Winter package of energy regulations
The Winter Package is considered to be for the Clean energy for all the Europeans and such is considered to be intended to achieve through the several objectives of the European Union. These objectives are considered to be on energy as well as climate and they have been laid down in the Paris Agreement of that in the year 2015. The package is considered to consist of eight new legislative initiatives which would permit the European Union to decrease and reduce the CO emissions in the future as compared to that of the past (Hancher and WINTERS 2017). There had been an amendment to such through the directive 2010/31/EU, which would be for the performance of the energy on the buildings, and such would be considered to be adopted on the 14th of May 2018 and this was the first step. Pursuant to such, amendment the member states are considered to be obliged in order to establish the renovation strategy which was long term in order to convert the public as well as the private buildings for the energy efficient as well as the decarbonized buildings. The reform also continues with the various publication on that of the 21st December in the year 2018 which would be of three instruments and such was entered into force on the 24th of December in the year 2018. These would be through the Governance Regulation (2018/1999), the Renewable Energy Directive (2018/2001) and the Energy Efficiency Directive (2018/2002) (Hancher and Winters 2017).
2.1. Impact of new technologies on electricity consumers
The most significant pressing legal question for energy transition is considered to be the integration of the prosumers, consumers who are considered to produce the electricity in the market. The influence of these prosumers remain restricted or limited because they are considered to be independent market participants and due to such they are regulated or governed by the remuneration schemes. The blockchain technology is considered to offer changes in the approach of the ‘integration in the market’ by ‘becoming the market’ through enablement of peer to peer transactions and transfers. In the present situation, the transactions are considered to be facilitated by third parties or the suppliers and other system operators and their main task is considered to be assembling and amalgamating information centrally by coordinating such loads and generation along with contracting those with the supply and distribution of the various services. As an alternative to such the blockchain technology is considered to enable several new techniques and ways which would help in organizing the decentralized persons without any kind of immediate need for an entity which would be centrally connected. These are considered ti imply profound legal and other kinds of policy consequences.
Thus, the EU Commission is considered to foresee the empowering consumers as a significant part of the energy transition. There has been an emergence of the blockchain technology which helps in advancing the role of the consumers by providing a new concept of peer to peer transactions in that of the electricity sector. These are considered to challenge the present structures for governance for the sectors, which have been established by the European Union electricity law and have been tailored to an organized sector, which is centralized. The centrally organized sector is also considered to be referred to as the electricity sector, which consists of large remote generation, which are primarily based on sources, which are conventional or they have high-voltage transmission systems which are considered to serve as the backbones of the low-voltage distribution systems known as appendages and such passes on the electricity to the point where the electricity is considered to be finally consumed. The electricity law is considered to define and explain the actors and their rights and duties along with various conventional electricity supply chain. The application of the blockchain technology in the sector is considered to cut through the definitions of the actors.
The significance of analyzing the development of the blockchain technology is considered to be in relation to the electricity sector as such is not only in accordance with the technical novelty of that of the blockchain but it is also through energy law. The legal development of energy law is considered to take place through organization of goals, security, sustainability and marketing regulation, which takes place in the energy sector (Lavrijssen and Carrillo Parra 2017).
The present legal framework is considered to develop the electricity sector of the European Union. This is to ensure security, competitiveness and the sustainable supply of electricity. These goals are considered to be accomplished and it also bears potential conflicts which at times is referred to as the energy policy trilemma. These policies are also considered to be enshrined in various legislations, which comprises of the common rules for internal market in the electricity. These have caused an impact in order to substitute the shares and try to increase the final consumption, which would help in initiating various national support schemes. The structure of governance in the electricity sector is considered to determine the technical setting of the system and such would also establish a liberalized internal electricity market. The subsequent measures that have been taken help in liberalizing the sector.
Even though there have been smart electricity grids one of the most noticeable changing actors are considered to be the consumers who have been consuming the electricity passively and also has been involved with electricity generation. In the EU there have been three different systems which enable the prosumers to feed the electricity to that of the grid. However, it is only enabled or done if such is considered to be free. Therefore, there are other prosumers who are considered to be offered compensation on a regular basis, which would be for the surplus electricity through decrease in their energy bills, which helps in building, and establish a financial retribution at the price in which the electricity is sold. These systems are not considered to entail any kind of incentive in order to adjust the demand, which would be according to the availability of the variables along with the grid capacities. These are considered to foster the stress on the grid capacities and the several inefficiencies related to energy, which are considered to be aggravated. With the help of transparency and the availability of the information on various real-time prices, the consumers are considered to engage in direct transactions. Therefore, the concept of the blockchain technology is considered to be increased and accelerated due to its necessity.
The growth and advancements of new technologies are considered to change the role of the consumers, which evokes the smart grids in order to integrate the new actors in various governance structures of that of the electricity sector. The blockchain technology is considered to promise the consumers to evolve into a market, which would be independent, and the participants of such market would be engaging in the market transactions. These are considered to empower the consumers and inevitably revoke the incumbent role which had been established by the EU electricity law. Therefore, the substitute which was considered to be a blockchain technology had various features which helped the EU shift to this as such had caused various positive impacts on the consumers (Lavrijssen 2017).
2.2. Directive 2019/944 – what is changed regarding consumers
There have been various new developments pertaining to the areas of electricity network codes, which have prompted the recent adoption for Clean Energy Package. The reorganization of the electricity Regulation is considered to explicitly list various areas for other network codes and guidelines. The Member states are considered to be allowed or permitted by the Directive to experiment with various innovative regulation. These later inspire and encourage the development of the European principles which are new and points out the amendments which are considered to be necessary to network these codes and guidelines.
The consumers are considered to be given the right to access and share the energy data by the EU legislation from the Third Energy Package and the General Data Protection Regulation for the Clean Energy Package (CEP). There have been several general principles that have been laid down by the reorganization of the e-Directive for the Member States, which helps in dealing with the consumer data. Among these, the member states are also considered to create some kind of adequate regulatory framework, which would help in organizing the management of the consumer data. The Existing Data Management Models are considered to vary between the member states. They comprise of distinct and separate roles and other responsibilities or duties along with the legal frameworks and informal rules. These Data Management Models are considered to have different dimensions, which creates a fundamental distinction between the decentralized and the centralized models. The centralized models are considered to be structured and in the decentralized model the significant aspect of the management are decentralized and within the responsibility of the DSO.
In spite of widespread agreement, the best solution would be to manage the consumer data, which needs to be evaluated and assessed for each of the national context. Due to a lack in the standardization and interoperability such can pose barriers to that of the retail competition. These can create the entry barriers more accurately, to the national retail markets primarily in order to expand the business to several other member states. The necessity of the interoperable solutions are also considered to be reflected through the provisions of the Clean Energy Package.
Article 23 of the e-Directive is considered to state that the member states shall be able to organize the management of data in order to ensure the efficiency and secure such data access and exchange along with the protection of data and the data security. The Clean Energy Package is considered to express no preference of a single DMM over other. As an alternative to such, the principles, which have been laid down, is applicable to the DMM independently. In order to ensure compliance with that of the requirements of the e-directive, the member states or any other competent authority supervise as well as certify the parties where such is considered to be applicable for the data management. Furthermore, in Article 24 of the e-directive it is considered to address the need for the Member States, which would be to facilitate the full interoperability of the energy services within that of the Union to promote the competition in the retail market in order to avoid the excessive administrative costs.
In the domain of the consumer data management, none of the areas, which have been designated for new network codes, would be listed in Article 59 of the e-regulation which would be directly applicable. However, if such is considered to be regarding the inoperability the Article 24 of the e-directive also provides that the Commission shall be able to adopt through implementing the Acts and the requirements of the interoperability, which could be non-discriminatory as well as transparent for procedures in order to access the data. According to the network codes along with the CEP it can be adopted either as that of a delegated act or implementing acts. Therefore, it can open up the possibility for various interoperability requirements and other procedures for the data, which would be across all the Member States in order to be defined by a new network code. Presently, the European Commission is considered to implement the act, which would be to address on the basis of the provision in Clean Energy Package.
The European Parliament along with the Council of the European Union have established a directive which are on common rules for the internal market for various electricity and amendment of the Directive. These were considered to be in connection to the proposal from that of the European Commission after the transmission of the draft legislative act to that of the national parliaments. These are also in relation to the opinion of the European Economic and Social Committee and such has been in relation to the opinion of the Committee of the Regions. These would be acting in accordance with that of the ordinary legislative procedure. Whereas, on the other hand, a number of amendments are considered to be made through the Directive 2009/72/EC of that of the European Parliament and that of the Council. It is in the interests of the clarity that the directives are considered to be recast or reformed. The internal market which is for the electricity has been implemented progressively throughout the Union since the year 1999 which is considered to be for the purpose of organizing competitive electricity markets which are across the country borders in order to deliver the real choice for all final customers of the Union which can be the citizens, or the businesses and other new business opportunities along with the competitive prices. It can also be through the efficient investment signals and other higher standards of the services, which would help in the contribution to that of the security of supply as well as sustainability.
The Directive 2003/54/EC of that of the European Parliament and that of the Council along with the Directive 2009/72/EC have provided with essential contributions towards the various creation and constitution of the internal market for the electricity. However, it has also been understood that the Union’s energy system is considered to be in the middle of a profound change. The common objective or goal of decarbonizing the energy system is considered to create new opportunities and difficulties for other market participants. Similarly, the technological developments permit for various new forms of the consumer participation and other cross-border cooperation where it is necessary to adapt the Union market rules in order to create a new market reality.
The Commission Communication which had been held on the 25th of February 2015 was considered to be entitled as ‘A Framework Strategy for a Resilient Energy Union with a Forward-Looking Climate Change Policy’ sets out a vision which would be of an Energy Union with the citizens at the central or at the core where the citizens are considered to take ownership of the energy transition and they would be able to benefit from the new technologies in order to decrease their bills and be able to take part actively in the market where the consumers who are considered to be vulnerable are protected.
In this current Directive, the consumers are considered to play a significant role in order to achieve to achieve the flexibility, which is necessary in order to adapt the electricity system to variable, which is considered to be distributed, and in a renewable electricity generation. The technological advancement as well as development in grid management is considered to help in the generation of the renewable electricity, which has unlocked various opportunities for the consumers. Healthy competition that takes place or occurs in the retail market is considered to be significant to ensuring the market-driven deployment for several innovative new services which are considered to address the changing needs and requirements of the consumers along with their abilities which would also increase the flexibility of the system. However, it has been understood that, due to the lack of real-time information, which has been provided to the consumers about the energy consumption such, has prevented them from the part of being active participants in that of the energy markets along with the energy transitions. Through the empowerment of the consumers they are considered to provide them with several tools in order to participate more in the energy market which would also include participating in various new ways which has been intended for the citizens who are a part of the Union to benefit from the internal market for the electricity and for such the targets of the renewable energy are considered to be obtained.
It also promotes easy access and fair competition for different suppliers and it is considered to be of utmost importance for the various Member States. It also helps and allows the consumers to take advantage of the opportunities for a liberalized internal market for the electricity. Nevertheless, it is considered to be possible that the failure of the market perseveres in peripheral small electricity systems and those systems which are not considered to be in connection with the other member states where these prices are considered to fail in order to provide with the correct signal in order to drive investment.
Therefore, to conclude it can be understood that the greater consumer protection is considered to be guaranteed through the availability of independent and out-of-court dispute settlement, which would also be effective. These are a few of the mechanisms for all kinds of consumers and these would be similar to that of the energy ombudsman or any regulatory authority or consumer body. Through this Directive, the member states are considered to introduce certain speedy and effective procedures, which would assist in handling the complaints.
2.3. Consumers as electricity producers (consumers vs prosumers)
A prosumer is considered to be both a power consumer along with the producer. Consumers are considered to become the potential prosumers where they are considered to install some generation unit. They are considered to be growing in the energy space as the active energy consumers are known as prosumers. The prosumers consume the electricity and produce them. These are considered to change the electricity system dramatically. There have been various kinds of prosumers such as the residential prosumers, the commercial prosumers. The increase in the number of the prosumers have been initiated through the fall through the cost of renewable energy technologies and these are considered to be the solar panels as some of the Member States produce electricity which would be at the cost which would be similar or lower than the retail prices (Heinemann 2018).
The profitability is considered to partly depend on the share of the electricity, which is to be produced by the prosumers as they have the authority to consume it themselves. However, while these have the option to decrease and reduce the bill it can create difficulties for the traditional energy generators along with the various grid operators. The EU is also considered to have no specific legislation, which would be on the prosumers for self-generation or for self-consumption which would not be considered to be a common definition for the prosumers. Nevertheless, the Energy Efficiency Directive along with the Renewable Energy Directive and Guidelines on the State Aid would be including the provisions that would be relating to the small-scale electricity producers. The European Parliament is also considered to call for a common operational EU definition relating to the prosumers and for the new energy legislation in order to provide with several measures for encouraging and supporting the investment into the self-generation capacity.
Prosumers are considered to be a new term in the energy field, which often denotes the consumers who are considered to produce, and along with such sell the excess amount to the grid. These are considered to make them the producers as well as the consumers. There have been several examples of prosumers which includes the residential prosumers where the citizens are considered to produce the electricity which would be on the basis of their property primarily through the installation of the solar PV panels and these would be on the rooftops or through the micro combined heat along with power. The community or cooperative energy are considered tp be another example which is citizen-led renewable energy cooperatives, these can also be the housing associations, foundations or charities which are not considered to be commercial actors however, they produce energy which is considered to be meant for self-consumption largely through solar PV panels and through the wind turbines. The commercial prosumers are considered to be the department stores along with various office buildings or other industry and several other business entities where the primary business activity is not considered to be the electricity production but those which would self-consume the electricity that they produce and these would mainly be through the rooftop PV panels and CHP and these would be leading to cost-savings which would be essential. Lastly, there are public prosumers also available who are going to be found in schools, hospitals and various other public institutions which would self-generate the electricity (Rosenow, et al., 2017).
Nevertheless, self-generation is not considered to be a defining feature for the prosumers. A broader understanding of the term would cover all the consumers who not only consume the energy passively, but also participate actively in the market. Thereby such is considered to generate the value for themselves along with the other players in the energy market. The prosumers for instance, are considered to produce the energy savings through several energy efficiency measures and demand shifting of the energy to a period or time where the supply would be considered to be more abundant. These would decrease the demand and would also have a value in the market. In addition to such, it would also help or assist in balancing the electricity systemand for such the prosumers would be compensated. Surplus electricity could also be sold from the energy storage.
There have been a drastic reduction in the cost of the RES technology along with an explosion in the number of the citizens who would be producing their own energy which is in the EU. This is considered to have happened in the case of photovoltaic panels or the PV panels which are the Joint Research Centre (JRC) according to the European Commission. These are considered to be the cheapest new technology for the energy production which has been available in the current situation. The JRC is the most competitive markets where the prices of the residential PV solar systems have fallen. Therefore, the member states have come up with new schemes or initiatives which would be used as energy action plans for the future (Carlini, et al., 2017).
Due to the fall in the costs of the PV panels, the member states have achieved grid parity. It also depicts that all the costs, which have been incurred throughout the lifetime, have been taken into consideration. Additionally these produce electricity that is similar to the costs of the electricity of the grid. After accomplishing the grid parity for the residential consumers these have assisted by increasing the retail prices in the European Union, which are considered to poorly, reflect the prices of energy, which are wholesale. Therefore, it can be understood that the accomplishment of the grid parity is considered to be challenging for the various commercial prosumers due to the lower prices for electricity in the industry.
The payment of the prosumers are considered to be through net-metering or through feed-in tariffs, it can also be through feed-in premiums. It can be through competitive auctions and through requests for the tenders. There has been no specific legislation or regulatory framework on the prosumers for any self-generation or self-consumption. It does not have any common definition of prosumers. Therefore, it can be understood that the energy transition would be for a low carbon society and this is considered to be high on the agenda or propaganda of the European Union.
It can be understood that in the current scenario, the electricity market in Europe would primarily be on an energy-only market where the generators are considered to be remunerated for the electric energy. If the generators were considered to be remunerated for various generation capacity then would have the market available which would be for the capacity. The shift in the policies toward a more sustainable approach or environmental friendly energy supplies would provide with essential incentives for the renewable power investors and such has led to a tremendous innovation for the technologies of this generation. The market conditions in the present day are considered to be completely different from the way they were considered to be before the liberalization which had started for some twenty years ago. The competition was considered to bring greater efficiency and new kind of difficulties and challenges for the market players. The electricity market in Europe is considered to provide with a unique undertaking and the EU is developing at a rapid rate, which progressively harmonizes the national as well as the regional electricity markets. These happen in order to form a single market, which would be benefitting more than the five hundred million people. The nonappearance or absence of the restrictions or the limitations would be on electricity trade would be between the European countries except for the several availability of the cross-border capacity which is considered to be a big achievement. Therefore, it can be understood that the liberalization of the authority and the power for the markets would lead to various substantial changes in the way, which would help in the generation of the electricity, which would be used. This has created and made way for competition, which is in a way of traditionally monopolistic and conservative industry and such permits the new business models which are considered to emerge as the new players in order to challenge the utilities which are incumbent and mandatory or obligatory.
2.4. Consumer rights
The consumers are considered to be at the centre for the European Union’s energy policy. These also take a wide range of the initiatives which has been used in order to make the consumers an active part of that of the clean energy transition which would help or assist in saving energy as well as money. The rights which are provided on protecting the consumers are considered to be consisting of information and such would be offering them the options on how they would be able to take part or participate in the energy market. They would be protected in a better way and there would be stronger position on the energy supply chain. The citizens in the EU are considered to enjoy the various general consumer rights which are guaranteed in that of the EU legislation. These are considered to be a set of defined energy which would be in connection to the rights that have been enforced and implemented since the opening up of the various energy supply market (Valant 2015).
The energy consumer rights have been set clearly in the national laws of that of the EU countries and these must reflect the provisions in that of the EU legislation. On the basis of such the national legislation is considered to provide with an example which would act as a guarantee to the consumers along with their rights. AN electricity connection is considered to be necessary so that the different households are connected with that of the local electricity. The network is also considered to supply with the electricity. The choice of the electricity along with the gas suppliers are considered to be easy and the fast switch of the suppliers are without any kind of extra charges. There are clear information relating to a contract and the right for such withdrawal. The information is considered to be accurate and precise which would be based on the consumption and in addition to such the billing which would be based on such (Marhold 2016).
The Clean energy would be for all the Europeans and such had been adopted in the month of May enforced in the year 2019. This is considered to be a legislative framework which would help in accelerating or increasing the clean energy transition. The package is considered to include eight legislative files where the four would be considered to be collectively known as the electricity market design. The new rules are considered to outline a framework which would be comprehensive for the protection and benefit of the consumers. The information along with the empowerment would be in the electricity sector of the EU which would be in the form of energy bills as such would be made clearer and the customers are considered to get a summary of the contractual conditions which are significant and primary. These would help and assist in providing the consumers with better understanding of the various complex terms and the various other conditions. The providers are also considered to give an access, which would be free of charge to at least one of the energy comparison tool, and these would be permitting or allowing the consumers to find the best deal in the market premises. It would also assist the consumers to control their costs in a better way and provide with information through the electricity bills as such would be enhanced and improved.
2.4.1.1.1. Right to energy management
The Energy bills are considered to be confusing at times and most of the individuals do not understand the payment for such bill. The bills need to include and consist of key information which would be the price which needs to be paid by the consumer or the individual, the date of the payment, the information regarding consumption on the duration of the contract and how to switch the suppliers or lodge a complaint regarding the bill. The most crucial information in an energy bill is considered to be the amount, which needs to be paid and such, should be detailed in every way which would also require it to have several pages for the information to be available to the consumers or the individuals. It should have detailed breakdowns on different pages. There should be no technical terms used and such language should be strictly avoided. Therefore, when it comes to the energy markets the bills, which are considered to be incomprehensive, have difficulties or problems in substituting between the several providers. It also has difficulty in accessing the redressing of the tools, which are existing in order to determine and compare the prices, and these are in common place. The new technological developments along with the market developments which are considered to be smart metering or the various demand response offer opportunities and scope which are new and enhanced but these however also creates new risks for the individuals who are considered to be consumers. The BEUC is considered to continue to see how these tendencies would affect and impact the consumers and their situations and when the legislation is considered to proposed by BEUC it would work in order to ensure and safeguard the consumers and would work towards creating more benefits for the well-being of the consumers or the individuals and try to increase the rights and the protection of these individuals or the consumers. There have been new laws which have been proposed by the Parliament where the consumers along with the local communities are considered to have the possibility to participate in an active manner in the electricity market. They would be able to produce their electricity by themselves and can consume such or the consumers can sell it to other individuals which acts as a substitute (Bouzarovski and Petrova 2015).
2.4.1.1.2. Right to change supplier
The new rule is also considered to state that the consumers would be easily able to switch the suppliers in the electricity sector within the time period of three weeks. By the year 2026 they are considered to do such within the time span or time period of twenty four hours. These would be without any kind of fees except in the cases where the consumers would have entered into any fixed term contract with the supplier and before the expiry of the time period the consumers wanted to terminate their agreement or contract. The fees as per this new rule would have to be proportionate and it cannot be considered to exceed the direct economic loss to that of the supplier. The customers or the consumers would also be able to request a smart meter which would help and assist in showing the consumption of the energy and the cost which would be relating to such in real time as such can be read remotely. These smart meters should be installed in a way which would be under fair conditions and circumstances which would be between the four months of the request put forward by the consumers. The countries who are considered to be a part of the European Union are considered to ensure and safeguard the roll out of the smart meters. However, they are not considered to be obliged to finance the costs during the installation of such if the costs are considered to outweigh and compensate the benefits. The consumers have to be adaptive and their usage of the energy also needs to be according to the real time prices signals which are available in the market if they decide on opting for a dynamic electricity price contract which is considered to be an option which had been already decided and foreseen in the new rules (Leal-Arcas, Lesniewska and Proedrou 2018).
2.4.1.1.3. Right to be informed about the account
The countries who are a part of the European Union are considered to ensure the supply of the electricity to the customers or the consumers who are considered to be vulnerable and to those customers where the households are considered to lack access to various modern energy services which would be for instance, by providing some kind of benefits through several social security systems. The national legislation is considered to provide a guarantee and the consumers have the right to receive clear information regarding the energy contract before being able to sign and advance any kind of notice relating to the changes which can be made to the contract or the agreement. This would be with the possibility to end or terminate the contract if the conditions which have been put forward have not been accepted and the new conditions have not been approved. The consumer also has the right to withdraw from any new contract or agreement within that of fourteen days if the contract or the agreement is considered to be concluded outside from the supplier’s business premises or by any kind of distance means relating to communication which can be either through telephone or the internet.
The contract should be with the supplier of the electricity and or gas which should be inclusive of the details like the name along with the address of the supplier. The type of service for supply and its quality or the date from which such supply would begin. The type of the maintenance service which would be offered. How the information on the tariffs and the maintenance charges can be obtained. The time period or the duration of the contract. The conditions for the renewal or the withdrawal or for the termination. The compensation or the refund which the consumer has the right to if the supplier is not considered to meet with the obligations. How to file for a complaint or a dispute and how it can be settled in case the services received by the consumers were considered to be unsatisfactory (Andersen, Goldthau and Sitter 2016).
The supplier must also provide with the information prior to the signing of the agreement or the contract. The contract needs to be clear and precise and it should also be comprehensible. The agreement or the contract should also avoid any kind of non0contractual barriers. Which would be excessive documentation. If the contract or the agreement is considered to be concluded for the supply of the electricity or the gas supply outside of the premises of the supplier through any means of distance which would be through telephone or the internet then the consumer is considered to have the possibility to withdraw or take back if there has been any kind of change in mind within the time period of fourteen days from such conclusion. The contract or the agreements allows the supplier of the gas or the electricity to vary with the prices related to energy. The contract or the agreement is considered to clearly state in a clear, precise and accurate manner the reasons and the objectives for the change in the prices and the method should also be mentioned. The supplier also has to provide the consumer with the information of the intention to change or modify the contract which would be based on the prices. If the prices are considered to be increased then such needs to be communicated with the consumers in a manner which would be transparent as well as comprehensive. After such, the consumer is considered to decide whether they would want to continue with the services or end/ terminate the contract or agreement. These would depict whether the consumer or the customer would agree with the increased prices and accept the new conditions, which had been put forward by the supplier relating to the increase in the prices, or reject the idea relating to such (Cortés 2016).
2.4.1.1.4. Protection of Consumer Personal Data
The General Data Protection Regulation are considered to come into force across that of the European Union. It was intended to refurbish the way that the companies are considered to collect and use the personal data. The GDPR is considered to put the burden on various companies, which would help in ensuring that they have several lawful basis in order to collect such processes for the personal data. It is also considered to require the mechanisms in order to allow the data which would be subjected to exercise the various new rights which are considered to be available to them which would be under GDPR. There are certain breach reporting requirements which would be strengthened with the requirement and such would be to report most of the breaches for the relevant authority which would supervise within the seventy two hours. The authorities, which are considered to supervise, have increased the enforcement powers in order to include the ability which would be to impose some kind of fines for the twenty million Euros or four percent of total worldwide annual turnover. The compliance would be with the various requirements of the GDPR, which would present some kind of a change that would be specific in nature, and these would be within the energy sector. The big data is considered to be defined in ways that would be within the reference of ‘three Vs’. These would be through Volume, Velocity and Variety. The Volume would be the size pertaining to the dataset. The velocity would be the real-time nature of the data or the information along with the variety, which would be referring to the various different sources of the data. These definitions are considered to be not precise or accurate at all times. A substitute for the big data is considered to be an extremely large data set which would not be analyzed using various traditional methods.
The protection could be given through fairness as well as transparency and there needs to be lawful basis for various processing. The GDPR is considered to require that the personal data can also be collected or specified explicitly. These would be through legitimate purposes and it would not be further processed by any incompatible manner. There are data minimization techniques, which are used, and such would be problematic as it is considered to require the personal data, which needs to be held as well as processed, and these should be limited for the minimum purposes, which would require such for its collection. There are various practical issues regarding the data subjects and such would be used to exercise the rights, which would be under the GDPR in connection with the big data. The data subjects are considered to have various rights which would be under the GDPR. These would also include the right to request the confirmation that would be through their personal data and such is considered to be processed. The copies of these personal data can be accessed to correct and rectify the inaccuracies. These would be to limit the processing and have the personal data transferred or moved to some other entity and it would also consist of the right to object the processing.
There have been specific rules, which are related to the automated decisions, and such would be made through an individual that might have a legal mortgage rejection or any acceptance, which would be similar to the significant effect. In practice, it is considered to involve and include explicit consent, which would be referenced, and such would be automated through decision-making within any privacy in order to get the explicit consent regarding the data subject.
Therefore, it can be understood that the energy sector is considered to face various challenges or difficulties, which would be significant if the large data sets are considered to be benefitted as well as utilized and these would be available during that time. It would be in compliance with the GDPR and the rights of the individuals would be considered to be protected (Ortega-Izquierdo and del Río 2016).
2.4.2. The pros and cons of greater consumer rights
The consumers are considered to be at the centre of the sector of the Energy Union. The Energy is considered to be critically good which is essential in its absolute sense in order to be a part of full participation that takes place in the modern society. The transition of the clean energy is considered to be fair for all the sectors or the regions and such would be considered to be vulnerable for the parts of the society and this would create an impact through the transition of the energy. The consumers are considered to embrace such kind of transition. The consumers who are across the European Union is considered to be entitled to generate electricity, which would be for the consumption. The Commission is also considered to increase and accelerate the various deployment of the smart meters, which would help in ensuring the access to any dynamic price of the electricity contracts, which would be considered to be essential in order to bridge the gap between the various consumers along with the market. The consent of the consumer is also considered to be an essential factor as the valuable consumer data would be available within the market actors who would be able to offer the consumers or the customers some kind of tailor-made solutions. These would be better governed or regulated which would be non-discriminatory and such could be accessed which would have consumer data and these would benefit the consumers by way of increased competition among the several market actors (Dutton 2015).
The operations pertaining to billing, or changing of the suppliers, and getting or obtaining a new agreement or contract while moving houses would be considered to be easier and quicker as such would be more accurate for all the consumers due to the improvement in the management of the information for the customer digitally. The consumers or the customers also get access to some kind of information which would be reliable and clear in order to score best deals in the market. These would be through the usage of certified online price comparison tools which would also help them in assisting them by making choices based on their knowledge. These new rules are considered to protect the consumers by providing them with high level protection through sound management of the consumer data. In spite of such, energy poverty is considered to be a major challenge which exists throughout the European Union and these have their roots in various low-incomes and housings which are energy inefficient. This could be understood as a con for greater consumer rights. The vulnerable consumers are considered to be protected and the member states decrease or reduce the costs of the energy for the various consumers, which would be through support of the investments, which are energy efficient. Therefore, to conclude, the consumers are considered to get barriers in order to switch as well as compare. They also get barriers to certain vulnerable situations and digital exclusion (Micklitz 2015).
2.4.3. Bodies protecting the rights of electricity consumers
The Commission is considered to employ people or individuals and they would be represented through an overall economy. The turnover of the electricity industry would be amounted to billions of euros and it would try to achieve all the energy as well as the climate targets and create new job opportunities for the individuals. The consumers are considered to be provided energy efficiency package and this would provide with clarification on the provisions relating to metering and billing for the thermal energy on the basis that such would be with regard to district heating along with cooling with the help of central supply of the heat as well as cooling hot water. It also ensures an access, which would be for a clear consumption of the information and for feedback that is more frequent for the consumers. The commission in order to strengthen the protection, which is given to the consumers, provides with a positive spill-over effect which would be in connection to the social aspects of the energy efficiency. These are considered to improve the living conditions and also saves money which is considered to be particularly important for the low income families who are not able to heat their homes properly and therefor they cannot afford any kind of renovation which would be efficient.
The European Council has set a framework for such which would be considered to be transparent as well as reliable for the governance system. These would be without any kind of unnecessary administrative burden, which would be developed in order to ensure the EU to meet the requirements relating to energy policy goals. It can be understood from the case of T‑793/14, Tempus Energy Ltd, Tempus Energy Technology Ltd v European Commission.
The proposed Regulation on the Energy Union Governance helps in setting out the necessary legislative foundation, which would be for the Governance of the Energy Union. These would also be complemented through non-legislative measures and the actions. These measures would be facilitating the measures, which would consist of the efforts to ensure the full participation of the various member states but would not limit the consumers as well as the producers or the stakeholders would be at large for all kinds of governance process. These would help in building capacity within that of the national administrations along with various funding to provide for an advantage for the private investments. The consumers along with the civil society have increased their transparency along with better regulation, which would mean several possibilities in order to engage or be involved in the preparation for the national energy as well as the climate plans. The consumers are considered to have access to a speedy as well as effective complaint handling procedures, which would be there in order to address some kind of dispute, which would be eventual with the energy providers. There are various effective complaint handling procedures where the consumers would be able to file a complaint. The BEUC members have stated that such procedures can be lengthy and burdensome. In the European Union, the consumers can go to the BCEU members in order to exercise their rights to solve the disputes and go to the Court of Justice for solving their disputes. It can be understood from the case of Deutsche Post and DHL International v Commission, T‑388/03 (Hatzopoulos 2018).
2.4.4. Review of the case law of the Court of Justice
Germany v Commission (T‑47/15, ‘the judgment under appeal’, EU:T:2016:281)
In this particular case, the German legislature had adopted a specific law which was to revise the legal framework for the promotion of the electricity production form the renewable energy. The proceedings which had been before the General court and the judgment which was in appeal consisted of an application which had been filed at the Registry where the Federal Republic of Germany had brought some kind of an action on the annulment for the decision which was at issue and such had raised three pleas, which was rejected by the General Court. The General Court had also rejected specific paragraphs of the judgment, which were considered to be under the appeal. The General Court had also endeavored to show that there was no error by the Commission on the three sets of considerations for the judgment. The General Court had concluded upon through analysis that the EEG 2012 Result was due to the implementation and execution of a public policy which had been laid down through the EEG 2012 by the state in order to support the producers of the EEG electricity and that the funds had been generated by that of the EEG surcharge and the administration was done collectively by the TSO which remained under dominant influence of the various public authorities. In addition to such, the funds involved state resource and therefore they could be gathered to a levy and such powers and the tasks would be concluded. It would be given to the TSOs, which would not act freely but act according to the states through the state funds as well as state concession. There were several forms of order, which had been sought, and the procedures, which were considered to be held before the Court of Justice. The Federal Republic of Germany had put forward three specific grounds for appeal which comprised of the infringement of Article 107(1) TFEU and the failure to detect the obligation to state the several reasons on the basis of the judgments. It had been claimed by the Commission that the grounds were considered to be ineffective and alternative and the other ground was considered to be unfounded. The court or the Third Chamber had set aside the judgment which had been provided by the General Court of the EU and along with such had annulled the decision of the Commission. In addition to such it had also ordered the European Commission to pay for the costs in connection to the proceedings of the appeal as well as the proceedings relating to the first instance.
T‑793/14, Tempus Energy Ltd, Tempus Energy Technology Ltd v European Commission.
In this particular case, the applicants who were considered to be Tempus Energy Ltd along with the Tempus Energy Technology Ltd sold electricity consumption management technology which was also considered to be known as the demand-side response to various individuals and other professionals who used to hold a license in order to operate as an electricity supply business in the UK. This service was considered to create cost efficiencies in the electricity supply chain through the combination of DSR technology along with the services provided by the electricity supplier. It was considered to be apparent from the several documents provided in the court for the DSR operators to enter into any kind of contractual agreements with the energy customers where the customer agrees to be flexible in connection to the consumption of the electricity at specific time-periods. Tempus were considered to seek annulment for the decision of the Commission in order to not raise any kind of objections to aid scheme in the UK for the capacity market as such was considered to be compatible with the internal market which was pursuant to Article 107(3)(c) TFEU. The relevant guidelines which had been used were considered to be on the basis of the exercise of the power of assessment as these did not contradict any kind of Treaty rules or the Policy rules which were contained as well as followed by the Institution from the judgment of Netherlands v Commission, C‑382/99, EU:C:2002:363. The decision, which had been given by The General Court (Third Chamber, Extended Composition), was that the decision of the Commission had been annulled and such were not considered to raise any kind of objections in order to aid the scheme for that of the capacity market in the UK. The European Commission had been ordered to bear the costs on their own and to pay for the costs, which had been incurred, by the Tempus Energy Ltd and the Tempus Energy Technology Ltd. It also ordered the UK to bear their own costs.
DHL International v Commission, T‑388/03
This particular case was considered to be on the state aid where the decision was not to raise any objections. It also provided with an action regarding annulment. The parties to the case were considered to be Deutsche Post AG (Bonn, Germany) and DHL International (Diegem, Belgium) and the defendant were considered to be Commission of the European Communities. This particular case was relating to the Annulment of the Commission Decision w2hich was in connection to the no objections for the subsequent preliminary examination procedure which had been provided for in the Article 88(3) EC for the several measures, which had been adopted by the Belgian authorities, which were in favor of the Belgian public postal undertaking. The operative part of the judgment were considered to be held by the court which aimed at annulling the decision of the Commission and raised no objections which were subsequent to the preliminary examination procedure and such had been provided for in the Article 88(3) EC. It also ordered the Commission to bear the costs on their own and to pay for those, which had been incurred by the Deutsche Post AG and DHL International.
Case Study 1
The Supplier switching involved the electricity sector along with the gas sector. This case study had the consumer unsatisfied. CEER is considered to hope that the consumer related approaches are taken into consideration. It is essential for the energy consumers to switch their consumers with confidence and these switching helps in strengthening the competition in the energy market. These are considered to benefit the consumers. The present arrangements for switching has developed from 1990s which are complex and difficult and such can also lead to delays or any kind of errors in cost which are suffered by the consumers. The Switching Programme helps in taking steps, which would be radically transforming the current switching arrangements, and these would deliver the switching for the customers in a more reliable way. Presently, in France there are about 39 active suppliers nation wide and this case study is considered to describe the changing electricity supplier situations who are dependent on the physical intervention. There has been an essential remote operation which would be to validate the change of the suppliers. If there has been any kind of failure then for such the technical intervention is considered to be needed. The interventions are considered to be related to a change or modification which would not have any kind of priority over any other interventions which would be related to commissioning. The DSO has to intervene and interfere within the calendar days which would be for twenty one days and these would entail a long duration for the changes relating to the effectiveness of the supplier. This is similar to that of a British case study which tries to ensure switching of suppliers within the shortest time possible.
Case Study 2
Billing and Billing Information is considered to be the scope in which the consumer is considered to choose a supplier and then sign an agreement or a contract thereby becoming a customer-supplier-relationship. These would help in improving the communication between the suppliers and the customers would be helped and assisted based on the billing-related issues. There has been a practical example which consists of a case study that is involved with the legislation on the issues relating to billing issues in the Netherlands. The energy bill was considered to be an important part of the legislation which helped in the annual settlement of the bills. The supplier is considered to provide a pre-contractual information which would be confirmed in the contract. ACM used such opportunity to investigate which was in connection to the energy bill. After the information session the ACM had provided with the suppliers a grace period in order to make certain kinds of adaptations which would be complied with the basic principles of the seamless information flow along with the verifiability. The ACM after checking the new energy bills checked for the final time and concluded that it is difficult to calculate and see if all the supplier had provided the energy for the price that had been offered and signed in the contract. In this case study, the main challenge was considered to improve the verifiability for the energy bills which would be potential as well as comprehensive. This would help without prescribing any kind of billing format which would stifle the innovation along with the competition amongst the several energy suppliers.
Case Study 3
Energy contract after the decision being taken which would be based on the appropriate information the consumer or the customer is considered to sign the contract with that of the energy supplier. In order to ensure a level-playing field which are considered to be between the market participants the MS along with the NRAs are trying to amend as well as check the legal framework continuously. The case studies deals with Norwegian and the Italian solutions for the contract to be based on standard terms. There have been about three million electricity consumers in Norway and the professional consumers are considered to be 2.65 million and 0.35 million consumers or customers approximately. It had become seventy to ninety percent by the year 2017 and the customers or the consumers were considered to be having spot-price-based contract. These exposed the consumers to risks and changes in prices which were in the wholesale market. Therefore, due to such most of the consumers had to reduce their energy bill. Freedom to design the contract by that of the suppliers were considered to be an important principle in the electricity retail market of Norway. However, the suppliers are considered to comply with the regulations which were existing and such was the consumer protection law. The standard contract terms are considered to be additional to the contract terms which happen between the consumer as well as the supplier. The suppliers are considered to be free to determine the terms and draft such accordingly which would help them have an advantage but they would not be able to violate the law. If the suppliers violate the law then the authority has the power to take actions against the suppliers and such was in accordance with the Marketing Law’s provision, which was on unreasonable terms of contract (Marhold, A., 2016).
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