On Monday 23 September, the European Commission published the final recommendations of a total of 9 documents designed to support EU countries in transposing the revised Energy Efficiency Directive (EU) 2023/1791 (see EUROPE 13256/25).
Like the previous publications (see EUROPE 13474/2), the new documents - devoted specifically to consumer issues and energy services - aim to clarify the Commission’s view of the new legislation’s most complex aspects.
Consumers. Published on 23 September in the Official Journal of the EU (OJ), the recommendations on consumer provisions concern Articles 21 (‘Basic contractual rights for heating, cooling and domestic hot water’), 22 (‘Information and awareness raising’) and 24 (‘Empowering and protecting vulnerable customers and reducing energy poverty’) of the directive.
In addition to clarifying a number of terms in the directive, the document emphasises that the beneficiaries differ depending on the article. The provisions of Article 21 mainly concern customers and end-users, as well as suppliers as contractual partners (the latter being the only ones to have obligations under this article).
Article 22 is aimed at all the market players concerned, while Article 24 targets “people affected by energy poverty, vulnerable customers, low-income households and, where appropriate, people living in social housing”.
The document then includes details of Article 2 on the minimum required information to be included in the contract between the end customer and the supplier, methods of payment and the designation of one or more authorities responsible for enforcing consumer protection measures.
With regard to Article 22, the document makes recommendations on the transparency, accessibility and dissemination of information on energy efficiency improvement measures and the establishment of a one-stop shop.
Clarifications concerning Article 24 include, among others, defining the concept of vulnerable customers and how to ensure that these customers have access to appropriate financing, aid or subsidies.
Finally, the document recalls the obligation for Member States to present their national progress reports as part of the update, every ten years, of the integrated national energy and climate plans (NECP), covering in particular energy efficiency and measures taken to combat energy poverty.
Recommendations on Articles 21, 22 and 24: https://aeur.eu/f/dk2
Energy services. The recommendations published in the Official Journal on 20 September provide guidance on how to interpret Article 29 of the Energy Efficiency Directive, which deals with the role of energy services.
In particular, the document gives a full definition of the term ‘energy services’.
It goes on to detail the public policy measures to be implemented by Member States in order to improve the use of energy services by energy consumers in all sectors.
The document also specifies the obligations related to understanding and removing regulatory and non-regulatory barriers that hinder the proper development of energy services markets, as well as planning and reporting requirements.
Recommendations regarding Article 29: https://aeur.eu/f/dk3
The list of 9 guidance documents and recommendations: https://aeur.eu/f/dk4 (Original version in French by Pauline Denys)