ANNEXES to the Proposal for a Directive of the European Parliament and of the Council on common rules for the internal market in electricity - Main contents

Document date	30-10-2017
Publication date	08-11-2017
Reference	10691/17 ADD 1 REV 1
From	General Secretariat of the Council
External link	original article
Original document in PDF

Council of the European Union Brussels, 30 October 2017 (OR. en)

10691/17

Interinstitutional File: ADD 1 REV 1

2016/0380 (COD) i

ENER 310 ENV 647 CLIMA 202 COMPET 517 CONSOM 271 FISC 151 CODEC 1137

NOTE

From: General Secretariat of the Council

To: Delegations

No. Cion doc.: 15150/1/16 ENER 420 ENV 760 CLIMA 171 COMPET 640 CONSOM 302 FISC 222 CODEC 1816 REV 1

• + 

  ADD 1 REV 1

Subject: ANNEXES to the Proposal for a Directive of the European Parliament and of the Council on common rules for the internal market in electricity

ANNEXES

to the

Proposal for a Directive of the European Parliament and of the Council

on common rules for the internal market in electricity

 new ANNEX I

[] ANNEX II

MINIMUM REQUIREMENTS FOR BILLING AND BILLING INFORMATION

• 1. 

  Minimum information contained in the bill

The following information shall be prominently displayed to final customers in their bills and [] billing information:

(a) the price to pay; and, where possible, [] a breakdown of the price;

(b) electricity consumption for the billing period;

(c) the name [] and the contact details of the supplier including a consumer support hotline;

(d) []

(e) the tariff name;

(f) [] the end date of [] the contract, if applicable; []

(g) the customer's switching code or unique identification code for their supply point;

(h) the contact details of the entity responsible for [] dispute settlement [] pursuant to Article 26.

Where appropriate, the following information shall be [] made available to final customers in, [] with or signposted to within their bills and periodical settlement bills:

(a) []

(b) comparisons of the customers' current electricity consumption with consumption for the same period in the previous year in graphic form;

(c) contact information for consumer organisations, energy agencies or similar bodies, including website addresses, from which information may be obtained on available energy efficiency improvement measures[] for energy-using equipment;

(ca) [] comparisons with an average normalised or benchmarked customer in the same user category [];

(cb) information on their rights as regards the means of dispute settlement available to them in the event of a dispute pursuant to Article 26.

1a. Frequency of billing and the provision of billing information:

(a) billing shall take place on the basis of actual consumption at least once a year;

(b) where final customers do not have meters that allow remote reading by the operator, accurate billing information based on actual consumption shall be made available to final customers at least every six months, or once every three months on request or

where the final customer has opted to receive electronic billing;

(c) where final customers do not have meters that allow remote reading by the operator, the obligations in subparagraphs (a) and (b) may be fulfilled by a system of regular

self-reading by the final customers, whereby they communicate readings from their meter to the supplier. Only when the final customer has not provided a meter reading for a given billing interval billing or billing information may be based on estimated consumption or a flat rate;

(d) where final customers have meters that allow remote reading by the operator, accurate billing information based on actual consumption shall be provided at least every three months, or once every month on request or where the final customer has opted to

receive electronic billing.

• 2. 

  Breakdown of the customers' price

The customers' price is the sum of the following three main components: the energy and supply component, the network component (transmission and distribution) and the component comprising taxes, levies, fees and charges.

Where a breakdown of the customers' price is presented in bills, the common definitions of the three main components in this breakdown established under Regulation (EU) 2016/1952 shall be used throughout the Union.

• 3. 

  Access to complementary information on historical consumption

Member States shall require that, to the extent that complementary information on historical consumption is available, it is made available, at the request of the final customer, to a supplier or service provider designated by the consumer.

Where final customers have meters that allow remote reading by the opearator installed, final customers shall have the possibility of easy access to complementary information on historical consumption allowing detailed self-checks.

Complementary information on historical consumption shall include:

(a) cumulative data for at least the three previous years or the period since the start of the supply contract if this is shorter. The data shall correspond to the intervals for which frequent billing information has been produced; and

(b) detailed data according to the time of use for any day, week, month and year. These data shall be made available to final customers in near real time via the internet or the meter interface for the period of at least the previous 24 months or the period since the start of the supply contract if this is shorter.

 2009/72/EC Article 3(9) (adapted)  new

 4. Disclosure of energy sources 

• 9. 

  Member States shall ensure that electricity sSuppliers shall specify in bills the contribution of each energy source to the electricity purchased by the customer in accordance with the supply contract (product level disclosure).

The following information shall be made available to final customers in, with, or signposted to within their bills and billing information:

(a) the contribution of each energy source to the overall fuel mix of the supplier  (at national level i. e. in the Member State where the supply contract has been concluded, as well as at the level of the supply undertaking if the supplier is active in several Member States)  over the preceding year in a comprehensible and, at a national level, clearly comparable manner;

(b)  [the contribution of each energy source to the electricity purchased by the customer in accordance with the supply contract (product level disclosure);] 

(c) [(b) at least  as a minimum  the reference to existing reference sources, such as web pages, where] information on the environmental impact, in terms of at least CO2 emissions and the radioactive waste resulting from the electricity produced by the overall fuel mix of the supplier over the preceding year [is publicly available];

(c) information concerning their rights as regards the means of dispute settlement available to them in the event of dispute.

As regards the first subparagraph points (a) [] of the [] second subparagraph with respect to electricity obtained via an electricity exchange or imported from an undertaking situated outside the  Union  Community, aggregate figures provided by the exchange or the undertaking in question over the preceding year may be used.

 For the disclosure of electricity from renewable energy sources or from high efficiency cogeneration, guarantees of origin issued under Article 15 of Directive 2009/28/EC i and Article 14(10) of Directive 2012/27/EC i shall be used. 

The regulatory authority or another competent national authority shall take the necessary steps to ensure that the information provided by suppliers to final customers pursuant to this Article is reliable and is provided, at a national level, in a clearly comparable manner.

 new

ANNEX III

SMART METERS

 2009/72/EC Annex I.2 (adapted)  new

• 1. 

  2. Member States shall ensure the implementation of intelligent  smart  metering systems  in their territories  that shall assist the active participation of consumers in the electricity supply market. The implementation of those metering systems may be subject to an economic assessment of all the long-term costs and benefits to the market and the individual consumer or which form of intelligent  smart  metering is economically reasonable and cost-effective and which timeframe is feasible for their distribution

• 2. 

  Such assessment shall take place by 3 September 2012.  shall take into consideration the methodology for a cost-benefit analysis and the minimum functionalities for smart

  metering defined in the Commission Recommendation 2012/148/EU as well as best available techniques for ensuring the highest level of cybersecurity and data protection. 

• 3. 

  Subject to that assessment, Member States  or, where a Member State has so provided, the designed competent authority,  or any competent authority they designate shall

  prepare a timetable with a target of up to 10 years for the  deployment  implementation of intelligent smart metering systems. Where roll-out of smart meters is assessed positively, at least 80 % of consumers  final customers  shall be equipped with intelligent smart metering systems by 2020  within 8 years from the date of the adoption of a national legal framework for the roll-out [].

' Member States shall ensure the interoperability of those metering systems to be implemented within their territories and shall have due regard to the use of appropriate standards and best practice and the importance of the development of the internal market in electricity.

 new

ANNEX IV

Part A

Repealed Directive (referred to in Article […])

Directive 2009/72/EC i (OJ L 211, 14.8.2009, p. 55-

93)

Part B

List of time-limits for transposition into national law [and application] (referred to in Article […])

Directive Time-limit for transposition Date of application

2009/72/ EC 03.03.2011 03.09.2009  new

ANNEX V

CORRELATION TABLE

Directive 2009/72/EC i This Directive

Article 1 Article 1

Article 2 Article 2

― Article 3

Article 33 Article 4

― Article 5

Article 32 Article 6

Article 34 Article 7

Article 7 Article 8

Article 3(1) , Article 9(1)

Article 3(2) Article 9(2)

Article 3(6) Article 9(3)

Article 3(15) Article 9(4)

Article 3(14) Article 9(5)

Article 3(4) Article 10

Annex I. 1 Article 10 ― Article 11

― Article 12

― Article 13

― Article 14

― Article 15

― Article 16

― Article 17

― Article 18

Article 3(11) Article 19

― Article 20

― Article 21

― Article 22

― Article 23

― Article 24

Article 3(12) Article 25

Article 3(13) Article 26

Article 3(3) Article 27

Article 3(7) Article 3.8 Article 28(1)

Article 3(8) Article 28(2)

― Article 29

Article 24 Article 30

Article 25 Article 31 ― Article 32

― Article 33

― Article 34

Article 26 Article 35

― Article 36

Article 27 Article 37

Article 28 Article 38

Article 29 Article 39

Article 12 Article 40

Article 16 Article 41

Article 23 Article 42

Article 9 Article 43

Article 13 Article 44

Article 14 Article 45

Article 17 Article 46

Article 18 Article 47

Article 19 Article 48

Article 20 Article 49

Article 21 Article 50

Article 22 Article 51

Article 10 Article 52

Article 11 Article 53

― Article 54 Article 30 Article 55

Article 31 Article 56

Article 35 Article 57

Article 36 Article 58

Article 37(1) Article 59(1)

Article 37(2) Article 59(2)

Article 37(4) Article 59(3)

Article 37(3) Article 59(4)

Article 37(5) Article 59(5)

Article 37(6) Article 59(6)

Article 37(7) Article 59(7)

Article 37(8) ―

― Article 59(8)

Article 37(9) Article 59(9)

Article 37(10) Article 60(1)

Article 37(11) Article 60(2)

Article 37(12) Article 60(3)

Article 37(13) Article 60(4)

Article 37(14) Article 60(5)

Article 37(15) Article 60(6)

Article 37(16) Article 60(7)

Article 37(17) Article 60(8)

Article 38 Article 61 ― Article 62

Article 39 Article 63

Article 40 Article 64

Article 43 Article 65

Article 44 Article 66

― Article 67

― Article 68

― Article 69

Article 49 Article 70

Article 48 Article 71

Article 50 Article 72

Article 51 Article 73

Article 3(9) Annex II.4

Article 3(5) ―

Article 3(10) ―

Article 3(16) ―

Article 4 ―

Article 5 ―

Article 6 ―

Article 8 ―

Article 41 ―

Article 42 ―

Article 45 ―

Article 46 ―

Article 47 ―