Changes from report parliamentary committee draft to plenary report

Added(c) are not subject to disproportionate licensing requirements or fees;

Added(d) are allowed to provide several services simultaneously, if technically feasible.

Added▌

Added1. Member States shall ensure that bills and billing information are accurate, easy to understand, clear, concise, user-friendly and presented in a manner that facilitates comparison by final customers and that they fulfil the minimum requirements set out in Annex I. On request, final customers shall receive a clear and understandable explanation of how their bill was derived, especially where bills are not based on actual consumption.

Added2. Member States shall ensure that final customers receive all their bills and billing information free of charge.

Added3. Member States shall ensure that final customers are offered the option of electronic bills and billing information and are offered flexible arrangements for the actual payment of the bills.

Added4. Where the contract provides for a future change of the product or price, or a discount, this shall be indicated on the bill together with the date on which the change takes place.

Added5. Member States shall consult consumer organisations when they consider changes to the requirements for the content of bills.

Added1. In order to complement energy efficiency measures adopted pursuant to Directives (EU) .../...+ and (EU) .../...++ and to further empower final customers, Member States or, where a Member State has so provided, the regulatory authority shall strongly recommend that natural gas undertakings optimise the use of natural gas, inter alia, by providing energy management services, after a positive cost-benefit assessment, and introducing smart metering systems that are interoperable, in particular with consumer energy management systems and with smart grids, in accordance with the applicable Union data protection rules.

Added2. Member States shall proceed with the deployment in their territories of smart metering systems that assist the active participation of customers only after a positive cost-benefit assessment which clearly assesses and specifies the benefits to customers that arise from the use of smart meters and of signing up for smart meter-enabled offers. The cost-benefit assessment shall be undertaken in accordance with the principles laid down in Annex II. The cost-benefit assessment shall also evaluate the impacts of deploying smart metering systems only for industrial customers.

Added3. Member States that proceed with the deployment of smart metering systems shall adopt and publish the minimum functional and technical requirements for the smart metering systems to be deployed in their territories, in accordance with Article 18 and Annex II. Member States shall ensure the interoperability of those smart metering systems, as well as their ability to provide output for consumer energy management systems. In that respect, Member States shall have due regard to the use of the relevant available standards, including those enabling interoperability, to best practices and to the importance of the development of smart grids and the development of the internal market for natural gas.

Added3a. Member States that proceed with the deployment of smart metering systems shall develop guidelines regarding the provision of clear and understandable information and advice to customers about the benefits of smart meters. Member States shall develop those guidelines after consulting consumer bodies and other relevant organisations. Those guidelines shall at least:

Added(a) include advice on how customer groups can use their smart metering system to improve their energy efficiency;

Added(b) establish industry wide standards to address the specific needs of vulnerable customers, such as persons with a visual or hearing impairment, and persons with low levels of literacy;

Added(c) include local engagement strategies to encourage the support of authorities and support services to explain how smart appliances can benefit vulnerable customers and customers affected by or at risk of energy poverty.

Added4. Member States that proceed with the deployment of smart metering systems shall ensure that final customers contribute to the associated costs of the deployment in a transparent and non-discriminatory manner, while taking into account the long-term benefits to the whole value chain. Member States or, where a Member State has so provided, the designated competent authorities, shall regularly monitor such deployment in their territories to track the delivery of benefits to customers. Benefits to network operations in accordance with the cost-benefit assessment, for example, in terms of savings, in particular due to better network management, more efficient fault clearing, more precise planning and the identification of network losses, shall be subtracted when calculating customers’ contribution.

Added▌

Added6. The provisions in this Directive concerning smart metering systems shall apply to future installations and to installations that replace older smart meters. Smart metering systems that have already been installed, or for which the ‘start of works’ began, before [date of entry into force], may remain in operation over their lifetime. However, smart metering systems that do not meet the requirements of Article 20 and Annex II, shall not remain in operation after [12 years after entering into force of this Directive].

Added7. For the purpose of paragraph 6, ‘start of works’ means either the start of construction works on the investment or the first firm commitment to order equipment or other commitment that makes the investment irreversible, whichever is the first in time. Buying of land and preparatory works such as obtaining permits and conducting preliminary feasibility studies shall not considered as start of works. For take-overs, ‘start of works’ means the moment of acquiring the assets directly linked to the acquired establishment.

Added▌

AddedWhere the deployment of smart metering systems is positively assessed as a result of the cost-benefit assessment referred to in Article 16(2), ▌ Member States shall deploy those systems in accordance with European standards, the following requirements, and Annex II:

Added(a) the smart metering systems shall accurately measure actual natural gas consumption and shall be capable of providing to final customers information on actual time of use, including validated historical consumption data which shall be made easily and securely available and visualised to final customers on request and at no additional cost, and non -validated most recent available consumption data which shall also be made easily and securely available to final customers at no additional cost, through a standardised interface or through remote access, in order to support automated energy efficiency programmes, and other services;

Added(b) the security of the smart metering systems and data communication shall comply with relevant Union security rules, having due regard to the best available techniques for ensuring the highest level of cybersecurity protection while bearing in mind the costs and the principle of proportionality;

Added(c) the privacy of final customers and the protection of their data shall comply with relevant Union data protection and privacy rules;

Added(d) if final customers request it, their natural gas consumption data shall be made available to them, in accordance with the implementing acts adopted pursuant to Article 23, through a standardised communication interface or through remote access, or to a third party acting on their behalf, in an easily understandable format allowing them to compare offers on a like-for-like basis;

Added(e) appropriate advice and information shall be given to final customers prior to or at the time of installation of smart meters, in particular concerning their full potential with regard to the management of meter reading and the monitoring of energy consumption, and concerning the collection and processing of personal data in accordance with the applicable Union data protection rules;

Added(f) smart metering systems shall enable final customers to be metered and settled at the same time resolution as the shortest settlement period in the national market.

AddedFor the purposes of point (d) of the first subparagraph, it shall be possible for final customers to retrieve their metering data or transmit them to another party at no additional cost and in accordance with their right to data portability under Union data protection rules.

Added1. Where the deployment of smart metering systems has been negatively assessed as a result of the cost-benefit assessment referred to in Article 16(2) ▌, Member States shall ensure that every industrial customer is entitled, on request, while bearing the associated costs, to have installed or, where applicable, to have upgraded, under fair, reasonable and cost-effective conditions, a smart meter that:

Added(a) is equipped, where technically feasible, with the functionalities referred to in Article 18, or with a minimum set of functionalities to be defined and published by Member States at national level in accordance with Annex II;

Added(b) is interoperable and able to deliver the desired connectivity of the metering infrastructure with consumer energy management systems.

Added2. Where a industrial customer requests a smart meter pursuant to paragraph 1, Member States or, where a Member State has so provided, the designated competent authorities shall:

Added(a) ensure that the offer to the industrial customer requesting the installation of a smart meter explicitly states and clearly describes:

Added(i) the functions and interoperability that can be supported by the smart meter and the services that can be provided as well as the benefits that can be realistically attained by having that smart meter at that moment in time;

Added(ii) any associated costs to be borne by the industrial customer;

Added(b) ensure that the smart meter is installed within a reasonable time, and in any case no later than four months after the industrial customer's request;

Added(c) regularly, and at least every two years, review and make publicly available the associated costs, and trace the evolution of those costs as a result of technology developments and potential metering system upgrades.

Added1. Where final natural gas customers do not have smart meters, Member States shall ensure that, in so far as technically possible, financially reasonable and proportionate to the potential energy savings, final customers are provided with individual conventional meters that accurately measure their actual consumption.

Added2. Member States shall ensure that final natural gas customers are able to easily read their conventional meters, either directly or indirectly through an online interface or through another appropriate interface.

Added1. When laying down the rules regarding the management and exchange of data, Member States or, where a Member State has so provided, the designated competent authorities shall specify the rules on the access to data of the final customer by eligible parties in accordance with this Article and the applicable Union legal framework. For the purpose of this Directive, data shall be understood to include metering and consumption data as well as data required for customer switching, and other services.

Added2. Member States shall organise the management of data in order to ensure efficient and secure data access and exchange, as well as data protection and data security.

AddedIndependently of the data management model applied in each Member State, the parties responsible for data management shall provide access to the data of the final customer to any eligible party, in accordance with paragraph 1. Eligible parties shall have the requested data at their disposal in a non-discriminatory manner and simultaneously. Access to data shall be easy and the relevant procedures for obtaining access to data shall be made publicly available.

Added3. The rules on access to data and data storage for the purpose of this Directive shall comply with the relevant Union law.

AddedThe processing of personal data within the framework of this Directive shall be carried out in accordance with Regulation (EU) 2016/679.

Added4. Member States or, where a Member State has so provided, the designated competent authorities, shall authorise and certify or, where applicable, supervise the parties responsible for the data management, in order to ensure that they comply with the requirements of this Directive.

AddedWithout prejudice to the tasks of the data protection officers under Regulation (EU) 2016/679, Member States may decide to require that parties responsible for the data management appoint compliance officers who shall be responsible for monitoring the implementation of measures taken by those parties to ensure non-discriminatory access to data and compliance with the requirements of this Directive.

AddedMember States may appoint compliance officers or bodies referred to in point (d) of Article 44(2) of this Directive to fulfil the obligations under this paragraph.

Added5. No additional costs shall be charged to final customers for access to their data or for a request to make their data available.

AddedMember States shall be responsible for setting the relevant charges for access to data by eligible parties.

AddedMember States or, where a Member State has so provided, the designated competent authorities shall ensure that any charges imposed by regulated entities that provide data services are reasonable and duly justified.

Added1. In order to promote competition in the natural gas retail market and to avoid excessive administrative costs for the eligible parties, Member States shall facilitate the full interoperability of energy services within the Union.

Added2. The Commission shall adopt, by means of implementing acts, interoperability requirements and non-discriminatory and transparent procedures for access to data referred to in Article 21(1). Those implementing acts shall be adopted in accordance with the advisory procedure referred to in Article 4 of Regulation (EU) No 182/2011.

Added3. Member States shall ensure that natural gas undertakings apply the interoperability requirements and procedures for access to data referred to in paragraph 2. Those requirements and procedures shall be based on existing national practices.

AddedEach Member State shall ensure that one single point of contact is established to provide customers with all necessary information concerning their rights, the applicable law and dispute settlement mechanisms available to them in the event of a dispute. Such single points of contact may be part of general consumer information points and may be the same entities as the single contact points for electricity referred to in Article 26 of Directive (EU) 2019/944 or single points of contact established under Directive (EU) 2018/2001 [amended RED], Directive (EU) .../... + and Directive (EU) .../... ++, provided that such entities ensure access to both energy and consumer knowledge and information.

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

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

AddedMember States shall ensure that information on certified comparison tools are provided to customers through the national single point of contact. Member States shall also ensure the access to at least one accessible comparison tool to customers that request it, including those with no internet access.

Added1. Member States shall ensure that final customers have access to simple, fair, transparent, independent, effective and efficient out-of-court mechanisms for the settlement of disputes concerning rights and obligations established under this Directive, through an independent mechanism such as an energy ombudsman or a consumer body, or through a regulatory authority. Where the final customer is a consumer within the meaning of Directive 2013/11/EU of the European Parliament and of the Council23, such out-of-court dispute settlement mechanisms shall comply with the quality requirements of that Directive and shall provide, where warranted, for systems of reimbursement and compensation.

Added2. Where necessary, Member States shall ensure that alternative dispute resolution entities cooperate to provide simple, fair, transparent, independent, effective and efficient out-of-court dispute settlement mechanisms for any dispute that arises from products or services that are tied to, or bundled with, any product or service falling under the scope of this Directive.

Added3. The participation of gas undertakings in out-of-court dispute settlement mechanisms for household customers shall be mandatory unless the Member State concerned demonstrates to the Commission that other mechanisms are equally effective.