be allowed to operate on the market on a level-playing field without distorting competition. Household consumers should be allowed to voluntarily participate in a community energy initiative as well as to leave it, without losing access to the network operated by the community energy initiative or their rights as consumers. Access to a local energy community's network should be granted on fair and cost-reflective terms.

mere benefits derived from the provision of energy services. Local energy communities should be allowed to operate on the market on a level-playing field without distorting competition. Household consumers should be allowed to voluntarily participate in a community energy initiative while maintaining all their rights as a consumer, including their right to choice and to a good quality of supply. Individuals should be able to leave a local energy community, without losing access to the network operated by the community energy initiative or their rights as consumers.

Or. en



(30a) Local energy communities should be allowed to operate in the market on a level-playing field without distorting competition. Incumbent national energy regulations are designed mainly for traditional, large commercial and public energy enterprises, preventing local energy communities from being able to participate. Furthermore, the specific characteristics of local energy communities, in particular their size, ownership and governance structure, and their primary aims of generating and distributing local environmental, economic and social benefits over profits, can make it difficult to meet certain market entry and participation requirements. While local energy communities are able to form and participate in the energy markets of some

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Member States, in many it is still impossible for citizens to participate in an energy community. To enable equal participation of citizens in the energy market across Europe, all final consumers should have a right to participate in a local energy community. In addition, local energy communities should be acknowledged in national regulatory frameworks, and entitled to an enabling framework that provides a level playing field with other undertakings, in particular through reduction of regulatory and market barriers that hamper their participation.

Or. en

Justification

consider rewording

Amendment 101Dario Tamburrano, David Borrelli, Piernicola PediciniProposal for a directiveRecital 30 a (new)


(30a) The market design initiative needs to provide a safe space so that energy communities are able to operate on the market. Currently, national energy regulations are designed mainly for traditional commercial and public energy enterprises that produce electricity from centralized, dirty fossil fuels, preventing energy communities from being able to participate. Due to the specific characteristics of energy communities, in particular their size, ownership and governance structure, and their primary aims of generating and distributing local environmental, economic and social benefits over profits, energy communities often face market and regulatory barriers preventing them from entry and

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participation. In many Member States, citizens are prevented from participating in the energy market through a energy community. Across Europe, all final consumers should have a right to participate in a energy community. In addition, energy communities should be entitled to participate across all energy markets, and to removal of all regulatory and market barriers that hamper their participation

Or. en

Amendment 102Claude Turmeson behalf of the Verts/ALE GroupProposal for a directiveRecital 30 b (new)


(30b) Community networks offer solutions to integrating higher levels of distributed renewable energy production at the local level while maintaining reliability, security of supply and cost-efficient operation of the distribution network. Through a community network, local energy communities offer an inclusive option for all final consumers, in particular household consumers that live in both isolated and urbanised areas, to have a direct stake in producing, consuming and or sharing energy between each other within a virtual community network, or a geographically confined community network that may operate in an isolated mode or be connected to the public distribution network. Where a community network is set up by a local energy community, access to the local energy community's network should be guaranteed on fair and cost-reflective terms. Individuals should be able to leave a local energy community that operates a community network without losing access to the network

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operated by the community energy initiative or their rights as consumers.

Or. en

Amendment 103Dario Tamburrano, David Borrelli, Piernicola PediciniProposal for a directiveRecital 30 b (new)


(30b) Energy infrastructure should be treated as a common good. Through ownership and operation of the distribution network, communities have the opportunity to participate directly in decisions over how the grid should evolve in order to integrate more renewables, drive demand response and energy savings, and to benefit from cost-efficient operation of the grid. Local ownership can also ensure that savings are distributed directly back to the customers themselves, as well as generate other environmental, social and economic benefits. Where local citizens express their desire, energy communities or local authorities should be permitted to take over responsibility for their energy infrastructure through re-municipalisation. National regulatory frameworks should permit communities to compete on a level playing field with other actors in competitive bidding procedures to own and operate distribution networks.

Or. en

Amendment 104Martina Werner, Peter Kouroumbashev, Jeppe Kofod, Carlos Zorrinho, Theresa Griffin, Miapetra Kumpula-Natri, Miroslav Poche, Eugen Freund, Soledad Cabezón Ruiz, José Blanco LópezProposal for a directiveRecital 31

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(31) Energy bills and annual statements are an important means through which customers are informed. As well as data on consumption and costs, they can also convey other information that helps consumers to compare their current deal with other offers. However, considering that bill-related disputes are a very common source of consumer complaints, a factor which contributes to persistently low levels of consumer satisfaction and engagement in the energy sector, it is necessary to make bills and annual statements clearer and easier to understand, as well as to ensure that bills contain all the information necessary to enable consumers to regulate their energy consumption, compare offers and switch suppliers.

(31) Energy bills and annual statements are an important means through which customers are informed. Energy bills and annual statements provide data on consumption and costs, while they can also convey other information that helps consumers to compare their current deal with other offers. However, considering that bill-related disputes are a very common source of consumer complaints, bills and annual statements contribute to persistently low levels of consumer satisfaction and engagement in the energy sector. Therefore it is necessary to make bills and annual statements clearer and easier to understand, as well as to ensure that bills contain all the information necessary to enable consumers to regulate their energy consumption, compare offers and switch suppliers.

Or. en



(32) Member States should encourage the modernisation of distribution networks, such as through the introduction of smart grids, which should be built in a way that encourages decentralised generation and energy efficiency.

(32) Member States should encourage the modernisation of distribution networks, such as through the introduction of smart grids, which should be built in a way that encourages decentralised generation, energy storage and energy efficiency.

Or. en

Justification


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Amendment 106Eva KailiProposal for a directiveRecital 32


(32) Member States should encourage the modernisation of distribution networks, such as through the introduction of smart grids, which should be built in a way that encourages decentralised generation and energy efficiency.

(32) Member States should encourage the modernisation of distribution networks, such as through the introduction of smart grids, which should be built in a way that encourages decentralised generation, energy storage and energy efficiency.

Or. en

Justification




(34) When it comes to deciding at national level on the smart metering deployment , it should be possible to base this on an economic assessment. Should that assessment conclude that the introduction of such metering systems is economically reasonable and cost-effective only for consumers with a certain amount of electricity consumption, Member States should be able to take that into account when proceeding with implementation.

(34) When it comes to deciding at national level on the smart metering deployment, it should be possible to base this on an economic assessment. This economic assessment should take into account the long term benefits of smart metering deployment for the whole value chain, in particular for better network management, more precise planning and identification of network losses. Should that assessment conclude that the introduction of such metering systems is cost-effective only for consumers with a certain amount of electricity consumption, Member States should be able to take that into account when proceeding with implementation. This assessment should however be reviewed regularly and at least every two years in light of the fast

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evolving technological developments.

Or. en

Amendment 108Theresa Griffin, Carlos Zorrinho, José Blanco López, Soledad Cabezón Ruiz, Clare Moody, Jude Kirton-Darling, Patrizia Toia, Peter Kouroumbashev, Zigmantas Balčytis, Isabella De MonteProposal for a directiveRecital 36


(36) In order to assist consumers' active participation in the electricity market, the smart metering systems to be deployed by Member States in their territory should be interoperable, not represent a barrier to switching of supplier, and should be equipped with fit-for-purpose functionalities that allow consumers to have near-real time access to their consumption data, modulate their energy consumption and, to the extent that the supporting infrastructure permits, offer their flexibility to the network and to energy services companies, be rewarded for it, and achieve savings in their electricity bill.

(36) In order to assist consumers' active participation in the electricity market, the smart metering systems to be deployed by Member States in their territory should be interoperable, not represent a barrier to switching of supplier, and should be equipped with fit-for-purpose functionalities that allow consumers to have near-real time access to their consumption data, modulate their energy consumption and, to the extent that the supporting infrastructure permits, offer their flexibility to the network and to energy services companies, be rewarded for it, and achieve savings in their electricity bill. Smart meters shall be free of charge to energy-poor final household consumers.

Or. en



(36) In order to assist consumers' active participation in the electricity market, the smart metering systems to be deployed by Member States in their territory should be interoperable, not represent a barrier to

(36) In order to assist consumers' active participation in the electricity market, the smart metering systems to be deployed by Member States in their territory should be interoperable, not represent a barrier to

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switching of supplier, and should be equipped with fit-for-purpose functionalities that allow consumers to have near-real time access to their consumption data, modulate their energy consumption and, to the extent that the supporting infrastructure permits, offer their flexibility to the network and to energy services companies, be rewarded for it, and achieve savings in their electricity bill.

switching of supplier, and should be equipped with fit-for-purpose functionalities that allow consumers to have real time or near-real time access to their consumption data, modulate their energy consumption and, to the extent that the supporting infrastructure permits, offer their flexibility to the network and to energy services companies, be rewarded for it, and achieve savings in their electricity bill.

Or. en



(37) . A key aspect of 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 those data. Consumers should also have the right to be properly informed about their energy consumption. Prepayments should not place a disproportionate disadvantage at their users, while different payment systems should be non-discriminatory. Information on energy costs provided to consumers frequently enough will create incentives for energy savings because it will give customers direct feedback on the effects of investment in energy efficiency and change of behaviour. In this respect, full implementation of Directive 2012/27/EU of the European Parliament and of the Council33 will help consumers to reduce their energy costs.

(37) A key aspect of supplying final customers is access to objective, timely 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 those data. Consumers should also have the right to be properly informed about their energy consumption. Prepayments should not place a disproportionate disadvantage at their users, while different payment systems should be non-discriminatory. Information on energy costs provided to final consumers frequently enough will create incentives for energy savings because it will give final customers direct feedback on the effects of investment in energy efficiency and change of behaviour. In this respect, full implementation of Directive 2012/27/EU of the European Parliament and of the Council33 will help consumers to reduce their energy costs.

__________________ __________________33 Directive 2012/27/EU of the European 33 Directive 2012/27/EU of the European

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Parliament and of the Council of 25 October 2012 on energy efficiency, amending Directives 2009/125/EC and 2010/30/EU and repealing Directives 2004/8/EC and 2006/32/EC (OJ L 315, 14.11.2012, p. 1).

Parliament and of the Council of 25 October 2012 on energy efficiency, amending Directives 2009/125/EC and 2010/30/EU and repealing Directives 2004/8/EC and 2006/32/EC (OJ L 315, 14.11.2012, p. 1).

Or. en



(38) Currently different models for the management of data have been developed or are under development in the Member States following the deployment of smart metering systems. Independently of the data management model it is important that Member States put in place transparent rules under which 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 handle data.

(38) Currently different models for the management of data have been developed or are under development in the Member States following the deployment of smart metering systems. Independently of the data management model it is important that Member States put in place transparent rules under which data can be accessed and exchanged under non-discriminatory conditions and in an effective manner and ensure the highest level of data integrity, cybersecurity and data protection as well as the impartiality of the entities which handle data. Member states should also ensure that consumers remain in control and owners of the consumption data, in particular by being able to identify themselves, give or withdraw consent in an easy manner in accordance with Union data protection legislation.

Or. en


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(39) Member States should take the necessary measures to protect vulnerable and energy poor customers in the context of the internal market in electricity. Such measures may differ according to the particular circumstances in the Member States in question and may include social or energy policy measures relating to the payment of electricity bills, investment in residential energy efficiency or consumer protection such as disconnection safeguards. Where universal service is also provided to small enterprises, measures to ensure that such universal service is provided may differ according to whether they are aimed at household customers or small enterprises.

(39) Member States should take the necessary measures to protect vulnerable and energy poor customers in the context of the internal market in electricity. Such measures may differ according to the particular circumstances in the Member States in question and may include social or energy policy measures relating to the payment of electricity bills, investment in residential energy efficiency and facilitating their access to affordable renewable energy or consumer protection such as disconnection safeguards. Where universal service is also provided to small enterprises, measures to ensure that such universal service is provided may differ according to whether they are aimed at household customers or small enterprises.

Or. en

Amendment 113Pavel TeličkaProposal for a directiveRecital 39


(39) Member States should take the necessary measures to protect vulnerable and energy poor customers in the context of the internal market in electricity. Such measures may differ according to the particular circumstances in the Member States in question and may include social or energy policy measures relating to the payment of electricity bills, investment in residential energy efficiency or consumer protection such as disconnection safeguards. Where universal service is also provided to small enterprises, measures to ensure that such universal service is provided may differ according to whether they are aimed at household customers or small enterprises.

(39) Member States should take the necessary measures to protect vulnerable customers in the context of the internal market in electricity. Such measures may differ according to the particular circumstances in the Member States in question and may include social or energy policy measures relating to the payment of electricity bills, investment in residential energy efficiency or consumer protection such as disconnection safeguards. Where universal service is also provided to small enterprises, measures to ensure that such universal service is provided may differ according to whether they are aimed at household customers or small enterprises.

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Or. en

Amendment 114Martina Werner, Jeppe Kofod, Carlos Zorrinho, Theresa Griffin, Miapetra Kumpula-Natri, Miroslav Poche, Jens Geier, Eugen Freund, Patrizia Toia, Soledad Cabezón Ruiz, José Blanco LópezProposal for a directiveRecital 40


(40) Energy services are fundamental to safeguard the well-being of the Union citizens. Adequate warmth, cooling, lighting and the energy to power appliances are essential services to guarantee a decent standard of living and citizens' health. Furthermore, access to these energy services empowers European citizens to fulfil their potential and it enhances social inclusion. Energy poor households are unable to afford these energy services due to a combination of low income, high energy expenditure and poor energy efficiency of their homes. Member States should collect the right information to monitor the number of households in energy poverty. Accurate measurement should assist Member States to identify those households affected by energy poverty in order to provide targeted support. The Commission should actively support the implementation of the provisions on energy poverty by facilitating the sharing of good practices between Member States.

(40) Energy supply is fundamental to safeguard the well-being of the Union citizens. Heating, cooling, lighting and the energy to power appliances are essential to guarantee a decent standard of living and citizens' health. Furthermore, access to energy empowers European citizens to fulfil their potential and it enhances social inclusion. Energy poor households are unable to afford these energy services due to a combination of low income, high energy expenditure and poor energy efficiency of their homes. Member States should collect the right information to monitor the number of households in energy poverty. Accurate measurement should assist Member States to identify those households affected by energy poverty in order to provide targeted support through their social welfare systems or other policy measures. The Commission should actively support the implementation of the provisions on energy poverty by facilitating the sharing of good practices between Member States.

Or. en

Amendment 115Pavel TeličkaProposal for a directiveRecital 41


(41) Member States which are affected (41) Certain aspects related to the

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by energy poverty and which have not yet done so should therefore develop national action plans or other appropriate frameworks to tackle this problem, aiming at decreasing the number of people suffering such situation. Low income, high energy expenditure, and poor energy efficiency of homes are relevant factors in designing indicators for the measurement of energy poverty. In any event, Member States should ensure the necessary energy supply for vulnerable and energy poor customers. In doing so, an integrated approach, such as in the framework of energy and social policy, could be used and measures could include social policies or energy efficiency improvements for housing. At the very least, this Directive should allow national policies in favour of vulnerable and energy poor customers.

energy market, such as energy poverty, should be addressed at national level. Creation of EU-wide strategies which don´t respect national specifics and differences between Member States may be misleading and counterproductive. Best practices may be considered.

Or. en

Amendment 116Martina Werner, Peter Kouroumbashev, Carlos Zorrinho, Theresa Griffin, Miapetra Kumpula-Natri, Miroslav Poche, Eugen Freund, Patrizia Toia, Soledad Cabezón Ruiz, José Blanco LópezProposal for a directiveRecital 41


(41) Member States which are affected by energy poverty and which have not yet done so should therefore develop national action plans or other appropriate frameworks to tackle this problem, aiming at decreasing the number of people suffering such situation. Low income, high energy expenditure, and poor energy efficiency of homes are relevant factors in designing indicators for the measurement of energy poverty. In any event, Member States should ensure the necessary energy supply for vulnerable and energy poor customers. In doing so, an integrated approach, such as in the framework of

(41) Energy poverty is a growing problem in the Union. Member States which are affected by energy poverty and which have not yet done so should therefore develop national action plans or other appropriate frameworks to tackle energy poverty this problem, aiming at decreasing the number of energy poor customers. Low income, high energy expenditure, and poor energy efficiency of homes are relevant factors in designing indicators for the measurement of energy poverty. In any event, Member States should ensure the necessary energy supply for vulnerable and energy poor customers.

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energy and social policy, could be used and measures could include social policies or energy efficiency improvements for housing. At the very least, this Directive should allow national policies in favour of vulnerable and energy poor customers.

In doing so, an integrated approach, such as in the framework of energy and social policy, could be used and measures could include social policies or energy efficiency improvements for housing. This Directive should enhance national policies in favour of vulnerable and energy poor customers.

Or. en



(41a) There is a need to support and optimise the integration of energy from renewable sources into the transmission and distribution grid and the use of energy storage systems for integrated variable production of energy from renewable sources. To this end, Member States shall ensure long-term grid and system planning and take appropriate steps to develop transmission and distribution grid infrastructure, intelligent networks, storage as well as interconnections between Member States and Member States and third countries, in order to ensure system readiness for the uptake of increasing levels of electricity produced from renewable sources.

Or. en



(42) Distribution system operators have (42) Distribution system operators have

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to cost-efficiently integrate new electricity generation especially generating installations using renewable energy sources and new loads such as heat pumps and electric vehicles. For this purpose distribution system operators should be enabled and incentivised to use services from distributed energy resources such as demand response and energy storage, based on market procedures, in order to efficiently operate their networks and avoid costly network expansions. Member States should put in place appropriate measures such as national network codes and market rules, and incentivise distribution system operators through network tariffs which do not create obstacles to flexibility or to the improvement of energy efficiency in the grid. Member States should also introduce network development plans for distribution systems in order to support the integration of generating installations using renewable energy sources, facilitate the development of storage facilities and the electrification of the transport sector, and provide to system users adequate information regarding the foreseen expansions or upgrades of the network, as currently such procedure does not exist in the majority of Member States.

to cost-efficiently integrate new electricity generation especially generating installations using renewable energy sources and new loads such as heat pumps and electric vehicles. For this purpose distribution system operators should be enabled and incentivised to use services from distributed energy resources such as demand response and energy storage, based on market procedures, in order to efficiently operate their networks and avoid costly network expansions. Member States should put in place appropriate measures such as national network codes and market rules, and incentivise distribution system operators through network tariffs which do not create obstacles to flexibility or to the improvement of energy efficiency in the grid. Member States should also introduce network development plans for distribution systems in order to ensure system readiness for the uptake of increasing levels of energy efficiency and electricity production from renewable energy sources and a secure operation of the electricity system , facilitate the development of storage facilities and the electrification of the transport sector, and provide to system users adequate information regarding the foreseen expansions or upgrades of the network, as currently such procedure does not exist in the majority of Member States.

Or. en



(42) Distribution system operators have to cost-efficiently integrate new electricity generation especially generating installations using renewable energy sources and new loads such as heat pumps and electric vehicles. For this purpose

(42) Distribution system operators have to cost-efficiently integrate new electricity generation especially generating installations using renewable energy sources and new loads such as heat pumps and electric vehicles. For this purpose

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distribution system operators should be enabled and incentivised to use services from distributed energy resources such as demand response and energy storage, based on market procedures, in order to efficiently operate their networks and avoid costly network expansions. Member States should put in place appropriate measures such as national network codes and market rules, and incentivise distribution system operators through network tariffs which do not create obstacles to flexibility or to the improvement of energy efficiency in the grid. Member States should also introduce network development plans for distribution systems in order to support the integration of generating installations using renewable energy sources, facilitate the development of storage facilities and the electrification of the transport sector, and provide to system users adequate information regarding the foreseen expansions or upgrades of the network, as currently such procedure does not exist in the majority of Member States.

distribution system operators should be enabled and incentivised to use services from distributed energy resources such as demand response and energy storage, in the first place based on market procedures, in order to efficiently operate their networks and avoid costly network expansions. Member States should put in place appropriate measures such as national network codes and market rules, and incentivise distribution system operators through network tariffs which do not create obstacles to flexibility or to the improvement of energy efficiency in the grid. Member States should also introduce network development plans for distribution systems in order to support the integration of generating installations using renewable energy sources, facilitate the development of storage facilities and the electrification of the transport sector, and provide to system users adequate information regarding the foreseen expansions or upgrades of the network, as currently such procedure does not exist in the majority of Member States.

Or. en

Amendment 120Martina Werner, Jeppe Kofod, Carlos Zorrinho, Theresa Griffin, Miapetra Kumpula-Natri, Miroslav Poche, Patrizia Toia, Soledad Cabezón Ruiz, José Blanco LópezProposal for a directiveRecital 42


(42) Distribution system operators have to cost-efficiently integrate new electricity generation especially generating installations using renewable energy sources and new loads such as heat pumps and electric vehicles. For this purpose distribution system operators should be enabled and incentivised to use services from distributed energy resources such as demand response and energy storage, based on market procedures, in order to

(42) Distribution system operators have to cost-efficiently integrate new electricity generation especially generating installations using renewable energy sources and new loads such as heat pumps and electric vehicles. For this purpose distribution system operators should be enabled and incentivised to use services from distributed energy resources such as demand response and energy storage, based on market procedures, in order to

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efficiently operate their networks and avoid costly network expansions. Member States should put in place appropriate measures such as national network codes and market rules, and incentivise distribution system operators through network tariffs which do not create obstacles to flexibility or to the improvement of energy efficiency in the grid. Member States should also introduce network development plans for distribution systems in order to support the integration of generating installations using renewable energy sources, facilitate the development of storage facilities and the electrification of the transport sector, and provide to system users adequate information regarding the foreseen expansions or upgrades of the network, as currently such procedure does not exist in the majority of Member States.

efficiently operate their networks and avoid costly network expansions. Member States should put in place appropriate measures such as national network codes and market rules, and incentivise distribution system operators through network tariffs which do incentivise flexibility or the improvement of energy efficiency in the grid. Member States should also introduce network development plans for distribution systems in order to support the integration of generating installations using renewable energy sources, facilitate the development of storage facilities and the electrification of the transport sector, and provide to system users adequate information regarding the foreseen expansions or upgrades of the network, as currently such procedure does not exist in the majority of Member States.

Or. en

Amendment 121Cornelia ErnstProposal for a directiveRecital 42 a (new)


(42a) Energy infrastructure should be treated as a common good. Local ownership and operation of the distribution network provides citizens and communities with the unique opportunity to participate directly in decisions over how the grid should evolve in order to integrate more renewables, drive demand response and energy savings, and to benefit from cost-efficient operation of the grid. It also gives communities the opportunity to maximise local socio-economic benefits, including through savings that are distributed directly back to the customers and the local community. Where local citizens express their desire, local energy communities or local authorities should be permitted to take

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over responsibility for ownership and operation of their energy infrastructure. To enable local energy communities and local authorities to assume responsibility for distribution systems, national regulatory frameworks should ensure there are no over-burdensome barriers to becoming a distribution system operator. Where national laws establish competitive bidding procedures to manage distribution networks, local energy communities should be able to compete on a level playing field with other actors to assume ownership and responsibility for operating the network.

Or. en

Amendment 122Cornelia ErnstProposal for a directiveRecital 42 b (new)


(42b) Community energy offers an inclusive option for all consumers to have a direct stake in producing, consuming and/or sharing energy between each other within a community network that may operate through the existing infrastructure as a virtual power plant, or within a geographically confined grid that is connected to the public distribution network but can operate in an isolated mode. Where a community network is set up by a local energy community, access to the local energy community's network should be granted on fair and cost-reflective terms. Individuals should be able to leave a local energy community that operates a community network without losing access to the network operated by the community energy initiative or their rights as consumers.

Or. en

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Justification

Clarity needs to be provided around the concept and definition of local energy communities as distinct from traditional commercial energy company, namely their open economic participation, democratic internal governance, and aims to prioritise local social, economic or environmental benefits over profit. Furthermore, clarity is needed in defining the difference between the concepts of local energy community, and ‘community networks’. As opposed to being a way of doing business, community networks are a very specific and are, largely, an unrealized activity that a local energy community might participate in. To provide clarity, references to community networks should be moved to a separate paragraph.



(44) Where a closed distribution system is used to ensure the optimal efficiency of an integrated energy supply requiring specific operational standards, or a closed distribution system is maintained primarily for the use of the owner of the system, it should be possible to exempt the distribution system operator from obligations which would constitute an unnecessary administrative burden because of the particular nature of the relationship between the distribution system operator and the users of the system. Industrial, commercial or shared services sites such as train station buildings, airports, hospitals, large camping sites with integrated facilities or chemical industry sites can include closed distribution systems because of the specialised nature of their operations.

(44) Where a closed distribution system is used to ensure the optimal efficiency of an integrated energy supply requiring specific operational standards, or a closed distribution system is maintained primarily for the use of the owner of the system, it should be possible to exempt the distribution system operator from obligations which would constitute an unnecessary administrative burden because of the particular nature of the relationship between the distribution system operator and the users of the system. Industrial, commercial or shared services sites such as train station buildings, airports, hospitals, campuses of schools and universities, large camping sites with integrated facilities or chemical industry sites can include closed distribution systems because of the specialised nature of their operations.

Or. en

Justification


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Amendment 124Martina Werner, Jeppe Kofod, Carlos Zorrinho, Theresa Griffin, Miapetra Kumpula-Natri, Miroslav Poche, Soledad Cabezón Ruiz, José Blanco LópezProposal for a directiveRecital 44


(44) Where a closed distribution system is used to ensure the optimal efficiency of an integrated energy supply requiring specific operational standards, or a closed distribution system is maintained primarily for the use of the owner of the system, it should be possible to exempt the distribution system operator from obligations which would constitute an unnecessary administrative burden because of the particular nature of the relationship between the distribution system operator and the users of the system. Industrial, commercial or shared services sites such as train station buildings, airports, hospitals, large camping sites with integrated facilities or chemical industry sites can include closed distribution systems because of the specialised nature of their operations.

(44) Where a closed distribution system is used to ensure the optimal efficiency of an integrated energy supply requiring specific operational standards, or when a closed distribution system is maintained primarily for the use of the owner of the system, it should be possible to exempt the distribution system operator from obligations which would constitute an unnecessary administrative burden because of the particular nature of the relationship between the distribution system operator and the users of the system. Industrial, commercial or shared services sites such as train station buildings, airports, hospitals, large camping sites with integrated facilities or chemical industry sites can include closed distribution systems because of the specialised nature of their operations.

Or. en

Justification


Amendment 125Martina Werner, Jeppe Kofod, Carlos Zorrinho, Theresa Griffin, Miapetra Kumpula-Natri, Soledad Cabezón Ruiz, José Blanco LópezProposal for a directiveRecital 65


(65) This Directive should be read together with [recast of Regulation 714/2009 as proposed by COM(2016)861/2] which lays down key

(65) This Directive should be read together with [recast of Regulation 714/2009 as proposed by COM(2016)861/2] which lays down key

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principles of the new market design for electricity which will enable better reward for flexibility, provide adequate price signals and ensure the development of functioning integrated short-term markets. [recast of Regulation 714/2009 as proposed by COM(2016)861/2] also sets out new rules in various areas including capacity mechanisms and cooperation between transmission system operators.

principles of the new market design for electricity which will enable better reward for flexibility, provide adequate price signals and ensure the development of functioning integrated short-term markets. [recast of Regulation 714/2009 as proposed by COM(2016)861/2] also sets out new rules in various areas including the new method of assessment for resource adequacy and cooperation between transmission system operators.

Or. en

Amendment 126Kaja Kallas, Fredrick Federley, Morten Helveg Petersen, Carolina PunsetProposal for a directiveRecital 69


(69) In order to ensure uniform conditions for the implementation of this Directive, implementing powers should be conferred on the Commission in order to determine a common European data format and non-discriminatory and transparent procedures for accessing the data on metering, consumption data as well as data required for consumer switching. Those powers should be exercised in accordance with Regulation (EU) No 182/2011 of the European Parliament and of the Council36.

(69) In order to ensure uniform conditions for the implementation of this Directive, implementing powers should be conferred on the Commission in order to determine a common European data format and non-discriminatory and transparent procedures for accessing the data on metering, consumption data as well as data required for consumer switching. Those powers should be exercised in accordance with Regulation (EU) No 182/2011 of the European Parliament and of the Council36. In order to ensure that such a common European data format supports marked-based competition and contributes to ensuring interoperability between energy services, the Commission may request if appropriate that data standards are drawn up by the relevant European standardisation organisations.

__________________ __________________36 Regulation (EU) No 182/2011 of the European Parliament and of the Council of 16 February 2011 laying down the rules and general principles concerning mechanisms for control by Member States

36 Regulation (EU) No 182/2011 of the European Parliament and of the Council of 16 February 2011 laying down the rules and general principles concerning mechanisms for control by Member States

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of the Commission’s exercise of implementing powers (OJ L 55, 28.2.2011, p. 13).

of the Commission’s exercise of implementing powers (OJ L 55, 28.2.2011, p. 13).

Or. en

Amendment 127Claude Turmeson behalf of the Verts/ALE GroupProposal for a directiveArticle 1 – paragraph 1


This Directive establishes common rules for the generation, transmission, distribution, storage and supply of electricity, together with consumer protection provisions, with a view to creating truly integrated competitive, consumer-centered and flexible electricity markets in the Union. Using the advantages of an integrated market, the Directive aims at ensuring affordable energy prices for consumers, a high degree of security of supply and a smooth transition towards a decarbonised energy system. It lays down key rules relating to the organisation and functioning of the European electricity sector, in particular rules on consumer empowerment and protection, on open access to the integrated market, on third party access to transmission and distribution infrastructure, unbundling rules, and on independent national energy regulators. .

This Directive establishes common rules for the generation, transmission, distribution, storage and supply of electricity, together with consumer protection provisions, with a view to creating truly integrated competitive, renewables ready, consumer-centered and flexible electricity markets in the Union. Using the advantages of an integrated market, the Directive aims at ensuring affordable, transparent energy costs for consumers, a high degree of security of supply and a smooth transition towards a highly energy efficient and fully renewables-based energy system. It lays down key rules relating to the organisation and functioning of the European electricity sector, in particular rules on consumer empowerment and protection, on open access to the integrated market, on third party access to transmission and distribution infrastructure, unbundling rules, and on independent national energy regulators. Consumer interests shall be at the heart of this Directive and quality of service shall be a central responsibility of electricity undertakings. Existing rights of consumers need to be strengthened and guaranteed, and shall include greater transparency. Consumer protection shall ensure that all consumers in the wider remit of the Community benefit from a competitive market. Consumer rights shall be enforced by Member States or, where a

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Member State has so provided, the regulatory authorities.

Or. en

Amendment 128Martina Werner, Flavio Zanonato, Jeppe Kofod, Carlos Zorrinho, Theresa Griffin, Miapetra Kumpula-Natri, Miroslav Poche, Patrizia Toia, Edouard Martin, Soledad Cabezón Ruiz, José Blanco LópezProposal for a directiveArticle 1 – paragraph 1


This Directive establishes common rules for the generation, transmission, distribution, storage and supply of electricity, together with consumer protection provisions, with a view to creating truly integrated competitive, consumer-centered and flexible electricity markets in the Union. Using the advantages of an integrated market, the Directive aims at ensuring affordable energy prices for consumers, a high degree of security of supply and a smooth transition towards a decarbonised energy system. It lays down key rules relating to the organisation and functioning of the European electricity sector, in particular rules on consumer empowerment and protection, on open access to the integrated market, on third party access to transmission and distribution infrastructure, unbundling rules, and on independent national energy regulators. .

This Directive establishes common rules for the generation, transmission, distribution, storage and supply of electricity, together with consumer protection provisions, with a view to creating truly integrated competitive, consumer-centered and flexible electricity markets in the Union. Using the advantages of an integrated market, the Directive aims at ensuring affordable energy prices for consumers, a high degree of security of supply and a smooth transition towards a sustainable and decarbonised energy system. It lays down key rules relating to the organisation and functioning of the European electricity sector, in particular rules on consumer empowerment and protection, on open access to the integrated market, on third party access to transmission and distribution infrastructure, unbundling rules, and on independent national energy regulators. .

Or. en

Amendment 129Carolina Punset, Gerben-Jan GerbrandyProposal for a directiveArticle 1 – paragraph 1


This Directive establishes common rules This Directive establishes common rules

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for the generation, transmission, distribution, storage and supply of electricity, together with consumer protection provisions, with a view to creating truly integrated competitive, consumer-centered and flexible electricity markets in the Union. Using the advantages of an integrated market, the Directive aims at ensuring affordable energy prices for consumers, a high degree of security of supply and a smooth transition towards a decarbonised energy system. It lays down key rules relating to the organisation and functioning of the European electricity sector, in particular rules on consumer empowerment and protection, on open access to the integrated market, on third party access to transmission and distribution infrastructure, unbundling rules, and on independent national energy regulators..

for the generation, transmission, distribution, storage and supply of electricity, together with consumer protection provisions, with a view to creating truly integrated, consumer-centered and flexible electricity markets in the Union. It sets a common minimum level of interconnections for all Member States. Using the advantages of an integrated market, the Directive aims at ensuring affordable energy prices for consumers, a high degree of security of supply and a smooth transition towards a decarbonised energy system. It lays down key rules relating to the organisation and functioning of the European electricity sector, in particular rules on consumer empowerment and protection, on open access to the integrated market, on third party access to transmission and distribution infrastructure, unbundling rules, and on independent national energy regulators.

Or. en

Amendment 130Carlos ZorrinhoProposal for a directiveArticle 1 – paragraph 1


This Directive establishes common rules for the generation, transmission, distribution, storage and supply of electricity, together with consumer protection provisions, with a view to creating truly integrated competitive, consumer-centered and flexible electricity markets in the Union. Using the advantages of an integrated market, the Directive aims at ensuring affordable energy prices for consumers, a high degree of security of supply and a smooth transition towards a decarbonised energy system . It lays down key rules relating to the organisation and functioning of the European electricity

This Directive establishes common rules for the generation, transmission, distribution, storage and supply of electricity, together with consumer protection provisions, with a view to creating truly integrated competitive, consumer-centered and flexible electricity markets in the Union based on the premise of a common national level of interconnection for all Member States. Using the advantages of an integrated market, the Directive aims at ensuring affordable energy prices for consumers, a high degree of security of supply and a smooth transition towards a decarbonised

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sector, in particular rules on consumer empowerment and protection, on open access to the integrated market, on third party access to transmission and distribution infrastructure, unbundling rules, and on independent national energy regulators. .

energy system . It lays down key rules relating to the organisation and functioning of the European electricity sector, in particular rules on consumer empowerment and protection, on open access to the integrated market, on third party access to transmission and distribution infrastructure, unbundling rules, and on independent national energy regulators. .

Or. pt

Amendment 131Pilar del Castillo Vera, Pilar Ayuso, Francesc GambúsProposal for a directiveArticle 1 – paragraph 1 a (new)


This Directive also sets out means of cooperation among Member States, regulatory authorities and transmission system operators towards the creation of a fully interconnected internal market that increases the integration of renewable electricity, the mechanisms of solidarity among Member States, the free competition and the security of supply.

Or. en

Amendment 132Carolina Punset, Gerben-Jan GerbrandyProposal for a directiveArticle 2 – paragraph 1 – point 1 a (new)


1a. 'distributed energy resources' means energy resources including but not limited to energy storage, energy efficiency, electrical vehicles, distributed generation of electricity from renewable energy sources, community networks and demand response, which are provided to the electrical network, either through a meter at the customer's premises, or

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through the distribution network.

Or. en

Amendment 133Carolina Punset, Gerben-Jan GerbrandyProposal for a directiveArticle 2 – paragraph 1 – point 5


5. 'non-household customer' means a natural or legal person purchasing electricity which is not for their own household use and includes producers industrial customers, small and medium sized enterprises, businesses and wholesale customers;

5. 'non-household customer' means a natural or legal person purchasing electricity which is not for their own household use and includes producers, public, commercial and industrial customers, small and medium sized enterprises, businesses and wholesale customers;

Or. en

Justification

Engaging energy consumers (domestic, commercial, public and industrial) by facilitating access to all the opportunities for them in electricity markets is key.

Amendment 134Claude Turmeson behalf of the Verts/ALE GroupProposal for a directiveArticle 2 – paragraph 1 – point 6


6. ‘active customer’ means a customer or a group of jointly acting customers who consume, store or sell electricity generated on their premises, including through aggregators, or participate in demand response or energy efficiency schemes provided that these activities do not constitute their primary commercial or professional activity;

6. ‘active customer’ means a final customer or a group of jointly acting final customers who consume, store or sell electricity generated within, or near, their premises, including a multi-apartment block, residential area, a commercial, or shared services site, a local energy community, or a closed distribution system on their premises, including through aggregators or power purchase agreements, or participate in demand

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response or energy efficiency schemes provided that these activities do not constitute their primary commercial or professional activity;

Or. en




6. 'active customer' means a customer or a group of jointly acting customers, including a multi-apartment block, a commercial, industrial, residential or shared services site, a closed distribution system, or a third party acting on their behalf, who consume, store or sell electricity generated on their premises, including through aggregators, or participate in demand response or energy efficiency schemes provided that these activities do not constitute their primary commercial or professional activity;

Or. en

Justification

This amendment aims to ensure consistency with the Recast RES Directive, which provides a definition of renewable self-consumers. The word “premises” should be given a wide scope, to take into account groups of neighbouring customers.

Amendment 136Jaromír KohlíčekProposal for a directiveArticle 2 – paragraph 1 – point 6


6. ‘active customer’ means a customer or a group of jointly acting customers who consume, store or sell electricity generated

6. ‘active customer’ means a final customer or a group of jointly acting final customers who consume, store or sell

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on their premises, including through aggregators, or participate in demand response or energy efficiency schemes provided that these activities do not constitute their primary commercial or professional activity;

electricity generated electricity on their premises and sell surplus electricity, including through aggregators or suppliers or traders, or participate in demand response or energy efficiency schemes provided that these activities do not constitute their primary commercial or professional activity;

Or. en

Justification

Active customer is always a final customer. It is important to distinguish an active customer from a producer (act. customer only sells surplus of electricity). Next to aggregator there are also other subjects providing demand response.

Amendment 137Pavel TeličkaProposal for a directiveArticle 2 – paragraph 1 – point 6



6. ‘active customer’ means a final customer or a group of jointly acting final customers who consume, store or generated electricity on their premises and sell surplus electricity, including through aggregators or suppliers or traders, or participate in demand response or energy efficiency schemes provided that these activities do not constitute their primary commercial or professional activity;

Or. en

Amendment 138Evžen TošenovskýProposal for a directiveArticle 2 – paragraph 1 – point 6


6. ‘active customer’ means a customer or a group of jointly acting customers who

6. “active customer” means a final customer or a group of jointly acting final

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consume, store or sell electricity generated on their premises, including through aggregators, or participate in demand response or energy efficiency schemes provided that these activities do not constitute their primary commercial or professional activity;

customers who consume, store or generated electricity on their premises and sell surplus electricity, including through aggregators or suppliers or traders, or participate in demand response or energy efficiency schemes provided that these activities do not constitute their primary commercial or professional activity;

Or. en

Amendment 139Barbara Kappel, Angelo Ciocca, Lorenzo FontanaProposal for a directiveArticle 2 – paragraph 1 – point 6



6. ‘active customer’ means a customer or a group of jointly acting customers who consume, store or sell electricity generated behind the point of their connection to the grid, including through aggregators, or participate in demand response or energy efficiency schemes provided that these activities do not constitute their primary commercial or professional activity;

Or. en

Amendment 140Zdzisław Krasnodębski, Edward CzesakProposal for a directiveArticle 2 – paragraph 1 – point 6



6. ‘active customer’ means a final customer or a group of jointly acting customers who consume, store or sell solely surplus of electricity generated on their premises, including through aggregators, or participate in demand response or energy efficiency schemes provided that these activities do not constitute their primary commercial or professional activity;

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Or. en

Justification

The active consumers should meet its own energy needs from the energy generated by themselves in the first place. Therefore, the operation of active consumers in the field of energy sales should be focused solely on energy surplus.

Amendment 141Françoise GrossetêteProposal for a directiveArticle 2 – paragraph 1 – point 6



6. ‘active customer’ means a final customer who consumes, stores or sells electricity generated on his premises, including through aggregators, or participates in demand response or energy efficiency schemes provided that these activities do not constitute its primary commercial or professional activity;

Or. en

Amendment 142Eva KailiProposal for a directiveArticle 2 – paragraph 1 – point 6



6. ‘active customer’ means a customer or a group of jointly acting customers who consume, store or sell electricity, including through aggregators, or participate in demand response or energy efficiency schemes provided that these activities do not constitute their primary commercial or professional activity;

Or. en

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Amendment 143Massimiliano SaliniProposal for a directiveArticle 2 – paragraph 1 – point 7


7. 'local energy community' means: an association, a cooperative, a partnership, a non-profit organisation or other legal entity which is effectively controlled by local shareholders or members, generally value rather than profit-driven, involved in distributed generation and in performing activities of a distribution system operator, supplier or aggregator at local level, including across borders;

deleted

Or. en




7. 'local energy community' means: an SME or a not-for-profit organisation, the shareholders or members of which cooperate in the generation, distribution, storage or supply of energy at local level, including across borders, fulfilling at least four out of the following criteria: (a) shareholders or members are natural persons, local authorities, including municipalities, or SMEs; (b) at least 51% of the shareholders or members with voting rights of the entity are natural persons; (c) at least 51% of the shares or participation rights of the entity are owned by local members, i.e. representatives of local public and local private socio-economic interests or citizen having a direct interest in the community activity and its impacts; (d) at least 51% of the seats in the board of directors or

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managing bodies of the entity are reserved to local members, i.e. representatives of local public and local private socioeconomic interests or citizens having a direct interest in the community activity and its impacts; (e) the community has not installed more than 5 MW of capacity for electricity, heating and cooling and transport as a yearly average in the previous 5 year.

Or. en

Amendment 145Cornelia ErnstProposal for a directiveArticle 2 – paragraph 1 – point 7



7. 'local energy community' means: a SME or a non-for-profit organisation, which is based on open participation, is effectively controlled by local shareholders or members that are participating collectively as final customers and have equal decision making rights, whose predominant aim is to provide environmental, economic or social community benefits for their members or the local area or areas where they operate rather than profit driven, that carries out or is involved in at least one or more of the following activities: distributed generation, storage, supply, provision of energy efficiency services, aggregation, electro-mobility, or distribution system operation;

Or. en

Justification

First, the definition needs to clearly identify the main characteristics that distinguish a local energy community from a traditional commercial energy company: open economic participation by shareholders in their capacity as final consumers and/or non-professional investors, democratic internal governance, and aims to prioritise local social, economic or

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environmental benefits over profit. Second, the existing definition lacks clarity, and suggests a necessary link between different activities, especially with distribution, which is not the case in practice. Indeed, these activities can in some instances be carried out together, but they are also many times carried out individually. The suggested modifications would also clarify that local energy communities are capable of engaging in storage, and that local energy communities are capable of providing energy efficiency services.

Amendment 146Dario Tamburrano, David Borrelli, Piernicola PediciniProposal for a directiveArticle 2 – paragraph 1 – point 7



7. 'energy community undertaking' means: an SME or not-for-profit organisation which is based on open participation, is effectively controlled by shareholders or members that are participating collectively as final customers and have equal decision making rights, whose predominant aim is to provide increased resilience, environmental, economic or social community benefits for their members or the local area or areas where they operate rather than profit driven, that carries out or is involved in at least one or more of the following activities: distributed generation, storage, supply, provision of energy efficiency services, aggregation, electro-mobility, or distribution system operation;

Or. en

Justification

For legal certainty, this Directive should provide for a definition of “energy community undertaking” that acknowledges the activities that energy communities already engage in or could, in the future, engage in. The definition needs to clearly identify the main characteristics distinguishing energy communities from a traditional commercial energy companies: open economic participation, democratic internal governance, and aims to prioritise social, economic or environmental benefits over profit. Moreover, the proposed definition lacks clarity, and suggests a necessary link between different activities, especially with distribution, which is not the case in practice. Indeed, these activities can in some instances be carried out together, but they are also many times carried out individually. The

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suggested modifications would also clarify that energy communities are capable of engaging in storage, and of providing energy efficiency services.




7. 'local energy community' means: a SME or not-for-profit organisation, which is based on open participation, is effectively controlled by local shareholders or members, that are participating collectively as final customers and have equal decision making rights, whose predominant aim is to provide local environmental, economic or social community benefits for their members or the local area or areas where they operate rather than generate profits, that carries out or is involved in at least one or more of the following activities: distributed generation, storage, supply, provision of energy efficiency services, aggregation, electro-mobility, or distribution system operation.

Or. en

Justification

For legal certainty, this Directive should provide for a definition of “local energy communities” (LECs) that acknowledges the activities that LECs already engage in or could, in the future, engage in. It needs to name the main characteristics that distinguish a LECs from a traditional commercial energy company as well as clarify that the initially suggested link between different activities, especially with distribution, is not the case in practice. Indeed, these activities can in some instances be carried out together, but they are also many times carried out individually. The proposed definition also clarifies that LECs are capable of engaging in storage and providing services, such as in the areas of energy efficiency, e-mobility or aggregation.

Amendment 148Patrizia Toia

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Proposal for a directiveArticle 2 – paragraph 1 – point 7



7. 'local energy community' means: a group of consumers, an association, a cooperative, a partnership, a non-profit organisation or other legal entity, whose installations are involved in distributed generation and in performing activities of a distribution system operator, supplier or aggregator at local level, including across borders; customers that cannot locate installations on their building behind their meter could benefit by a virtual net metering scheme by owning or leasing or entering into long term agreements with installations located in a certain radius.

Or. en

Justification

Local energy communities should not be linked to ownership by the community members. A private owner could still provide the same community benefits, while avoiding large investments for the community. The focus should be on the value created for the community not on ownership. This would unlock more concrete opportunities to create value for communities. The definition should be redefined to explicitly allow for the “remotely owned” model.



7. 'local energy community' means: an association, a cooperative, a partnership, a non-profit organisation or other legal entity which is effectively controlled by local shareholders or members, generally value rather than profit-driven, involved in distributed generation and in performing activities of a distribution system operator, supplier or aggregator at local level,

7. 'local energy community' means: an association, cooperative, a partnership, a non-profit organisation or other legal entity, which is based on open participation, is effectively controlled by local shareholders or members, whose predominant aim is to provide local community benefits rather than generate profits for its members, that carries out or

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including across borders; is involved in at least one or more of the following activities: distributed generation, storage, supply, energy efficiency service provider, aggregator, or distribution system operator, at local level, including across borders;

Or. en

Justification

A definition of ‘local energy communities’, for legal certainty, should be provided, acknowledging the activities in which they are or could be involved. It should identify clearly the main characteristics distinguishing it from a traditional commercial energy company: open economic participation, democratic governance, and social, economic or environmental benefits over profit. This definition is clearer, indicating that distribution is not always linked, and that these communities are capable to engage in energy storage and provide energy efficiency services.

Amendment 150Pilar del Castillo Vera, Pilar Ayuso, Francesc GambúsProposal for a directiveArticle 2 – paragraph 1 – point 7



7. 'local energy community' means: a legal entity, in the terms and conditions defined by each Member State, involved in distributed generation and in performing activities of a supplier or aggregator at local level;

Or. en

Amendment 151Kaja Kallas, Angelika Mlinar, Fredrick Federley, Morten Helveg Petersen, Carolina Punset, Gerben-Jan GerbrandyProposal for a directiveArticle 2 – paragraph 1 – point 7

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7. 'local energy community' means: a locally-based association, cooperative, partnership, non-profit organisation or other legal entity which is based on open participation, is effectively controlled by local shareholders or members, generally aimed at providing local communities benefits and representing largely local interests, rather than profit-driven, involved in distributed generation and in performing activities of a distribution system operator, supplier or aggregator at local level, including across borders;;

Or. en




7. 'local energy community' means: an association, a cooperative, a partnership, a non-profit organisation or other legal entity which is effectively controlled by final customers from a geographically confined area, generally value rather than profit-driven, involved in distributed generation and in performing activities of a supplier, energy efficiency services provider or aggregator at local level, including across borders. A local energy community may also perform activities of a Distribution System Operator;

Or. en


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7. 'local energy community' means: an association, a cooperative, a partnership, a non-profit organisation or other legal entity which is controlled by shareholders or members, established or resided on the area of local energy community activity, established to satisfy local energy needs, generally value rather than profit-driven, involved in distributed generation and/or in performing activities of a distribution system operator, supplier or aggregator at local level, as well as across borders;

Or. en




7. 'local energy community' means: a non-profit organisation which is effectively controlled by local shareholders or members, involved in distributed generation from renewable energy sources and in performing activities of a distribution system operator, supplier or aggregator at local level;

Or. en

Justification

i) Should the companies „effectively controlled by local shareholders“ have any preferential treatment, it would imply violation of TFEU: The only exception to for establishment of LEC are non-profit companies. For this reason should current wording „generally value rather than profit-driven“ be deleted. ii)RED directive includes „renewable energy communities“, which seem to overlap with this provision. We propose to amend the text “…..distributed generation from RES” iii)We suggest to delete „including across borders“ as coordination with relevant TSOs would be needed to secure the cross-border transmission.

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Or. en





Or. en

Amendment 157Paul RübigProposal for a directiveArticle 2 – paragraph 1 – point 7

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7. 'local energy community' means: an association, a cooperative, a partnership, a non-profit organisation or other legal entity which is effectively controlled by local shareholders or members, generally value rather than profit-driven, involved in distributed generation and in performing activities of a distribution system operator, supplier or aggregator at local level, including across borders and competes on a level-playing field;

Or. en

Justification

While new market participants and business models are welcome in the European Energy Market, transparent and fair competition rules must equally apply.

Amendment 158Werner LangenProposal for a directiveArticle 2 – paragraph 1 – point 7



7. 'local energy community' means: an association, a cooperative, a partnership, a non-profit organisation or other legal entity which is effectively controlled by local shareholders or members, involved in distributed generation and in performing activities of a distribution system operator, supplier or aggregator at local level, possibly including across borders;

Or. de

Justification

Local energy communities have the potential to become one element of a future energy supply. However, it is important to avoid any discrimination or inappropriate rules.

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Amendment 159Dario Tamburrano, David Borrelli, Piernicola PediciniProposal for a directiveArticle 2 – paragraph 1 – point 7 a (new)


7a. 'distributed energy resources' means energy resources including but not limited to energy storage, energy efficiency, electrical vehicles, distributed generation of electricity from renewable energy sources and related distributed ledger technologies, community networks and demand response, which are provided to the electrical network, either behind the meter in the customer's premise, or to the distribution network.

Or. en

Justification

The market design initiative needs to incentivise flexibility from active customers, particularly self-consumers, smarter renewables integration technologies, and motivate consumers to make investment decisions that mutually benefit the customer and the grid. Indeed, self-consumption, demand response, storage, electrical vehicle charging infrastructures, and local energy communities, can provide a number of services, both to the system, the environment and society on a local level. These services, or benefits, should be quantified in setting both remuneration and grid tariffs for active customers. However, in order to be able to appropriately assess the costs and benefits of these technologies, national regulatory authorities and system operators need to be able to look at how different distributed energy resources, or DER, interact together, not just individually. To inform such an assessment, a definition of DER is needed.

Amendment 160Claude Turmeson behalf of the Verts/ALE GroupProposal for a directiveArticle 2 – paragraph 1 – point 7 a (new)


7a. ´renewable ready market´ means a market, which favours the market integration of variable renewable energy sources and incentivises adequate

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flexibility options through dedicated market arrangements.

Or. en

Amendment 161Pavel TeličkaProposal for a directiveArticle 2 – paragraph 1 – point 8 a (new)


8a. ´Billing´ means a written statement of the money owed for goods or services and containing the minimum information defined in Annex II.1.

Or. en

Justification

It is important to distinguish between the bill and billing information, to simplify the current regulatory framework and to increase consumer satisfaction with bills

Amendment 162Pavel TeličkaProposal for a directiveArticle 2 – paragraph 1 – point 8 b (new)


8b. ´Billing information´ means information on consumer´s consumption for given period and the price of supplied electricity which may be stated on the electricity bill or provided to customer separately. For the purposes of this directive, separately providing consumer with billing information shall not be considered as a request for billing.

Or. en

Amendment 163Patrizia Toia

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9. ‘electricity supply contract’ means a contract for the supply of electricity, but does not include an electricity derivative;

9. ‘electricity supply contract’ means a contract for the supply of electricity, but does not include an electricity derivative. A fixed long term electricity supply contract’ is not considered a derivative.

Or. en

Justification

Electricity supply contract does not include a derivative but a fixed price contract should be considered an electricity supply contracts.

Amendment 164Pavel TeličkaProposal for a directiveArticle 2 – paragraph 1 – point 9 a (new)


9a. ´Electricity service providers´ is an undertaking active in commodity, technology and service electricity supply or aggregation.

Or. en

Amendment 165Miapetra Kumpula-NatriProposal for a directiveArticle 2 – paragraph 1 – point 11


11. ‘dynamic electricity price contract’ means an electricity supply contract between a supplier and a final customer that reflects the price at the spot market, including at the day ahead market at intervals at least equal to the market settlement frequency;

11. ‘dynamic electricity price contract’ means an electricity supply contract between a supplier and a final customer that reflects wholesale price volatility;

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Or. en

Justification

Dynamic pricing should refer to pricing models that pass on at least a part of the wholesale market volatility to end customers. This can be achieved not only through real time pricing but also with advanced forms of time-of-use and critical peak pricing. Therefore, the definition of dynamic pricing should be extended.




11. 'dynamic electricity price contract' means an electricity supply contract between a supplier and a final customer that reflects wholesale price volatility.

Or. en

Justification

Dynamic pricing refers to retail electricity prices that pass through at least part of the wholesale price volatility to final end users. This can be achieved not only through real time pricing but also with advanced forms of time-of-use and critical peak pricing. Therefore, the definition of dynamic pricing should be extended.

Amendment 167Massimiliano SaliniProposal for a directiveArticle 2 – paragraph 1 – point 11


11. ‘dynamic electricity price contract’ means an electricity supply contract between a supplier and a final customer that reflects the price at the spot market, including at the day ahead market at intervals at least equal to the market

11. ‘dynamic electricity price contract’ means an electricity supply contract between a supplier and a final customer that reflects the price at the spot market, including time-of-use tariffs or tariffs reflecting the day ahead market at intervals

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settlement frequency; at most equal to the market settlement frequency;

Or. en




11. ‘dynamic electricity price contract’ means an electricity supply contract between a supplier and a final customer that incentivizes the customer to react to short term price signals that reflect the balance between demand and supply on the market;

Or. en

Amendment 169Massimiliano SaliniProposal for a directiveArticle 2 – paragraph 1 – point 12 a (new)


12a. `Bill` means a mandatory accounting and tax document establishing an amount of money for the delivery of goods or services, and containing the mandatory information defined in Annex II.1 and 5).

Or. en

Amendment 170Massimiliano SaliniProposal for a directiveArticle 2 – paragraph 1 – point 12 b (new)


12b. 'Billing information' means

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separate additional information about consumers’ consumption and rights as defined in Annex II.2.

Or. en



14. ‘aggregator’ means a market participant that combines multiple customer loads or generated electricity for sale, for purchase or auction in any organised energy market;

14. ‘aggregator’ means a market participant that combines multiple customer loads or generated electricity for sale, for purchase or auction in any organised energy market, ancillary services market, capacity mechanisms, wholesale energy markets and local energy communities;

Or. en

Amendment 172Dario Tamburrano, David Borrelli, Piernicola PediciniProposal for a directiveArticle 2 – paragraph 1 – point 14



14. ‘aggregator’ means a market participant that combines multiple customer loads or generated electricity for sale, for purchase or auction in any organised energy market, ancillary services market, capacity mechanism, wholesale energy markets and local energy communities;

Or. en

Amendment 173Paul Rübig

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14. ‘aggregator’ means a market participant that combines multiple customer loads or generated electricity for sale, for purchase or auction in any organised energy market and competes on a level-playing field;

Or. en

Justification

While new market participants and business models are welcome in the European Energy Market, transparent and fair competition rules must equally apply.



15. 'independent aggregator' means an aggregator that is not affiliated to a supplier or any other market participant;

deleted

Or. en

Justification

The definition “aggregator” already includes this sub-group “independent aggregator”. This definition is redundant.



15. 'independent aggregator' means an aggregator that is not affiliated to a

deleted

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supplier or any other market participant;

Or. en

Amendment 176Kaja Kallas, Angelika Mlinar, Fredrick Federley, Morten Helveg Petersen, Carolina PunsetProposal for a directiveArticle 2 – paragraph 1 – point 15



15. 'independent aggregator' means an aggregator that is not affiliated to the supplier of its customer or any other market participant;

Or. en




15. 'independent aggregator' means an aggregator that is not affiliated to the supplier of the customer.

Or. en

Justification

Aggregation can be performed by a customer's supplier, an independent aggregator, yet, is not integrated with the customer's supplier. A separate supplier could however work with a customer to provide aggregation, and this would be independent, because aggregation and supply would be performed separately.

Amendment 178Kathleen Van BremptProposal for a directiveArticle 2 – paragraph 1 – point 18

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18. ‘smart metering system’ means an electronic system that can measure energy consumption, providing more information than a conventional meter, and can transmit and receive data for information, monitoring and control purposes, using a form of electronic communication;

18. ‘smart metering system’ means an electronic system that can measure energy consumption, production and injection in near-real time, providing more information than a conventional meter, and can transmit and receive data for information, monitoring and control purposes, using a form of electronic communication;

Or. en

Amendment 179Martina Werner, Peter Kouroumbashev, Flavio Zanonato, Jeppe Kofod, Carlos Zorrinho, Theresa Griffin, Miapetra Kumpula-Natri, Edouard Martin, Soledad Cabezón Ruiz, José Blanco LópezProposal for a directiveArticle 2 – paragraph 1 – point 18


18. ‘smart metering system’ means an electronic system that can measure energy consumption, providing more information than a conventional meter, and can transmit and receive data for information, monitoring and control purposes, using a form of electronic communication;

18. ‘smart metering system’ means an electronic system that can measure energy consumption in near-real time, providing more information than a conventional meter, and can transmit and receive data for information, monitoring and control purposes, using a form of electronic communication;

Or. en

Amendment 180Morten Helveg PetersenProposal for a directiveArticle 2 – paragraph 1 – point 19


19. ‘interoperability’ means, in the context of smart metering, the ability of two or more energy or communication networks, systems, devices, applications or components to interwork, to exchange and

19. ‘interoperability’ means, in the context of smart metering, the ability of two or more energy or communication networks, systems, devices, applications or components to interwork on the data

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use information in order to perform required functions;

model and application layer level, to exchange and use information in order to perform required functions;

Or. en



20. ‘near-real time’ means, in the context of smart metering, the time, usually down to seconds, that elapses between data recording and their automated processing and transmission for use or information purposes;

deleted

Or. en



20. ‘near-real time’ means, in the context of smart metering, the time, usually down to seconds, that elapses between data recording and their automated processing and transmission for use or information purposes;

20. ‘near-real time’ means, in the context of smart metering, the time, usually down to seconds, that elapses between data recording and their automated processing and transmission, e.g. to an external display, for use or information purposes;

Or. en



20. ‘near-real time’ means, in the 20. ‘near-real time’ means, in the

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context of smart metering, the time, usually down to seconds, that elapses between data recording and their automated processing and transmission for use or information purposes;

context of smart metering, the time, that elapses between data recording and their automated processing and transmission for use or information purposes;

Or. en



21. ‘best available techniques’ means, in the context of data protection and security in a smart metering environment, the most effective and advanced stage in the development of activities and their methods of operation, which indicates the practical suitability of particular techniques, designed to prevent or mitigate risks on privacy, personal data and security, for providing in principle the basis for complying with the Union data protection framework;

21. ‘best available techniques’ means, in the context of data protection and security in a smart metering environment, the most effective and advanced stage in the development of activities and their methods of operation, which indicates the practical suitability of particular techniques, designed to prevent or mitigate risks on privacy, personal data and security, for providing in principle the basis for complying with the Union data protection framework. A cost-benefit analysis should always be performed when selecting the best available techniques;

Or. en



24. ‘energy efficiency' means the ratio of output of performance, service, goods or energy, to input of energy ;

24. ‘energy efficiency /demand-side management’ means a global or integrated approach aimed at influencing the amount and timing of electricity consumption in order to reduce primary energy consumption and peak loads by

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giving precedence to investments in energy efficiency measures, or other measures, such as interruptible supply contracts, over investments to increase generation capacity, if the former are the most effective and economical option, taking into account the positive environmental impact of reduced energy consumption and the security of supply and distribution cost aspects related to it;

Or. en



25. ‘ energy from renewable sources’ means energy from renewable non-fossil sources , in particular wind, solar (solar thermal and solar photovoltaic) , geothermal energy, ambient heat, hydropower and tide, ocean , wave energy , and combustible renewables: biofuels, bioliquids, biogas, solid biofuels and combustible wastes of renewable origin , ;

25. ‘ energy from renewable sources’ means energy from renewable non-fossil sources , namely wind, solar (solar thermal and solar photovoltaic) , geothermal energy, ambient heat, tide, wave;

Or. en

Amendment 187Jerzy Buzek, Janusz Lewandowski, Marian-Jean MarinescuProposal for a directiveArticle 2 – paragraph 1 – point 25


25. ‘ energy from renewable sources’ means energy from renewable non-fossil sources , in particular wind, solar (solar thermal and solar photovoltaic) , geothermal energy, ambient heat, hydropower and tide, ocean , wave energy , and combustible renewables:

25. ‘energy from renewable sources’ means energy from renewable non-fossil sources, namely wind, solar (solar thermal and solar-photovoltaic) and geothermal energy, ambient heat, tide, wave and other ocean energy, hydropower, biomass, landfill gas, sewage treatment plant gas

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biofuels, bioliquids, biogas, solid biofuels and combustible wastes of renewable origin , ;

and biogases;

Or. en

Justification

The aim of this amendment is to align the definition of the "energy from renewable sources" in this directive with the definition in Article 2 (a) of the RES Directive proposal.



25. ‘ energy from renewable sources’ means energy from renewable non-fossil sources , in particular wind, solar (solar thermal and solar photovoltaic) , geothermal energy, ambient heat, hydropower and tide, ocean , wave energy, and combustible renewables: biofuels, bioliquids, biogas, solid biofuels and combustible wastes of renewable origin , ;

25. ‘ energy from renewable sources’ means energy from renewable non-fossil sources , namely wind, solar (solar thermal and solar photovoltaic) and geothermal energy, ambient heat, tide, wave and other ocean energy, hydropower, biomass, landfill gas, sewage treatment plant gas and biogases;

Or. en

Justification

We suggest to adopt the definition from the RED directive.

Amendment 189Patrizia ToiaProposal for a directiveArticle 2 – paragraph 1 – point 25


25. ‘ energy from renewable sources’ means energy from renewable non-fossil sources , in particular wind, solar (solar thermal and solar photovoltaic) , geothermal energy, ambient heat,

25. ‘ energy from renewable sources’ means energy from renewable non-fossil sources , in particular wind, solar (solar thermal and solar photovoltaic) , geothermal energy, ambient heat,

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hydropower and tide, ocean , wave energy , and combustible renewables: biofuels, bioliquids, biogas, solid biofuels and combustible wastes of renewable origin , ;

hydropower and tide, ocean , wave energy , and combustible renewables: biofuels, bioliquids, biogas, solid biofuels and combustible wastes of renewable origin and energy stored in batteries for a transitory period of time;

Or. en

Justification

Storage from renewables should be consider renewables. In order to incentivize hybrid renewable and storage solutions, renewable energy stored in batteries for a transitory period of time is considered “renewable” and does not lose its renewable GOs.

Amendment 190Hans-Olaf HenkelProposal for a directiveArticle 2 – paragraph 1 – point 25 a (new)


25a. green hydrogen means hydrogen generated from water using electricity or waste heat via electrolysis. The end product must be considered as 100% renewable irrespective of whether the electricity is taken from the grid or from an installation generating renewable electricity.

Or. en



26. ‘distributed generation’ means generation plants connected to the distribution system;

26. ‘green hydrogen’ means hydrogen generated from water using electricity or waste heat via electrolysis. The end product (e.g. hydrogen) must be considered 100% renewable irrespective of whether the electricity is taken from the

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grid or from an installation generating renewable electricity.

Or. en

Justification


Amendment 192Claude Turmeson behalf of the Verts/ALE GroupProposal for a directiveArticle 2 – paragraph 1 – point 26 a (new)


26a. Community network’ means either a virtual distribution system that operates through the general distribution system, or a closed distribution system that can operate independently from the general distribution system. The community network primarily distributes electricity to household customers, and incidentally to non-household customers, including particular small commercial consumers or shared services sites, within a geographically confined area, and has the potential to feed excess electricity into the general distribution network, or absorb excess electricity from the general distribution network in order to reinforce reliable and affordable local energy security.

Or. en

Justification

A definition of ‘community networks’ is necessary to provide clarity over what is meant in provisions of Article 16 on LECs and their activities, as well as resulting rights and responsibilities, of owning, establishing, or leasing community networks.

Amendment 193Pilar del Castillo Vera, Pilar Ayuso, Francesc Gambús

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33. 'interconnector' means a transmission line which crosses or spans a border between bidding zones, between Member States or, up to the border of EU jurisdiction, between Member States and third countries ;

33. 'interconnector' means the equipment used to link electricity systems;

Or. en



38. 'non-frequency ancillary service' means a service used by a transmission or distribution system operator for steady state voltage control, fast reactive current injections, inertia and black start capability;

38. 'non-frequency ancillary service' means a service used by a transmission or distribution system operator for steady state voltage control, fast reactive current injections, inertia for local grid stability, short-circuit current, and black start capability and island operation capability.

Or. en




38. 'non-frequency ancillary service' means a service used by a transmission or distribution system operator for steady state voltage control, fast reactive current injections, inertia for local grid stability, short-circuit current, black start capability and island operation capability.

Or. en

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38. 'non-frequency ancillary service' means a service used by a transmission or distribution system operator for steady state voltage control, fast reactive current injections, inertia for local grid stability, short-circuit current and black start capability;

Or. en

Justification

Inertia is linked with the frequency of the system because it prevents a decrease or increase in frequency immediately after a failure, before primary control takes effect. This term needs to be clarified. The definition should include the option for DSOs to buy inertia and also short-circuit current, which is critical currently provided exclusively by synchronous sources. Developing RES, the contribution of short-circuit power in the electrical grid becomes vital for mitigating the damage caused by any failure through enabling the proper functioning of protection elements.




38. 'non-frequency ancillary service' means a service used by a transmission or distribution system operator for steady state voltage control, fast reactive current injections, inertia for local grid stability, short-circuit current and black start capability;

Or. en

Amendment 198Zdzisław Krasnodębski, Edward Czesak

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39. 'regional operational centre' means the regional operational centre as defined in Article 32 of the [recast of Regulation 714/2009 as proposed by COM(2016)861/2].

39. 'regional security coordinator' means the regional security coordinator as defined in Article 32 of the [recast of Regulation 714/2009 as proposed by COM(2016)861/2].

Or. en

Amendment 199Martina Werner, Peter Kouroumbashev, Flavio Zanonato, Carlos Zorrinho, Theresa Griffin, Miapetra Kumpula-Natri, Edouard Martin, Dan Nica, Soledad Cabezón Ruiz, José Blanco LópezProposal for a directiveArticle 2 – paragraph 1 – point 39



39. 'regional coordination centre' means the regional coordination centre as defined in Article 32 of the [recast of Regulation 714/2009 as proposed by COM(2016)861/2].

(This amendment applies throughout the text adopting it will necessite changes throughout.)

Or. en

Amendment 200Jerzy Buzek, Janusz Lewandowski, Marian-Jean MarinescuProposal for a directiveArticle 2 – paragraph 1 – point 39



39. 'regional security coordinator' means the regional security coordinator as defined in the System Operation Guideline Regulation

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Or. en

Justification

The aim of this amendment is to adjust the regional operational centres to the already adopted System Operation Guideline Regulation. This definition should be applied throughout the entire text of this directive.

Amendment 201Eva KailiProposal for a directiveArticle 2 – paragraph 1 – point 47


47. 'energy storage' means, in the electricity system, deferring an amount of the electricity that was generated to the moment of use, either as final energy or converted into another energy carrier.

47. 'energy storage' means, in the electricity system, deferring an amount of electricity, over an amount of time, from the moment of generation to the moment of use, either as final energy or converted into another energy carrier. ‘Energy storage’ is able to offer multiple services to energy markets at the same time, using the same or multiple unit(s).

Or. en

Amendment 202Martina Werner, Peter Kouroumbashev, Jeppe Kofod, Carlos Zorrinho, Theresa Griffin, Miapetra Kumpula-Natri, Miroslav Poche, Edouard Martin, Dan Nica, Soledad Cabezón Ruiz, José Blanco LópezProposal for a directiveArticle 2 – paragraph 1 – point 47



47. 'energy storage' means, in the electricity system, the conversion of electrical energy into a form of energy which can be stored, the storing of that energy, and the subsequent reconversion of that energy back into electrical energy or another energy carrier.

Or. en

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47. 'energy storage' means, in the electricity system, deferring an amount of the electricity, over an amount of time, from the moment of generation to the moment of use, either as final energy or converted into another energy carrier.

Or. en




47. 'energy storage' means, in the electricity system, deferring an amount of the electricity that was generated to the moment of use.

Or. en





Or. en

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Justification

The definition does not specify the reverse transformation of the accumulated electricity. The definition of energy storage is only for purposes of this directive and should not cover e.g. water heaters or batteries in the substations.





Or. en

Justification

The definition does not specify the reverse transformation of the accumulated electricity. The definition of energy storage is only for purposes of this directive and should not cover e.g. water heaters or batteries.

Amendment 207Fredrick FederleyProposal for a directiveArticle 2 – paragraph 1 – point 47



47. 'energy storage' means, in the electricity system, deferring an amount of the electricity that was produced to the moment of use, either as final energy or converted into another energy carrier.

Or. en

Amendment 208Zdzisław Krasnodębski, Edward CzesakProposal for a directiveArticle 2 – paragraph 1 – point 47 a (new)

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47a. 'long-term planning' means the planning of the need for investment in generation and transmission and distribution capacity on a long-term basis, with a view to meeting the demand of the system for electricity and securing supplies to customers;

Or. en

Amendment 209Evžen TošenovskýProposal for a directiveArticle 2 – paragraph 1 – point 47 a (new)


47a. 'energy storage facility' means a facility connected to the electricity system allowing storage of electricity within relevant time framework and subsequently delivering it back to the electricity system.

Or. en

Amendment 210Jaromír KohlíčekProposal for a directiveArticle 2 – paragraph 1 – subparagraph 1 (new)


'billing' means a written statement of the money owed for goods or services and containing the minimum information defined in Annex II.1.

Or. en

Amendment 211Barbara Kappel

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Proposal for a directiveArticle 2 – paragraph 1 – point 47 a (new)


47a. 'billing' means a written statement of the money owed for goods or services and containing the minimum information defined in Annex II.1

Or. en

Amendment 212Miroslav Poche, Pavel PocProposal for a directiveArticle 2 – paragraph 1 – point 47 a (new)


47a. ‘electricity service provider’ is an undertaking active in electricity supply or aggregation.

Or. en

Justification

Definition of electricity service providers is needed to provide a level-playing field amongst different market players, especially when it concerns contractual rights and obligations towards customers.

Amendment 213Barbara KappelProposal for a directiveArticle 2 – paragraph 1 – subparagraph 1 (new)


'billing information' means separate additional information about consumers’ consumption and rights, as defined in Annex II.2 and II.5, and shall not constitute a request for payment.

Or. en

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Amendment 214Miroslav Poche, Pavel PocProposal for a directiveArticle 2 – paragraph 1 – point 47 b (new)


47b. ‘billing’ means a written statement of the money owed for goods or services and containing the minimum information as defined in Annex II.

Or. en

Justification

For sake of legislative clarity, there is a need to distinguish between billing and billing information.

Amendment 215Evžen TošenovskýProposal for a directiveArticle 2 – paragraph 1 – subparagraph 1 (new)


‘electricity service provider’ means an undertaking active in electricity supply or aggregation.

Or. en

Amendment 216Miroslav Poche, Pavel PocProposal for a directiveArticle 2 – paragraph 1 – point 47 c (new)


47c. ‘billing information’ means information on consumer´s consumption for the given period and the price of supplied electricity, which may be stated on the electricity bill or provided to customer separately. For the purposes of this directive, separately providing consumer with billing information shall

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not be considered as a request for billing.

Or. en

Justification

For sake of legislative clarity, there is a need to distinguish between billing and billing information.

Amendment 217Cornelia ErnstProposal for a directiveArticle 2 – paragraph 1 a (new)


'distributed energy resources' means energy resources including but not limited to energy storage, energy efficiency, electrical vehicles, distributed generation of electricity from renewable energy sources, community networks and demand response, which are provided to the electrical network, either behind the meter in the customer's premise, or to the distribution network.

Or. en

Justification

Self-consumption, demand response, storage, electrical vehicle charging infrastructures, and local energy communities, can provide a number of services, both to the system, the environment and society on a local level. These services, or benefits, should be quantified in setting both remuneration and grid tariffs for active customers. However, in order to be able to appropriately assess the costs and benefits of these technologies, national regulatory authorities and system operators need to be able to look at how different distributed energy resources, or DER, interact together, not just individually. To inform such an assessment, a definition of DER is needed.

Amendment 218Jaromír KohlíčekProposal for a directiveArticle 2 – paragraph 1 a (new)

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'billing information' means information on consumer's consumption for given period and prices of supplied electricity which may be stated on the electricity bill or provider to consumer separately. For the purposes of this directive, separately providing consumer with billing information shall not considered as a request for billing

Or. en

Amendment 219Evžen TošenovskýProposal for a directiveArticle 2 – paragraph 1 a (new)


50. (new) ‘billing’ means a written statement of the money owed for goods or services and containing the minimum information as defined in Annex II.

Or. en

Amendment 220Cornelia ErnstProposal for a directiveArticle 2 – paragraph 1 b (new)


'community network' means a virtual or closed distribution system that can operate through, or independently from, the general distribution system. The system primarily distributes electricity to household customers, and incidentally to non-household customers including in particular commercial consumers or shared services sites, within a geographically confined area, with the potential to feed excess electricity to the

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general distribution network, in order to ensure reliable and affordable local energy security.

Or. en

Justification

A definition of ‘community networks’ is necessary to provide clarity over what is meant in provisions of Article 16 on local energy communities and their activities, as well as resulting rights and responsibilities, of owning, establishing, or leasing community networks.

Amendment 221Evžen TošenovskýProposal for a directiveArticle 2 – paragraph 1 b (new)


'billing information' means information on consumer´s consumption for given period and the price of supplied electricity, which may be stated on the electricity bill or provided to the customer separately. For the purposes of this Directive, separately providing consumers with billing information shall not be considered a request for billing.

Or. en

Amendment 222Jaromír KohlíčekProposal for a directiveArticle 2 – paragraph 1 b (new)


50. 'electricity service providers' means a supplier of electricity or related services, such as services on demand-side response. For purposes of this Directive, this term includes suppliers, aggregators and local energy communities.

Or. en

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Amendment 223Cornelia Ernst, Neoklis SylikiotisProposal for a directiveArticle 2 – paragraph 1 c (new)


energy poverty means a household's inability to afford the necessary domestic energy services which guarantee decent human standard levels of comfort and health, as such costs represent a significant proportion of disposable income.

Or. en

Amendment 224Jaromír KohlíčekProposal for a directiveArticle 2 – paragraph 1 c (new)


'energy storage facility' is a facility connected to the electricity system allowing storage of electricity within relevant time framework and subsequently delivering it back to the electricity system.

Or. en



1. Member States shall ensure that their national legislation does not unduly hamper cross-border flows of electricity, consumer participation including through demand–side response, investments into flexible energy generation, energy storage,

1. Member States shall ensure that their national legislation promotes a renewables ready market, does not unduly hamper cross-border flows of electricity, consumer participation including through demand–side response, investments into

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the deployment of electro-mobility or new interconnectors, and that electricity prices reflect actual demand and supply.

flexible energy generation, energy storage, the deployment of electro-mobility or new interconnectors, and that electricity prices reflect actual demand and supply and the full life cycle cost of the different generators.

Or. en

Amendment 226Pervenche BerèsProposal for a directiveArticle 3 – paragraph 1


1. Member States shall ensure that their national legislation does not unduly hamper cross-border flows of electricity, consumer participation including through demand–side response, investments into flexible energy generation, energy storage, the deployment of electro-mobility or new interconnectors, and that electricity prices reflect actual demand and supply.

1. Member States shall ensure that their national legislation does not unduly hamper cross-border flows of electricity, consumer participation including through demand–side response, investments into flexible energy generation, energy storage, clean energy, for now and in the future, the deployment of electro-mobility or new interconnectors, and that electricity prices reflect actual demand and supply.

Or. en

Justification

The current market design should solve the investment challenge on the long term period, ensuring investors visibility.

Amendment 227Françoise GrossetêteProposal for a directiveArticle 3 – paragraph 1


1. Member States shall ensure that their national legislation does not unduly hamper cross-border flows of electricity, consumer participation including through demand–side response, investments into

1. Member States shall ensure that their national legislation does not unduly hamper cross-border flows of electricity, consumer participation including through demand–side response, long-term

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flexible energy generation, energy storage, the deployment of electro-mobility or new interconnectors, and that electricity prices reflect actual demand and supply.

investments into flexible and low carbon energy generation, energy storage, the deployment of electro-mobility or new interconnectors, and that electricity prices reflect actual demand and supply.

Or. en

Amendment 228Patrizia ToiaProposal for a directiveArticle 3 – paragraph 1



1. Member States shall ensure that their national legislation does not unduly hamper cross-border flows of electricity, consumer participation including through demand–side response, aggregators, investments into flexible energy generation, energy storage, the deployment of electro-mobility or new interconnectors, and that electricity prices reflect actual demand and supply.

Or. en

Justification

It is important to include also aggregators

Amendment 229Zdzisław Krasnodębski, Edward Czesak, Hans-Olaf HenkelProposal for a directiveArticle 3 – paragraph 1


1. Member States shall ensure that their national legislation does not unduly hamper cross-border flows of electricity, consumer participation including through demand–side response, investments into flexible energy generation, energy storage, the deployment of electro-mobility or new

1. Member States shall ensure that their national legislation does not unduly hamper cross-border trade of electricity, consumer participation including through demand–side response, investments into flexible energy generation, energy storage, the deployment of electro-mobility or new

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interconnectors, and that electricity prices reflect actual demand and supply.

interconnectors, and that wholesale electricity prices reflect actual demand and supply.

Or. en

Amendment 230Miroslav Poche, Pavel PocProposal for a directiveArticle 3 – paragraph 1



1. Member States shall ensure that their national legislation does not unduly hamper cross-border transactions of electricity, consumer participation including through demand–side response, investments into flexible energy generation, energy storage, the deployment of electro-mobility or new interconnectors, and that electricity prices reflect actual demand and supply.

Or. en

Justification

There is a need to distinguish between cross-border flows and transactions of electricity, cross-border flows encounter unscheduled loop-flows as well. Those may negatively impact cross-border trade as well as security of electricity supply.

Amendment 231Jaromír KohlíčekProposal for a directiveArticle 3 – paragraph 1


1. Member States shall ensure that their national legislation does not unduly hamper cross-border flows of electricity, consumer participation including through demand–side response, investments into flexible energy generation, energy storage, the deployment of electro-mobility or new

1. Member States shall ensure that their national legislation does not unduly hamper cross-border transactions of electricity, consumer participation including through demand–side response, investments into flexible energy generation, energy storage, the deployment

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interconnectors, and that electricity prices reflect actual demand and supply.

of electro-mobility or new interconnectors, and that electricity prices reflect actual demand and supply.

Or. en

Justification

There is a need to distinguish between cross-border electricity transactions (flow which have origin in the electricity market) and electricity flows, which may occur even without transaction (i.e. unplanned loop-flows).

Amendment 232Evžen TošenovskýProposal for a directiveArticle 3 – paragraph 1



1. Member States shall ensure that their national legislation does not unduly hamper cross-border transactions of electricity, consumer participation including through demand–side response, investments into flexible energy generation, energy storage, the deployment of electro-mobility or new interconnectors, and that electricity prices reflect actual demand and supply.

Or. en

Amendment 233Hans-Olaf HenkelProposal for a directiveArticle 3 – paragraph 1 a (new)


1a. Member States shall install funding mechanisms that secure investments in sector coupling technologies such as power to gas in order to exploit the full flexibility potential and provide additional long-term and large-scale electricity storage capacity via the

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natural gas grid infrastructure.

Or. en

Amendment 234Luděk NiedermayerProposal for a directiveArticle 3 – paragraph 1 a (new)


1a. Member States shall ensure that their national legislation ensure for equal level-playing field and does not discriminate against market participants.

Or. en

Justification

Equal level-playing field would allow for market integration of renewable energy and fair participation of all subjects on the electricity market.



2. Members States shall ensure that no undue barriers exist for market entry and market exit of electricity generation and electricity supply undertakings.

2. Members States shall install funding mechanisms that secure investment in sector coupling technologies such as power to gas in order to exploit the full flexibility potential and provide additional long-term and large-scale electricity storage capacity via natural gas grid infrastructure. In this context, Member States shall introduce a technology-neutral support scheme for the remuneration of innovative technologies that ensure system-friendly, continuous energy generation (i.e. combinations of renewable energy sources as well as energy technologies for energy storage, flexibility, and grid

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stability). Apart from cost-efficiency parameters, the configuration of such funding schemes shall account for a technology´s potential for innovation and sector coupling as a crucial instrument for effective, cross-sectoral decarbonisation.

Or. en

Amendment 236Kaja Kallas, Angelika Mlinar, Fredrick Federley, Morten Helveg Petersen, Carolina Punset, Pavel Telička, Gerben-Jan GerbrandyProposal for a directiveArticle 3 – paragraph 2


2. Members States shall ensure that no undue barriers exist for market entry and market exit of electricity generation and electricity supply undertakings.

2. Members States shall ensure that no undue barriers exist for market entry and market exit of electricity generation, energy storage, demand-response and electricity supply undertakings.

Or. en

Amendment 237Claude Turmeson behalf of the Verts/ALE GroupProposal for a directiveArticle 3 – paragraph 2 a (new)


2a. In view of ensuring fair and undistorted competition, implementing the polluter-pays principle and avoiding imposing undue burdens on future generations, operators of lignite and coal energy installations participating in the internal energy market shall meet the following requirements by [OP: two years after the entry into force]:

a) operators shall setup a segregated just transition fund with appropriate external control and transparent management financed by direct contributions from the

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revenues obtained from their activities during the designed lifetime, in order to

- assume full financial responsibility for the decommissioning of the installations they operate, as well as the reconversion of generation and mining sites, including re-cultivation, remediation and re-establishment of ground water levels;

- establish an inclusive governance process at local level to ensure a fair transition strategies, including employment and growth perspectives towards a sustainable regional economy;

b) operators shall not be allowed to reduce their liability in case of company restructuring;

c) operators shall be covered by full insurance obligation for civil liability for damages caused by the installations they operate.

Or. en

Justification

All participants to the internal electricity market should bear the costs they are causing through their operations. Coal and lignite mining regions are faced with multiple challenges linked to the transition brought about by political decisions, economic and climate realities and citizens aspirations. Costs related to the operations, externalities and closure of coal and lignite activities cannot be borne by society as a whole, as customers are paying already through their energy bills. Notably, financing operators liabilities, insurances or decommissioning would be unfair treatment towards other energy generators, who have the responsibility to bear the costs of their operations themselves and whose operations cause only limited externalities

Amendment 238Pilar del Castillo Vera, Pilar Ayuso, Francesc GambúsProposal for a directiveArticle 3 – paragraph 2 a (new)


2a. In application of the provisions of paragraph 2, Member States may adopt a transparent, objective and non-discriminatory authorization procedure

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for the closure of generation plants. The authorization for the closure of generation plants may be denied if the closure of the plant can endanger: a) the security of supply at national level; b) compliance with national contributions set out in national energy and climate plans; or c) effective competition and price formation in the market. Under any of these circumstances, Member States may require the owner of the installation to launch a competitive tendering procedure for the transfer of the plant.

Or. en

Amendment 239Carolina Punset, Gerben-Jan GerbrandyProposal for a directiveArticle 3 – paragraph 2 a (new)


2a. Each Member State shall ensure that its level of electricity interconnection is equivalent to at least 10% of their installed production capacity by 2020, with a view to reaching a more ambitious level by 2030. In order to achieve these levels, Member States, regulatory authorities and transmission system operators shall cooperate with each other towards the creation of a fully interconnected internal market integrating isolated systems forming electricity islands.

Or. en

Justification

Cooperation, sharing of energy resources and mutual assistance in the event of energy crisis is the most effective way to achieve a truly efficient, secure and competitive Internal Electricity Market. To account for a growing number of disruption risks related to the high volume of intermittent renewable energy sources in the system, mutual support between Member States becomes critical. In this context, the adequacy of the network infrastructure, and notably interconnections is imperative to deliver tangible benefits for citizens, jobs,

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growth and investments.

Amendment 240Miroslav Poche, Pavel PocProposal for a directiveArticle 3 – paragraph 2 a (new)


2a. Member States shall strive to create equal level-playing field for all market participants and hinder discrimination.

Or. en

Justification

Principle of non-discrimination amongst market players shall be duly acknowledged in the Directive.

Amendment 241Zdzisław Krasnodębski, Edward CzesakProposal for a directiveArticle 3 – paragraph 2 a (new)


2a. Member States shall strive to create a level playing field for all market participants and prevent discrimination.

Or. en

Amendment 242Claude Turmeson behalf of the Verts/ALE GroupJeppe Kofod, Kathleen Van Brempt, Gerben-Jan Gerbrandy, Cornelia Ernst, Reinhard Bütikofer, Yannick Jadot, Michèle Rivasi, Davor Škrlec, Benedek Jávor, Jakop Dalunde, Rebecca Harms, Eugen Freund, Dario Tamburrano, Martina WernerProposal for a directiveArticle 3 – paragraph 2 b (new)

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2b. Removal of obstacles to fair competition in the internal energy market

In view of ensuring fair and undistorted competition, implementing the polluter-pays principle and avoiding imposing undue burdens on future generations, operators of nuclear energy installations participating in the internal energy market shall meet the following requirements by [OP: two years after the entry into force]:

a) set up a segregated fund with appropriate external control and transparent management financed by direct contributions from the revenues obtained from their nuclear activities during the designed lifetime, in order to assume full financial responsibility for the decommissioning of nuclear installations they operate as well as for the management until final storage of spent fuel and radioactive waste generated by installations they operate; nuclear operators shall not be allowed to reduce their liability in case of company restructuring;

b) comply with the obligations set out in Council Directive2011/70/Euratom of 19 July 2011, in particular by contributing to the national financing schemes for spent fuel and radioactive waste management as appropriate;

c) be covered by full insurance obligation for civil liability for nuclear damages caused by the nuclear energy installations they operate.

Or. en

Justification

In the Interinstitutional Statement with regard to decommissioning and waste management activities, attached to Directive 2003/54/EC of 26 June 2003, the European Parliament, the

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Council and the Commission underlined “the need for Member States to ensure that adequate financial resources for decommissioning and waste management activities, which are audited in Member States, are actually available for the purpose for which they have been established and are managed in a transparent way, thus avoiding obstacles to fair competition in the energy market". Following the Statement, the Commission adopted Recommendation of 24 October 2006 on the management of financial resources for the decommissioning of nuclear installations, spent fuel and radioactive waste and Council Directive 2011/70/Euratom. Full implementation of these instruments is necessary in view of ensuring the undistorted functioning of the internal energy market. Furthermore, a harmonised regime for civil liability deriving from nuclear accidents is necessary and exceptions to the polluter pays principle are no longer justified.

Amendment 243Claude Turmeson behalf of the Verts/ALE GroupKathleen Van Brempt, Cornelia Ernst, Gerben-Jan Gerbrandy, Jeppe Kofod, Eugen Freund, Michèle Rivasi, Davor Škrlec, Benedek Jávor, Jakop Dalunde, Rebecca Harms, Yannick Jadot, Reinhard Bütikofer, Dario Tamburrano, Martina WernerProposal for a directiveArticle 3 – paragraph 2 c (new)


2c. By [OP: two years after the entry into force] the Commission shall submit a report to the Parliament and to the Council on existing distortions of competition in the internal market linked to national regimes on decommissioning of commercial nuclear installations, spent fuel and radioactive waste management and insurance for civil liability for nuclear damages. The report shall provide for appropriate measures to remove such distortions, including legislative proposals under the relevant Euratom Treaty provisions, to achieve the internalisation of external costs deriving from the operation of commercial nuclear energy installations.

Or. en

Justification

In the Interinstitutional Statement with regard to decommissioning and waste management activities, attached to Directive 2003/54/EC of 26 June 2003, the European Parliament, the

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Council and the Commission underlined “the need for Member States to ensure that adequate financial resources for decommissioning and waste management activities, which are audited in Member States, are actually available for the purpose for which they have been established and are managed in a transparent way, thus avoiding obstacles to fair competition in the energy market". Following the Statement, the Commission adopted Recommendation of 24 October 2006 on the management of financial resources for the decommissioning of nuclear installations, spent fuel and radioactive waste and Council Directive 2011/70/Euratom. Full implementation of these instruments is necessary in view of ensuring the undistorted functioning of the internal energy market. Furthermore, a harmonised regime for civil liability deriving from nuclear accidents is necessary and exceptions to the polluter pays principle are no longer justified.

Amendment 244Paul RübigProposal for a directiveArticle 3 a (new)


Article 3 a

Ensuring fair and undistorted competition

In order to ensure fair and undistorted competition, implementing the polluter-pays principle and avoiding imposing excessive burdens on future generations, Member States shall ensure that, by [OP: two years after implementation], operators of nuclear energy installations participating in the internal market meet the following requirements:

(a) set up a segregated fund with appropriate external control and transparent management, financed by contributions from the revenues obtained from their nuclear activities during the designed lifetime, in order to assume full financial responsibility for the decommissioning of the nuclear energy installations they operate as well as for the organisation of final storage of spent fuel and radioactive waste generated by the operation of their nuclear energy installations; operators of nuclear energy installations shall not be allowed to evade their liability through company restructuring;

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(b) comply with the obligations set out in Council Directive 2011/70/Euratom of 19 July 2011, with particular regard to making corresponding contributions to national financing schemes for spent fuel and radioactive waste;

(c) be covered by a full insurance obligation and bear responsibility to society for nuclear damages caused by the nuclear energy installations operated by the operators concerned.

Or. de

Justification

Im Statement hinsichtlich der Stilllegung von Kernenergieanlagen sowie Organisation der Endlagerung verbrauchter Kraftstoffe, beigefügt an die Richtlinie 2003/54/EC vom 26. Juni 2003, das Europäische Parlament, der Rat und die Kommission betonen, dass es nötig ist, dass Betreiber von Kernenergieanlagen finanzielle Ressourcen für die Stilllegung der von ihnen betriebenen Kernenergieanlagen sowie Organisation der Endlagerung verbrauchter Kraftstoffe und radioaktiven Abfalls verfügen, welche von den Mitgliedstaaten geprüft und transparent verwaltet werden und verfügbar sind für den Zweck, für den sie etabliert wurden, ergo nicht den fairen Wettbewerb am Energiemarkt verhindern“. Nach diesem Statement hat die Kommission die Empfehlung vom 24. Oktober 2006 bezüglich der finanziellen Verantwortung für die Stilllegung von Kernenergieanlagen sowie Organisation der Endlagerung verbrauchter Kraftstoffe und radioaktiven Abfalls und die Richtlinie des Rates 2011/70/Euratom adoptiert. Vollständige Implementierung dieser Maßnahmen ist nötig, um den Binnenmarkt nicht zu verzerren. Außerdem ist eine Verantwortung gegenüber der Gesellschaft nötig, und Ausnahmen des Verursacherprinzips sind nicht mehr begründet.

Amendment 245Evžen TošenovskýProposal for a directiveArticle 3 a (new)


Article 3 a

3. Member States shall ensure that their national legislation ensure for equal level-playing field and does not discriminate against market participants.

Or. en

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Amendment 246Jaromír KohlíčekProposal for a directiveArticle 3 a (new)


Article 3 a

Member States shall ensure that their national legislation ensure for equal level-playing field and does not discriminate against market participants.

Or. en

Justification

Equal level-playing field would allow for market integration of renewable energy and fair participation of all subjects on the electricity market.

Amendment 247Pervenche Berès, Edouard MartinProposal for a directiveArticle 3 a (new)


Article 3 a

Members States shall ensure that their national legislation provide proper incentives for long term investments in clean energy.

Or. en

Justification

The new market design should also focus on investment providing an efficient investment signal.

Amendment 248Paul RübigProposal for a directiveArticle 3 b (new)

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Article 3 b

Removal of obstacles to fair competition in the internal energy market

By [OP: two years after entry into force] the Commission shall submit a report to the Parliament and to the Council on existing distortions of competition in the internal market linked to national rules on the decommissioning of commercial nuclear installations, spent fuel and radioactive waste management and insurance for civil liability for nuclear damages. The report shall provide for appropriate measures to remove such distortions, including legislative proposals under the relevant Euratom Treaty provisions, to achieve the internalisation of external costs deriving from the operation of commercial nuclear energy installations.

Or. de

Justification

In der Interinstitutionellen Erklärung über die Stilllegung und die Abfallwirtschaft, die der Richtlinie 2003/54 / EG vom 26. Juni 2003 beigefügt ist, unterstrichen das Europäische Parlament, der Rat und die Kommission "die Notwendigkeit, dass die Mitgliedstaaten dafür sorgen, dass angemessene finanzielle Mittel für die Stilllegung geschaffen werden und Abfallwirtschaftsmaßnahmen, die in den Mitgliedstaaten geprüft werden, tatsächlich für den Zweck verfügbar sind, für den sie eingerichtet wurden und auf transparente Weise verwaltet werden, wodurch Hindernisse für einen fairen Wettbewerb auf dem Energiemarkt vermieden werden.“Im Anschluss an die Erklärung nahm die Kommission eine Empfehlung vom 24. Oktober 2006 über die Verwaltung der Finanzmittel für die Stilllegung von Kernkraftwerken, abgebrannten Brennelementen und radioaktiven Abfällen, sowie die Richtlinie 2011/70 / Euratom des Rates, an. Die vollständige Umsetzung dieser Instrumente ist notwendig, um das unverzerrte Funktionieren des Energie-Binnenmarktes zu gewährleisten. Darüber hinaus ist eine harmonisierte Regelung für zivilrechtliche Haftung aus nuklearen Unfällen erforderlich damit Ausnahmen vom Verursacherprinzip nicht mehr gerechtfertigt sind.

Amendment 249Martina Werner, Jeppe Kofod, Carlos Zorrinho, Theresa Griffin, Miapetra Kumpula-Natri, Miroslav Poche, Patrizia Toia, Soledad Cabezón Ruiz, José Blanco López

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Proposal for a directiveArticle 5 – paragraph 1


1. Electricity suppliers shall be free to determine the price at which they supply electricity to customers. Member States shall take appropriate actions to ensure effective competition between electricity suppliers.

1. Electricity suppliers shall be free to determine the price at which they supply electricity to customers. Member States shall take appropriate actions to ensure effective competition between electricity suppliers and address undue discrimination between energy customers, particularly those on pre-paid tariffs.

Or. en

Amendment 250Miroslav PocheProposal for a directiveArticle 5 – paragraph 1



1. Electricity suppliers shall be free to determine the price at which they supply electricity to customers. Member States shall take appropriate actions to ensure effective competition between electricity suppliers and to address undue discrimination between final customers.

Or. en

Justification

The amendment is proposed to enforce energy customer rights. The freedom to intervene in the retail market should not be limited to the promotion of competition. This does not drive delivery for all consumer groups equally. As shown in the past, it is often the more vulnerable consumers that suffer tariff discrimination. This risk is likely to be increased with the growth of more complex demand side tariffs.

Amendment 251Dario Tamburrano, David Borrelli, Piernicola PediciniProposal for a directiveArticle 5 – paragraph 1

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1. Electricity suppliers shall be free to determine the price at which they supply electricity to customers. Member States shall take appropriate actions to ensure effective competition between electricity suppliers and to address undue discrimination between final customers.

Or. en

Justification

As shown in the past, it is often the more vulnerable consumers that suffer tariff discrimination. This risk is likely to be increased with the growth of more complex demand side tariffs.




1. Electricity suppliers shall be free to determine the price at which they supply electricity to customers. Member States shall take appropriate actions to ensure effective competition between electricity suppliers and to address undue discrimination between final costumers.

Or. en

Amendment 253Claude Turmeson behalf of the Verts/ALE GroupProposal for a directiveArticle 5 – paragraph 1 a (new)


1a. If there is evidence of market abuse in the retail market, the respective

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National Regulatory Authority may introduce a cap on the margins and profits which suppliers take unduly on the electricity component of the retail price.

Or. en

Amendment 254Gunnar HökmarkProposal for a directiveArticle 5 – paragraph 2


2. Member States shall ensure the protection of energy poor or vulnerable customers in a targeted manner by other means than public interventions in the price-setting for the supply of electricity.

2. Member States may ensure the protection of economically vulnerable customers in a targeted manner by other means than public interventions in the price-setting for the supply of electricity. Any such measures shall be duly justified and shall not, beyond what is reasonably expected, impact negatively on the effective functioning of the retail market.

Or. en

Amendment 255Martina Werner, Flavio Zanonato, Carlos Zorrinho, Theresa Griffin, Miapetra Kumpula-Natri, Miroslav Poche, Eugen Freund, Patrizia Toia, Soledad Cabezón Ruiz, José Blanco LópezProposal for a directiveArticle 5 – paragraph 2



2. Member States shall ensure the protection of energy poor or vulnerable customers in a targeted manner by social policy or other policy measures, prioritisation of energy efficiency measures and other means than public interventions in the price-setting for the supply of electricity.

Or. en

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Amendment 256András Gyürk, György HölvényiProposal for a directiveArticle 5 – paragraph 2



2. Member States shall ensure the protection of energy poor or vulnerable customers.

Or. en

Amendment 257Cornelia Ernst, Neoklis SylikiotisProposal for a directiveArticle 5 – paragraph 2



2. Member States shall ensure the protection of domestic households and ensure right of equal access and affordable services.

Or. en




2. Member States shall ensure the protection of energy poor or vulnerable customers in a targeted manner by other means than public interventions in the price-setting for the supply of electricity or by social network tariffs. .

Or. en

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Justification

Clarification of the original text: interventions into price setting for electricity supply or distribution / transmission shall be avoided.

Amendment 259Evžen TošenovskýProposal for a directiveArticle 5 – paragraph 2



2. Member States shall ensure the protection of energy poor or vulnerable customers in a targeted manner by other means than public interventions in the price-setting for the supply of electricity or by social network tariffs.

Or. en

Amendment 260Luděk NiedermayerProposal for a directiveArticle 5 – paragraph 2



2. Member States shall ensure the protection of energy poor or vulnerable customers in a targeted manner by other means than public interventions in the price-setting for the supply of electricity or social network tariffs.

Or. en

Justification

Interventions into price setting for electricity supply or distribution/transmission shall be avoided.

Amendment 261Dario Tamburrano, David Borrelli, Piernicola PediciniProposal for a directiveArticle 5 – paragraph 2

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2. Member States shall ensure the protection of energy poor or vulnerable customers in a targeted manner as far as possible by other means than public interventions in the price-setting for the supply of electricity.

Or. en

Justification

Targeted price regulation with the aim of protecting energy poor or vulnerable consumers should be retained as a policy tool, as long as markets are not delivering competitive prices and other measures are not implemented to sufficiently protect energy poor or vulnerable consumers.

Amendment 262Zdzisław Krasnodębski, Edward CzesakProposal for a directiveArticle 5 – paragraph 2



2. Member States shall ensure the protection of energy poor or vulnerable customers in a targeted manner as well as by other means than public interventions in the price-setting for the supply of electricity.

Or. en



2. Member States shall ensure the protection of energy poor or vulnerable customers in a targeted manner by other means than public interventions in the

2. Member States shall ensure the protection of energy poor or vulnerable household customers in a targeted manner by other means than public interventions in

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price-setting for the supply of electricity. the price-setting for the supply of electricity.

Or. en

Amendment 264Dario Tamburrano, David Borrelli, Piernicola PediciniProposal for a directiveArticle 5 – paragraph 2 a (new)


2a. The setting of prices by public intervention shall take place or continue when there is evidence that markets are failing and other measures are not implemented to sufficiently protect energy poor or vulnerable customers. A public intervention in setting prices for vulnerable customers is always legitimate when the gap between wholesale and retail prices shows symptoms of a market distortion.

Or. en

Justification


Amendment 265Dario Tamburrano, David Borrelli, Piernicola PediciniProposal for a directiveArticle 5 – paragraph 2 b (new)


2b. Prices set by public intervention shall always reflect the trend of wholesale prices and be set at a level allowing an efficient supplier to make a reasonable level of return and shall not impede market entry.

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Or. en

Justification


Amendment 266Dario Tamburrano, David Borrelli, Piernicola PediciniProposal for a directiveArticle 5 – paragraph 2 c (new)


2c. Every two years the National Regulatory Authority shall evaluate the continued need for and effectiveness of interventions in 2b.

Or. en

Justification


Amendment 267Dario Tamburrano, David Borrelli, Piernicola PediciniProposal for a directiveArticle 5 – paragraph 2 d (new)


2d. Member States in coordination with National Regulatory Authorities shall ensure that household customers receive clear and timely information about market developments such as the phasing out of prices set by public intervention and the availability of and eligibility to access such prices.

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Or. en

Justification

Targeted price regulation with the aim of protecting energy poor or vulnerable consumers should be retained as a policy tool, as long as markets are not delivering competitive prices and other measures are not implemented to sufficiently protect energy poor or vulnerable consumers. Moreover, consumers are not often aware of the on-going transformation of the electricity system and they lack information about changes related to the energy market liberalization.

Amendment 268Dario Tamburrano, David Borrelli, Piernicola PediciniProposal for a directiveArticle 5 – paragraph 2 e (new)


2e. Member States shall define the concept of vulnerable customers as referred in Article 28 and set rules for protection of customers who are indebted including the prohibition of disconnection of electricity to such customers in critical times.

Or. en

Amendment 269Gunnar HökmarkProposal for a directiveArticle 5 – paragraph 3


3. By way of derogation from paragraphs 1 and 2, Member States which apply public interventions in price setting for the supply of electricity for energy poor or vulnerable household customers at the [OP: please insert the date of entry into force of this Directive] may continue to apply such public interventions until [OP: insert the date – five years from the entry into force of this Directive]. Such public interventions shall pursue a general economic interest, be clearly

deleted

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defined, transparent, non-discriminatory, verifiable and guarantee equal access for Union electricity companies to customers. The interventions shall not go beyond what is necessary to achieve the general economic interest which they pursue, be limited in time and proportionate as regards their beneficiaries.

Or. en

Amendment 270Kaja Kallas, Morten Helveg Petersen, Pavel TeličkaProposal for a directiveArticle 5 – paragraph 3


3. By way of derogation from paragraphs 1 and 2, Member States which apply public interventions in price setting for the supply of electricity for energy poor or vulnerable household customers at the [OP: please insert the date of entry into force of this Directive] may continue to apply such public interventions until [OP: insert the date – five years from the entry into force of this Directive]. Such public interventions shall pursue a general economic interest, be clearly defined, transparent, non-discriminatory, verifiable and guarantee equal access for Union electricity companies to customers. The interventions shall not go beyond what is necessary to achieve the general economic interest which they pursue, be limited in time and proportionate as regards their beneficiaries.

deleted

Or. en

Amendment 271Cornelia Ernst, Neoklis SylikiotisProposal for a directiveArticle 5 – paragraph 3

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3. Member States may apply public interventions in price setting for the supply of electricity for domestic households in order to ensure affordability. Such public interventions shall pursue a public interest, be clearly defined, transparent, non-discriminatory, verifiable and guarantee equal access for Union electricity companies to customers.

Or. en

Amendment 272Martina Werner, Flavio Zanonato, Carlos Zorrinho, Miroslav PocheProposal for a directiveArticle 5 – paragraph 3


3. By way of derogation from paragraphs 1 and 2, Member States which apply public interventions in price setting for the supply of electricity for energy poor or vulnerable household customers at the [OP: please insert the date of entry into force of this Directive] may continue to apply such public interventions until [OP: insert the date – five years from the entry into force of this Directive]. Such public interventions shall pursue a general economic interest, be clearly defined, transparent, non-discriminatory, verifiable and guarantee equal access for Union electricity companies to customers.

3. By way of derogation from paragraphs 1 and 2, Member States which apply public interventions in price setting for the supply of electricity for energy poor or vulnerable household customers at the [OP: please insert the date of entry into force of this Directive] may continue to apply such public interventions until [OP: insert the date – two years from the entry into force of this Directive].

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The interventions shall not go beyond what is necessary to achieve the general economic interest which they pursue, be limited in time and proportionate as regards their beneficiaries.

Or. en




3. By way of derogation from paragraphs 1 and 2, Member States which apply public interventions in price setting for the supply of electricity for household customers at the [OP: please insert the date of entry into force of this Directive] may continue to apply such public interventions. Such public interventions shall pursue a general economic interest, be clearly defined, transparent, non-discriminatory, verifiable and guarantee equal access for Union electricity companies to customers. The interventions shall not go beyond what is necessary to achieve the general economic interest which they pursue.

Or. en

Amendment 274Kathleen Van BremptProposal for a directiveArticle 5 – paragraph 3


3. By way of derogation from paragraphs 1 and 2, Member States which

3. By way of derogation from paragraphs 1 and 2, Member States which

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apply public interventions in price setting for the supply of electricity for energy poor or vulnerable household customers at the [OP: please insert the date of entry into force of this Directive] may continue to apply such public interventions until [OP: insert the date – five years from the entry into force of this Directive]. Such public interventions shall pursue a general economic interest, be clearly defined, transparent, non-discriminatory, verifiable and guarantee equal access for Union electricity companies to customers. The interventions shall not go beyond what is necessary to achieve the general economic interest which they pursue, be limited in time and proportionate as regards their beneficiaries.

apply public interventions in price setting for the supply of electricity for energy poor or vulnerable household customers at the [OP: please insert the date of entry into force of this Directive] may continue to apply such public interventions until their energy efficiency policies and interventions in the improvement of the energy efficiency of appliances and homes of these customers, have proven to result in the same downwards pressure on their energy bills. Such public interventions shall pursue a general economic interest, be clearly defined, transparent, non-discriminatory, verifiable and guarantee equal access for Union electricity companies to customers. The interventions shall not go beyond what is necessary to achieve the general economic interest which they pursue and be proportionate as regards their beneficiaries.

Or. en

Amendment 275Edouard Martin, Pervenche Berès, Theresa GriffinProposal for a directiveArticle 5 – paragraph 3


3. By way of derogation from paragraphs 1 and 2, Member States which apply public interventions in price setting for the supply of electricity for energy poor or vulnerable household customers at the [OP: please insert the date of entry into force of this Directive] may continue to apply such public interventions until [OP: insert the date – five years from the entry into force of this Directive]. Such public interventions shall pursue a general economic interest, be clearly defined, transparent, non-discriminatory, verifiable and guarantee equal access for Union electricity companies to customers. The interventions shall not go beyond what is necessary to achieve the general economic

3. By way of derogation from paragraphs 1 and 2, Member States which apply public interventions in price setting for the supply of electricity at the [OP: please insert the date of entry into force of this Directive] may continue to apply such public interventions if it is established that the electricity is sold at a price which may be challenged. Such public interventions shall pursue a general economic interest, be clearly defined, transparent, non-discriminatory, verifiable and guarantee equal access for Union electricity companies to customers. The interventions shall not go beyond what is necessary to achieve the general economic interest which they pursue, be limited in time and

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interest which they pursue, be limited in time and proportionate as regards their beneficiaries.

proportionate as regards their beneficiaries.

Or. fr

Justification

If consumers say they are satisfied with the existence of regulated tariffs and such tariffs are designed in line with market principles and may be challenged by competitors, small consumers may, if they wish, continue to benefit from regulated tariffs where these exist.

Amendment 276Ashley FoxProposal for a directiveArticle 5 – paragraph 3



3. By way of derogation from paragraphs 1 and 2, Member States which apply public interventions in price setting for the supply of electricity where there are market failures, particularly to protect energy poor or vulnerable household customers at the [OP: please insert the date of entry into force of this Directive] may continue to apply such public interventions until [OP: insert the date – five years from the entry into force of this Directive]. Such public interventions shall pursue a general economic interest, be clearly defined, transparent, non-discriminatory, verifiable and guarantee equal access for Union electricity companies to customers. The interventions shall not go beyond what is necessary to achieve the general economic interest which they pursue, and be limited in time and proportionate as regards their beneficiaries.

Or. en

Amendment 277Françoise Grossetête

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Proposal for a directiveArticle 5 – paragraph 3



3. By way of derogation from paragraphs 1 and 2, Member States which apply public interventions in price setting for the supply of electricity for energy poor or vulnerable household customers at the [OP: please insert the date of entry into force of this Directive] may continue to apply such public interventions until [OP: insert the date – ten years from the entry into force of this Directive]. Such public interventions shall pursue a general economic interest, be clearly defined, transparent, non-discriminatory, verifiable and guarantee equal access for Union electricity companies to customers. The interventions shall not go beyond what is necessary to achieve the general economic interest which they pursue, be limited in time and proportionate as regards their beneficiaries.

Or. en

Amendment 278Pilar del Castillo Vera, Pilar Ayuso, Francesc GambúsProposal for a directiveArticle 5 – paragraph 3


3. By way of derogation from paragraphs 1 and 2, Member States which apply public interventions in price setting for the supply of electricity for energy poor or vulnerable household customers at the [OP: please insert the date of entry into force of this Directive] may continue to apply such public interventions until [OP: insert the date – five years from the entry into force of this Directive]. Such public interventions shall pursue a general economic interest, be clearly defined, transparent, non-discriminatory, verifiable

3. By way of derogation from paragraphs 1 and 2,Member States which apply public interventions in price setting for the supply of electricity for household customers at the [OP: please insert the date of entry into force of this Directive] may continue to apply such public interventions. Such public interventions shall pursue a general economic interest, be clearly defined, transparent, non-discriminatory, verifiable, result in a dynamic price linked to the wholesale market incorporating a reasonable

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and guarantee equal access for Union electricity companies to customers. The interventions shall not go beyond what is necessary to achieve the general economic interest which they pursue, be limited in time and proportionate as regards their beneficiaries.

maximum margin component and shall guarantee equal access for Union electricity companies to customers. The interventions shall not go beyond what is necessary to achieve the general economic interest which they pursue, be limited in time and proportionate as regards their beneficiaries.

Or. en




3. By way of derogation from paragraphs 1 and 2, Member States which apply public interventions in price setting for the supply of electricity for household customers including energy poor or vulnerable customers at the [OP: please insert the date of entry into force of this Directive] may continue to apply such public interventions until they assess it is no longer a necessary tool. Such public interventions shall pursue a general economic interest, be clearly defined, transparent, non-discriminatory, verifiable and guarantee equal access for Union electricity companies to customers. The interventions shall not go beyond what is necessary to achieve the general economic interest which they pursue, be limited in time and proportionate as regards their beneficiaries.

Or. en

Amendment 280Edouard Martin, Pervenche Berès, Theresa GriffinProposal for a directiveArticle 5 – paragraph 4

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4. After[OP – insert the date – five years from the entry into force of this Directive], Member States may still apply public interventions in the price-setting for the supply of electricity for vulnerable household customers in so far as it is strictly necessary for reasons of extreme urgency. Such interventions shall comply with the conditions set out in paragraph 3.

deleted

Member States shall notify the measures taken in accordance with the first subparagraph to the Commission within one month after adoption and may apply them immediately. The notification shall be accompanied by an explanation why other instruments could not sufficiently address the situation and how the beneficiaries and the duration of the measure have been determined. The notification shall be considered as complete if, within two months from its receipt, or from the receipt of any additional information requested, the Commission does not request any further information.

The Commission may take a decision asking the national authorities to amend or withdraw the measures within two months from receipt of a complete notification where it considers that the requirements set out in the first subparagraph are not fulfilled. The decision-making period can be extended with the consent of both the Commission and the Member State concerned.

The public intervention applied on the basis of this paragraph shall be deemed valid as long as the Commission has not taken a decision asking the national authorities to amend or withdraw the measure.

Or. fr

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Justification

If consumers say they are satisfied with the existence of regulated tariffs and such tariffs are designed in line with market principles and may be challenged by competitors, small consumers may, if they wish, continue to benefit from regulated tariffs where these exist.

Amendment 281Werner LangenProposal for a directiveArticle 5 – paragraph 4



deleted


The Commission may take a decision asking the national authorities to amend or withdraw the measures within two months from receipt of a complete notification where it considers that the requirements set out in the first subparagraph are not fulfilled. The decision-making period can be extended with the consent of both the Commission

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and the Member State concerned.


Or. de

Justification

Removing regulated retail prices will lead to fewer distortions in the market and overall lower retail prices. Therefore regulated end-consumer prices should be phased out as soon as possible.




deleted

Member States shall notify the measures taken in accordance with the first subparagraph to the Commission within one month after adoption and may apply them immediately. The notification shall be accompanied by an explanation why other instruments could not sufficiently address the situation and how the beneficiaries and the duration of the measure have been determined. The notification shall be considered as complete if, within two months from its receipt, or from the receipt of any additional information requested, the

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Commission does not request any further information.



Or. en

Amendment 283Cornelia Ernst, Neoklis SylikiotisProposal for a directiveArticle 5 – paragraph 4 – subparagraph 1


After[OP – insert the date – five years from the entry into force of this Directive], Member States may still apply public interventions in the price-setting for the supply of electricity for vulnerable household customers in so far as it is strictly necessary for reasons of extreme urgency. Such interventions shall comply with the conditions set out in paragraph 3.

deleted

Or. en

Amendment 284Fredrick FederleyProposal for a directiveArticle 5 – paragraph 4 – subparagraph 1

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deleted

Or. en

Amendment 285Martina Werner, Flavio Zanonato, Carlos Zorrinho, Miroslav PocheProposal for a directiveArticle 5 – paragraph 4 – subparagraph 1



After[OP – insert the date –two years from the entry into force of this Directive], Member States may apply public interventions in the price-setting for the supply of electricity and gas as a transitional measure where there is evidence that markets are failing and other measures are not implemented to sufficiently protect energy poor or vulnerable consumers provided that:

a) no more than 10% of households are affected

b) for a maximum of two years until more efficient and targeted social or other policy measures are adopted

c) the level of public intervention allows suppliers to make a reasonable level of return

d) market entry by new participants is not impeded

e) the setting of prices is limited to particular tariff types, such as a supplier’s pre-paid, default or standard variable tariff, or to certain groups of consumers

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such low-income or vulnerable consumers at risk of energy poverty;

Or. en

Amendment 286Kathleen Van BremptProposal for a directiveArticle 5 – paragraph 4 – subparagraph 1



Member States may still apply public interventions in the price-setting for the supply of electricity for vulnerable household customers when other measures are not implemented to sufficiently protect energy poor or vulnerable consumers provided that:

a) no more than 20% of households are affected;

b) targeted energy efficiency policy measures are adopted and effectively implemented;

c) the level of public intervention allows suppliers to make a reasonable level of return;

d) market entry by new participants is not impeded.

In the case of on-bill repayments of prefinanced investments in renewable energy in or on the building or in energy efficiency measures, public interventions to cover that part of the energy bill of energy poor or vulnerable household customers, will always be allowed.

Or. en

Amendment 287Claude Turmeson behalf of the Verts/ALE Group

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Proposal for a directiveArticle 5 – paragraph 4 – subparagraph 1



After[OP – insert the date – five years from the entry into force of this Directive], Member States may still apply public interventions in the price-setting for the supply of electricity for vulnerable household customers , provided it is strictly necessary for reasons of extreme urgency and the support takes form of social tariffs to be offered by energy companies. Beyond, Member States shall empower households affected by energy poverty and in social housing by promoting tailored energy efficiency programmes as well as access to affordable renewable energy. In accordance with article 27 of this Directive, Member States may further appoint a supplier of last resort. Such interventions shall comply with the conditions set out in paragraph 3.

Or. en

Amendment 288Gunnar HökmarkProposal for a directiveArticle 5 – paragraph 4 – subparagraph 1



After [OP – insert the date – two years from the entry into force of this Directive], Member States may still apply public interventions in the price-setting for the supply of electricity for vulnerable household customers in so far as it is strictly necessary for reasons of extreme urgency. Such interventions shall be limited to what is strictly necessary in order to achieve the general economic interest and shall not distort the market beyond what is reasonably expected by such measures.

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Or. en

Amendment 289Evžen TošenovskýProposal for a directiveArticle 5 – paragraph 4 – subparagraph 1



After[OP – insert the date – five years from the entry into force of this Directive], Member States may still apply public interventions in the price-setting for the supply of electricity for vulnerable household customers in so far as it is strictly necessary for reasons of extreme urgency. Reasons of extreme urgency refer to seldom situations caused by force majeure. Such interventions shall comply with the conditions set out in paragraph 3.

Or. en

Amendment 290Jaromír KohlíčekProposal for a directiveArticle 5 – paragraph 4 – subparagraph 1



After[OP – insert the date – five years from the entry into force of this Directive], Member States may still apply public interventions in the price-setting for the supply of electricity for vulnerable household customers in so far as it is strictly necessary for reasons of extreme urgency. Reasons for extreme urgency refer to seldom situations caused by force majeure. Such interventions shall comply with the conditions set out in paragraph 3.

Or. en

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Justification

For reasons of legal clarity of the text of directive, as the definition of “reasons of extreme urgency” was missing in the text.

Amendment 291Ashley FoxProposal for a directiveArticle 5 – paragraph 4 – subparagraph 1



After[OP – insert the date – five years from the entry into force of this Directive], Member States may still apply public interventions in the price-setting for the supply of electricity for vulnerable household customers in so far as it is strictly necessary for reasons of extreme urgency to resolve fundamental market failings.. Such interventions shall comply with the conditions set out in paragraph 3.

Or. en

Amendment 292Zdzisław Krasnodębski, Edward CzesakProposal for a directiveArticle 5 – paragraph 4 – subparagraph 1



Member States may apply public interventions in the price-setting for the supply of electricity for vulnerable or energy poor household customers in so far as it is necessary to ensure the guarantee of delivery without unduly economic damage. Such interventions shall comply with the conditions set out in paragraph 3.

Or. en

Amendment 293Françoise Grossetête

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After[OP – insert the date – ten years from the entry into force of this Directive], Member States may still apply public interventions in the price-setting for the supply of electricity for vulnerable household customers in so far as it is strictly necessary for reasons of extreme urgency. Such interventions shall comply with the conditions set out in paragraph 3.

Or. en

Amendment 294Pilar del Castillo Vera, Pilar Ayuso, Francesc GambúsProposal for a directiveArticle 5 – paragraph 4 – subparagraph 1



After[OP – insert the date – five years from the entry into force of this Directive], Member States may still apply public interventions in the price-setting for the supply of electricity for household customers in so far as it is necessary according to market conditions. Such interventions shall comply with the conditions set out in paragraph 3.

Or. en

Amendment 295Martina Werner, Flavio Zanonato, Carlos Zorrinho, Theresa Griffin, Miroslav Poche, Eugen Freund, Patrizia Toia, Soledad Cabezón Ruiz, José Blanco LópezProposal for a directiveArticle 5 – paragraph 4 – subparagraph 2


Member States shall notify the measures taken in accordance with the first subparagraph to the Commission within

Member States shall notify the measures taken in accordance with the first subparagraph to the Commission within

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one month after adoption and may apply them immediately. The notification shall be accompanied by an explanation why other instruments could not sufficiently address the situation and how the beneficiaries and the duration of the measure have been determined. The notification shall be considered as complete if, within two months from its receipt, or from the receipt of any additional information requested, the Commission does not request any further information.

one month after adoption and may apply them immediately. The notification shall be accompanied by an explanation why other instruments including social policy and other measures and prioritisation of energy efficiency measures could not sufficiently address the situation and how the beneficiaries and the duration of the measure have been determined. The notification shall be considered as complete if, within two months from its receipt, or from the receipt of any additional information requested,the Commission does not request any further information.

Or. en

Amendment 296Cornelia Ernst, Neoklis SylikiotisProposal for a directiveArticle 5 – paragraph 4 – subparagraph 2



Member States shall notify the measures of public intervention in price setting to the Commission within one month after adoption and may apply them immediately. The notification shall be accompanied by an explanation why other instruments could not sufficiently address the situation and how the beneficiaries and the duration of the measure have been determined. The notification shall be considered as complete if, within two months from its receipt, or from the receipt of any additional information requested, the Commission does not request any further information.

Or. en

Amendment 297Cornelia Ernst

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The Commission may take a decision asking the national authorities to amend or withdraw the measures within two months from receipt of a complete notification where it considers that the requirements set out in the second paragraph are not fulfilled. The decision-making period can be extended with the consent of both the Commission and the Member State concerned.

Or. en

Amendment 298Patrizia ToiaProposal for a directiveArticle 6 – paragraph 1


1. Member States shall ensure the implementation of a system of third party access to the transmission and distribution systems based on published tariffs, applicable to all customers 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 59 and that those tariffs, and the methodologies — where only methodologies are approved — are published prior to their entry into force.

1. Member States shall ensure the implementation of a system of third party access to the transmission and distribution systems based on published tariffs, applicable to all eligible customers and applied objectively and without discrimination between system users, in order to support the necessary network development according to reach the 2030 targets. 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 59 and that those tariffs, and the methodologies — where only methodologies are approved — are published prior to their entry into force.

Or. en

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Justification

Tariff setting not only should be applied without discrimination, but should be determined in order to support the necessary network development in order to reach the 2030 renewable, energy efficiency and de-carbonization targets

Amendment 299Pilar del Castillo Vera, Pilar Ayuso, Francesc GambúsProposal for a directiveArticle 6 – paragraph 2


2. The transmission or distribution system operator may refuse access where it lacks the necessary capacity. Duly substantiated reasons shall be given for such refusal, in particular having regard to Article 9, and based on objective and technically and economically justified criteria. Member States or, where Member States have so provided, the regulatory authorities shall ensure that those criteria are consistently applied and that the system user who has been refused access can make use of a dispute settlement procedure. The regulatory authorities shall also ensure, where appropriate and when refusal of access takes place, that the transmission or distribution system operator provides relevant information on measures that would be necessary to reinforce the network. Such information shall be provided in all cases when access for recharging points was denied. The party requesting such information may be charged a reasonable fee reflecting the cost of providing such information.

2. The transmission or distribution system operator may refuse access where it lacks the necessary capacity. Duly substantiated reasons shall be given for such refusal, in particular having regard to Article 9, and based on objective and technically and economically justified criteria. Member States or, where Member States have so provided, the regulatory authorities shall ensure that those criteria are consistently applied and that the system user who has been refused access can make use of a dispute settlement procedure. Member States, or where Member States have so provided, the regulatory authorities shall also ensure, where appropriate and when refusal of access takes place, that the transmission or distribution system operator provides relevant information on measures that would be necessary to reinforce the network. Such information shall be provided in all cases when access for recharging points was denied. The party requesting such information may be charged a reasonable fee reflecting the cost of providing such information.

Or. en

Amendment 300Claude Turmeson behalf of the Verts/ALE GroupProposal for a directiveArticle 8 – paragraph 2 – point f

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(f) energy efficiency; (f) alternatives to the construction of generation capacity available, such as energy efficiency measures, demand response or energy storage;

Or. en

Justification


Amendment 301Martina Werner, Jeppe Kofod, Carlos Zorrinho, Theresa Griffin, Miroslav Poche, Dan Nica, Soledad Cabezón Ruiz, José Blanco LópezProposal for a directiveArticle 8 – paragraph 2 – point f


(f) energy efficiency; (f) energy efficiency, including the levels of demand-response potential;

Or. en

Justification


Amendment 302Patrizia ToiaProposal for a directiveArticle 8 – paragraph 2 – point j


(j) the contribution of the generating capacity to meeting the overall Union target of at least a 20 % share of energy from renewable sources in the Union ’s gross final consumption of energy in 2020 referred to in Article 3(1) of Directive 2009/28/EC of the European Parliament and of the Council41 ; and

(j) the contribution of the generating capacity to meeting the overall Union target of at least a 20 % share of energy from renewable sources in the Union’s gross final consumption of energy in 2020 referred to in Article 3(1) of Directive 2009/28/EC of the European Parliament and of the Council and a target of at least

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a 35 % share of energy from renewable sources in the Union's gross final consumption of energy in 2030 according to Article 3(1) of Directive of the European Parliament and of the Council on the promotion of the use of energy from renewable sources; and

__________________ __________________41 Directive 2009/28/EC of the European Parliament and the Council of 23 April 2009 on the promotion of the use of energy sources (OJ L 140, 5.6.2009, p. 16).

41 Directive 2009/28/EC of the European Parliament and the Council of 23 April 2009 on the promotion of the use of energy sources (OJ L 140, 5.6.2009, p. 16).

Or. en

Justification

Among the criteria to grant authorization for new capacity it seems that only the 2020 targets are considered, not the 2030. But if we are talking of new capacities, we have to take the 2030 into consideration, more than 2020 ones.

Amendment 303Martina Werner, Flavio Zanonato, Jeppe Kofod, Carlos Zorrinho, Theresa Griffin, Miroslav Poche, Eugen Freund, Patrizia Toia, Edouard Martin, Soledad Cabezón Ruiz, José Blanco LópezProposal for a directiveArticle 8 – paragraph 2 – point j


(j) the contribution of the generating capacity to meeting the overall Union target of at least a 20 % share of energy from renewable sources in the Union ’s gross final consumption of energy in 2020 referred to in Article 3(1) of Directive 2009/28/EC of the European Parliament and of the Council41 ; and

(j) the contribution of the generating capacity to meeting the overall Union target of at least a 20 % share of energy from renewable sources in the Union’s gross final consumption of energy in 2020 referred to in Article 3(1) of Directive 2009/28/EC of the European Parliament and of the Council of 23 April 2009 on the promotion of the use of energy from renewable sources; and the overall Union target for 2030 of at least 35% referred to in Directive COM(2016) 767

__________________ __________________41 Directive 2009/28/EC of the European Parliament and the Council of 23 April 2009 on the promotion of the use of energy

41 Directive 2009/28/EC of the European Parliament and the Council of 23 April 2009 on the promotion of the use of energy

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sources (OJ L 140, 5.6.2009, p. 16). sources (OJ L 140, 5.6.2009, p. 16).

Or. en

Amendment 304Kaja Kallas, Angelika Mlinar, Fredrick Federley, Morten Helveg Petersen, Carolina Punset, Pavel TeličkaProposal for a directiveArticle 8 – paragraph 2 – point k a (new)


(ka) the assessment of alternatives, such as demand-response solutions and energy storage, to the construction of new generating capacity ;

Or. en

Amendment 305Dario Tamburrano, David Borrelli, Piernicola PediciniProposal for a directiveArticle 8 – paragraph 3 – subparagraph 1


Member States shall ensure that specific authorisation procedures exist for small decentralised and/or distributed generation, which take into account their limited size and potential impact.

Member States shall ensure that specific authorisation procedures exist for small decentralised and/or distributed generation to facilitate their development, which take into account their specificities, limited size and potential impact.

Or. en

Justification

Energy communities face a distinct lack of technical information and information on regulatory and other administrative procedures, which places them at a distinct disadvantage with respect to other project developers. Guidelines should be available to provide simplicity and clarity for energy communities developing RES projects. (This provision is intrinsically linked to other articles of the directive and must be modified accordingly in order to ensure overall coherence).

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Amendment 306Claude Turmeson behalf of the Verts/ALE GroupProposal for a directiveArticle 8 – paragraph 3 – subparagraph 1


Member States shall ensure that specific authorisation procedures exist for small decentralised and/or distributed generation, which take into account their limited size and potential impact.

Member States shall ensure that specific, simplified or streamlined authorisation procedures exist for small decentralised and/or distributed generation, which take into account their limited size and potential impact.

Or. en

Justification


Amendment 307Cornelia ErnstProposal for a directiveArticle 8 – paragraph 3 – subparagraph 2


Member States may set guidelines for that specific authorisation procedure. National regulatory authorities or other competent national authorities including planning authorities shall review those guidelines and may recommend amendments thereto.

Member States shall set guidelines for that specific authorisation procedure, which shall be publicly available. National regulatory authorities or other competent national authorities including planning authorities shall review those guidelines and may recommend amendments thereto.

Or. en

Amendment 308Claude Turmeson behalf of the Verts/ALE GroupProposal for a directiveArticle 8 – paragraph 3 – subparagraph 2


Member States may set guidelines for that Member States shall set guidelines for that

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specific authorisation procedure. National regulatory authorities or other competent national authorities including planning authorities shall review those guidelines and may recommend amendments thereto.

specific authorisation procedure, which shall be publicly available. National regulatory authorities or other competent national authorities including planning authorities shall review those guidelines and may recommend amendments thereto.

Or. en

Justification

In order to establish a true level playing fields for LECs the provision of technical information and information on regulatory and other administrative procedures needs to be improved. The amendment would also provide a more clear role for the national authorities in overseeing barriers for active customers and local energy communities.

Amendment 309Cornelia ErnstProposal for a directiveArticle 8 – paragraph 3 – subparagraph 3


Where Member States have established particular land use permit procedures applying to major new infrastructure projects in generation capacity, Member States shall, where appropriate, include the construction of new generation capacity within the scope of those procedures and shall implement them in a non-discriminatory manner and within an appropriate time-frame.

Where Member States have established particular land use permit procedures applying to major new infrastructure projects in generation capacity, Member States shall, where appropriate, include the construction of new generation capacity within the scope of those procedures and shall implement them in a non-discriminatory manner and within an appropriate time-frame, taking into account the limited impact, the expected benefit and the specific needs of small decentralized and/or distributed generation, as well as the need to facilitate its development.

Or. en

Justification

One of the biggest challenges local energy communities face is lack of technical information and information on regulatory and other administrative procedures, which places them at a distinct disadvantage vis-a-vis other project developers. To provide simplicity and clarity for

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local energy communities that develop renewable energy projects, particularly smaller projects, guidelines should be available to assist them. The amendment would also provide a more clear role for the national authorities in overseeing barriers for active customers and local energy communities.



2. Having full regard to the relevant provisions of the Treaty, in particular Article 106 thereof, Member States may impose on undertakings operating in the electricity sector, in the general economic interest, public service obligations which may relate to security, including security of supply, regularity, quality and price of supplies and environmental protection, including energy efficiency, energy from renewable sources and climate protection. Such obligations shall be clearly defined, transparent, non-discriminatory, verifiable and shall guarantee equality of access for electricity undertakings of the Union to national consumers. Public service obligations which concern the price setting for the supply of electricity shall comply with the requirements set out in Article 5.

2. Having full regard to the relevant provisions of the Treaty, in particular Article 106 thereof, Member States may impose on undertakings operating in the electricity sector, in the general economic interest, public service obligations which may relate to security, including security of supply, regularity, quality and price of supplies and environmental protection, including energy efficiency, energy from renewable sources and climate protection. Such obligations shall be clearly defined, transparent, non-discriminatory, verifiable and shall guarantee equality of access for electricity undertakings of the Union to national consumers. In relation to security of supply, energy efficiency/demand-side management and for the fulfilment of environmental goals and aims for energy from renewable sources, as referred to in this paragraph, Member States may introduces the implementation of long-term planning, taking into account the possibility of third parties seeking access to the system. Public service obligations which concern the price setting for the supply of electricity shall comply with the requirements set out in Article 5.

Or. en

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