EC concerning common rules for the internal market in electricity and natural gas - Main contents

Please note

This page contains a limited version of this dossier in the EU Monitor.

dossier	COM(2001)125-2 - Amendment of Directives 96/92/EC and 98/30/EC concerning common rules for the internal market in electricity and natural ...
document	COM(2001)125
date	June 26, 2003

ANNEX A

Measures on consumer protection

Without prejudice to Community rules on consumer protection, in particular Directives 97/7/EC of the European Parliament and of the Council(1) and Council Directive 93/13/EC(2), the measures referred to in Article 3 are to ensure that customers:

(a) have a right to a contract with their electricity service provider that specifies:

- the identity and address of the supplier;

- the services provided, the service quality levels offered, as well as the time for the initial connection;

- if offered, the types of maintenance service offered;

- the means by which up-to-date information on all applicable tariffs and maintenance charges may be obtained;

- the duration of the contract, the conditions for renewal and termination of services and of the contract, the existence of any right of withdrawal;

- any compensation and the refund arrangements which apply if contracted service quality levels are not met; and

- the method of initiating procedures for settlement of disputes in accordance with point (f).

Conditions shall be fair and well known in advance. In any case, this information should be provided prior to the conclusion or confirmation of the contract. Where contracts are concluded through intermediaries, the above information shall also be provided prior to the conclusion of the contract;

(b) are given adequate notice of any intention to modify contractual conditions and are informed about their right of withdrawal when the notice is given. Service providers shall notify their subscribers directly of any increase in charges, at an appropriate time no later than one normal billing period after the increase comes into effect. Member States shall ensure that customers are free to withdraw from contracts if they do not accept the new conditions notified to them by their electricity service provider;

(c) receive transparent information on applicable prices and tariffs and on standard terms and conditions, in respect of access to and use of electricity services;

(d) are offered a wide choice of payment methods. Any difference in terms and conditions shall reflect the costs to the supplier of the different payment systems. General terms and conditions shall be fair and transparent. They shall be given in clear and comprehensible language. Customers shall be protected against unfair or misleading selling methods;

(e) shall not be charged for changing supplier;

(f) benefit from transparent, simple and inexpensive procedures for dealing with their complaints. Such procedures shall enable disputes to be settled fairly and promptly with provision, where warranted, for a system of reimbursement and/or compensation. They should follow, wherever possible, the principles set out in Commission Recommendation 98/257/EC(3);

(g) when having access to universal service under the provisions adopted by Member States pursuant to Article 3(3), are informed about their rights regarding universal service.

(1) OJ L 144, 4.6.1997, p. 19.

(2) OJ L 95, 21.4.1993, p. 29.

(3) OJ L 115, 17.4.1998, p. 31.

ANNEX B

Correlation table

>TABLE>

Statements made with regard to decommissioning and waste management activities

Interinstitutional statement

"The European Parliament, the Council and the Commission underline 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".

Commission statement

"The Commission notes the importance of ensuring that funds established for the purpose of decommissioning and waste management activities, which relate to the objectives of the Euratom Treaty, are managed in a transparent way, and used only for the said purpose. In this context, it intends, within the scope of its responsibilities of the Euratom Treaty to publish an annual report on the use of decommissioning and waste management funds. It shall pay particular attention to ensuring the full application of the relevant provisions of Community law".