Basic contractual rights for heating, cooling and domestic hot water
1. Without prejudice to Union rules on consumer protection, in particular Directive 2011/83/EU of the European Parliament and of the Council ( 42 ) and Council Directive 93/13/EEC ( 43 ) , Member States shall ensure that final customers and, where explicitly referred to, final users, are granted the rights provided for in paragraphs 2 to 9 of this Article.
2. Final customers shall have the right to a contract with their supplier that specifies:
(a)
the identity, address and contact details of the supplier;
(b)
the services provided and the service quality levels included;
(c)
the types of maintenance service included in the contract without additional charges;
(d)
the means by which up-to-date information on all applicable tariffs, maintenance charges and bundled products or services may be obtained;
(e)
the duration of the contract, the conditions for renewal and termination of the contract and services, including products or services that are bundled with those services, and whether terminating the contract without charge is permitted;
(f)
any compensation and the refund arrangements which apply if contracted service quality levels are not met, including inaccurate or delayed billing;
(g)
the method of initiating an out-of-court dispute-settlement procedure in accordance with Article 22;
(h)
information relating to consumer rights, including information on complaint handling and all of the information referred to in this paragraph, which is clearly communicated in the bill or on the enterprise’s website and includes the contact details or link to the website of the single points of contact referred to in Article 22(3), point (e);
(i)
the contact details enabling the customer to identify relevant one-stop shops as referred to in Article 22(3), point (a).
Suppliers’ conditions shall be fair and shall be provided to final customers in advance. The information referred to in this paragraph shall be provided before the conclusion or confirmation of the contract. Where contracts are concluded through intermediaries, that information shall also be provided before the conclusion of the contract.
Final customers and final users shall be provided with a summary of the key contractual conditions, including prices and tariffs, in a comprehensible manner and in concise and simple language.
Final customers shall be provided with a copy of the contract and clear information, in a transparent manner, on applicable prices and tariffs and on standard terms and conditions in respect of access to and use of heating, cooling and domestic hot water services.
Member States shall decide who is to be responsible for providing the information referred to in this paragraph to final users without a direct or individual contract with a supplier, upon request, in an appropriate manner and free of charge.
3. Final customers shall be given adequate notice of any intention to modify contractual conditions. Suppliers shall notify their final customers, in a transparent and comprehensible manner, directly of any adjustment in the supply price and of the reasons and preconditions for the adjustment and its scope, at an appropriate time no later than two weeks, or no later than one month in the case of household customers, before the adjustment comes into effect. Final customers shall inform final users of the new conditions without delay.
4. Suppliers shall offer final customers a wide choice of payment methods. Such payment methods shall not unduly discriminate between customers. Any difference in charges related to payment methods or prepayment systems shall be objective, non-discriminatory and proportionate and shall not exceed the direct costs borne by the payee for the use of a specific payment method or a prepayment system, in accordance with Article 62 of Directive (EU) 2015/2366 of the European Parliament and of the Council ( 44 ) .
5. Pursuant to paragraph 4, household customers who have access to prepayment systems shall not be placed at a disadvantage by the prepayment systems.
6. Final customers and, where applicable, final users shall be offered fair and transparent general terms and conditions, which shall be provided in plain and unambiguous language and shall not include non-contractual barriers to the exercise of customers’ rights, such as excessive contractual documentation. Final users shall be provided access to those general terms and conditions upon request. Final customers and final users shall be protected against unfair or misleading selling methods. Final customers with disabilities shall be provided all relevant information on their contract with their supplier in accessible formats.
7. Final customers and final users shall have the right to a good standard of service and complaint-handling by their suppliers. Suppliers shall handle complaints in a simple, fair and prompt manner.
8. Competent authorities shall ensure that the consumer protection measures laid down in this Directive are enforced. The competent authorities shall act independently from any market interests.
9. In the case of planned disconnection, the final customers concerned shall be provided with adequate information on alternative measures sufficiently in advance, no later than one month before the planned disconnection and at no extra cost.
Information and awareness raising
1. Member States, in cooperation with regional and local authorities, where applicable, shall ensure that information on available energy efficiency improvement measures, individual actions and financial and legal frameworks is transparent, accessible and widely disseminated to all relevant market actors, such as final customers, final users, consumer organisations, civil society representatives, renewable energy communities, citizen energy communities, local and regional authorities, energy agencies, social service providers, builders, architects, engineers, environmental and energy auditors, and installers of building elements as defined in Article 2, point (9), of Directive 2010/31/EU.
2. Member States shall take appropriate measures to promote and facilitate an efficient use of energy by final customers and final users. Those measures shall be part of a national strategy, such as the integrated national energy and climate plans provided for in Regulation (EU) 2018/1999, or the long-term renovation strategy established pursuant to Article 2a of Directive 2010/31/EU.
For the purposes of this Article, those measures shall include a range of instruments and policies to promote behavioural change such as:
(a)
fiscal incentives;
(b)
access to finance, vouchers, grants or subsidies;
(c)
publicly supported energy consumption assessments and targeted advisory services and support for household consumers, in particular people affected by energy poverty, vulnerable customers and, where applicable, people living in social housing;
(d)
targeted advisory services for SMEs and microenterprises;
(e)
information provision in accessible form to people with disabilities;
(f)
exemplary projects;
(g)
workplace activities;
(h)
training activities;
(i)
digital tools;
(j)
engagement strategies.
3. For the purposes of this Article, the measures referred to in paragraph 2 shall include the creation of a supportive framework for market actors such as those referred to in paragraph 1, in particular for:
(a)
the creation of one-stop shops or similar mechanisms for the provision of technical, administrative and financial advice and assistance on energy efficiency, such as energy checks for households, energy renovations of buildings, information on the replacement of old and inefficient heating systems with modern and more efficient appliances and the take-up of renewable energy and energy storage for buildings to final customers and final users, especially household and small non-household ones, including SMEs and microenterprises;
(b)
cooperation with private actors that provide services such as energy audits and energy consumption assessments, financing solutions and execution of energy renovations;
(c)
the communication of cost-effective and easy-to-achieve changes in energy use;
(d)
the dissemination of information on energy efficiency measures and financing instruments;
(e)
the provision of single points of contact, to provide final customers and final users with all necessary information concerning their rights, the applicable law and the 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.
4. For the purpose of this Article, Member States shall in cooperation with competent authorities, and, where appropriate, private stakeholders establish dedicated one-stop shops or similar mechanisms for the provision of technical, administrative and financial advice for energy efficiency. Those facilities shall:
(a)
advise with streamlined information on technical and financial possibilities and solutions to households, SMEs, microenterprises, public bodies;
(b)
provide holistic support to all households, with a particular focus on households affected by energy poverty and on worst performing buildings, as well as to accredited companies and installers providing retrofit services, adapted to different housing typologies and geographical scope, and provide support covering the different stages of the retrofit project, including to facilitate the implementation of a minimum energy performance standard where such standard is provided for in a Union legislative act;
(c)
advise on energy consumption behaviour.
5. Dedicated one-stop shop facilities as referred to in paragraph 4 shall, where appropriate:
(a)
provide information about qualified energy efficiency professionals;
(b)
collect typology-aggregated data from energy efficiency projects, share experiences and make them publicly available;
(c)
connect potential projects with market players, in particular smaller-scale, local projects.
For the purposes of the first subparagraph, point (b), the Commission shall assist Member States in order to facilitate the sharing of, and enhance cross-border cooperation with regard to, best practices.
6. The one-stop shops referred to in paragraph 4 shall offer dedicated services for people affected by energy poverty, vulnerable customers and people in low-income households.
The Commission shall provide Member States with guidelines to develop those one-stop shops with the aim of creating a harmonised approach throughout the Union. The guidelines shall encourage cooperation among public bodies, energy agencies and community-led initiatives.
7. Member States shall establish appropriate conditions for market actors to provide adequate and targeted information and advice on energy efficiency to final customers, including people affected by energy poverty, vulnerable customers and, where applicable, people living in social housing, SMEs and microenterprises.
8. Member States shall ensure that final customers, final users, people affected by energy poverty, vulnerable customers and, where applicable, people living in social housing have access to simple, fair, transparent, independent, effective and efficient out-of-court mechanisms for the settlement of disputes concerning rights and obligations provided for in this Directive, through an independent mechanism such as an energy ombudsperson or a consumer body, or through a regulatory authority. Where the final customer is a consumer as defined in Article 4(1), point (a), of Directive 2013/11/EU of the European Parliament and of the Council ( 45 ) , such out-of-court dispute settlement mechanisms shall comply with the requirements set out therein. Out-of-court dispute settlement mechanisms already existing in Member States may be used for that purpose, provided they are equally effective.
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.
The participation of enterprises in out-of-court dispute settlement mechanisms for household customers shall be mandatory unless the Member State demonstrates to the Commission that other mechanisms are equally effective.
9. Without prejudice to the basic principles of their laws on property and tenancy, Member States shall take the necessary measures to remove regulatory and non-regulatory barriers to energy efficiency as regards split incentives between owners and tenants, or among owners of a building or building unit, with a view to ensuring that those parties are not deterred from making efficiency-improving investments that they would otherwise have made by the fact that they will not individually obtain the full benefits or by the absence of rules for dividing the costs and benefits between them.
Measures to remove such barriers may include providing incentives, repealing or amending legal or regulatory provisions, adopting guidelines and interpretative communications, simplifying administrative procedures, including national rules and measures regulating decision-making processes in multi-owner properties, and the possibility to turn to third-party financing solutions. The measures may be combined with the provision of education, training and specific information and technical assistance on energy efficiency to market actors such as those referred to in paragraph 1.
Member States shall take appropriate measures to support a multilateral dialogue among relevant partners, such as local and regional authorities, the social partners, owners’ and tenants’ organisations, consumer organisations, energy distributors or retail energy sales companies, ESCOs, renewable energy communities, citizen energy communities, public authorities and agencies, with the aim of setting out proposals on jointly accepted measures, incentives and guidelines pertinent to split incentives between owners and tenants or among owners of a building or building unit.
Each Member State shall report such barriers and the measures taken in its long-term renovation strategy established pursuant to Article 2a of Directive 2010/31/EU and to Regulation (EU) 2018/1999.
10. The Commission shall encourage the exchange and wide dissemination of information on good energy efficiency practices and methodologies and provide technical assistance to mitigate split incentives in Member States.
Partnerships for energy efficiency
1. By 11 October 2024, the Commission shall assess whether energy efficiency is covered by existing partnerships. If the assessment shows that energy efficiency is not sufficiently covered by existing partnerships, the Commission shall establish sector-specific energy efficiency partnerships at Union level, with sub-partnerships per missing sector, by bringing together key stakeholders, including the social partners, in sectors such as ICT, transport, finance and building, in an inclusive and representative manner.
If a partnership is established, the Commission shall appoint, where appropriate, a chair for each Union sector-specific energy efficiency partnership.
2. The partnerships referred to in paragraph 1 shall aim to facilitate climate and energy transition dialogues between the relevant actors and encourage sectors to draw up energy efficiency roadmaps in order to map available measures and technological options to achieve energy savings, prepare for renewable energy and decarbonise the sectors.
Such roadmaps would make a valuable contribution in assisting sectors in planning the necessary investments needed to reach the objectives of this Directive and of Regulation (EU) 2021/1119 as well as facilitate cross-border cooperation between actors to strengthen the internal market.
Empowering and protecting vulnerable customers and alleviating energy poverty
1. Without prejudice to their national economic and social policies, and to their obligations under Union law, Member States shall take appropriate measures to empower and protect people affected by energy poverty, vulnerable customers, people in low-income households and, where applicable, people living in social housing.
In defining the concept of vulnerable customers pursuant to Article 3(3) of Directive 2009/73/EC and Article 28(1) of Directive (EU) 2019/944, Member States shall take into account final users.
2. Without prejudice to their national economic and social policies, and to their obligations under Union law, Member States shall implement energy efficiency improvement measures and related consumer protection or information measures, in particular those set out in Article 8(3) and Article 22 of this Directive, as a priority among people affected by energy poverty, vulnerable customers, people in low-income households and, where applicable, people living in social housing to alleviate energy poverty. Monitoring and reporting of those measures shall be undertaken in the framework of the existing reporting requirements set out in Article 24 of Regulation (EU) 2018/1999.
3. To support people affected by energy poverty, vulnerable customers, people in low-income households and, where applicable, people living in social housing, Member States shall, where applicable:
(a)
implement energy efficiency improvement measures to mitigate distributional effects from other policies and measures, such as taxation measures implemented in accordance with Article 10 of this Directive, or the application of emissions trading in the buildings and transport sector in accordance with Directive 2003/87/EC;
(b)
make the best possible use of public funding available at Union and national level, including, where applicable, the financial contribution that Member States receive from the Social Climate Fund pursuant to Articles 9 and 14 of Regulation (EU) 2023/955, and revenues from allowance auctions from emissions trading pursuant to the EU ETS in accordance with Directive 2003/87/EC, for investments into energy efficiency improvement measures as priority actions;
(c)
carry out early, forward-looking investments in energy efficiency improvement measures before distributional impacts from other policies and measures show their effect;
(d)
foster technical assistance and the roll-out of enabling funding and financial tools, such as on-bill schemes, local loan-loss reserve, guarantee funds, funds targeting deep renovations and renovations with minimum energy gains;
(e)
foster technical assistance for social actors to promote vulnerable customer’s active engagement in the energy market, and positive changes in their energy consumption behaviour;
(f)
ensure access to finance, grants or subsidies bound to minimum energy gains and thus facilitate access to affordable bank loans or dedicated credit lines.
4. Member States shall establish a network of experts from various sectors such as the health, building and social sectors, or entrust an existing network, to develop strategies to support local and national decision makers in implementing energy efficiency improvement measures, technical assistance and financial tools aiming to alleviate energy poverty. Member States shall strive to ensure that the composition of the network of experts ensures gender balance and reflects the perspectives of all people.
Member States may entrust the network of experts to offer advice on:
(a)
national definitions, indicators and criteria of energy poverty, energy poor and vulnerable customers, including final users;
(b)
the development or improvement of relevant indicators and data sets, pertinent to the issue of energy poverty, that should be used and reported upon;
(c)
methods and measures to ensure affordability of living costs, the promotion of housing cost neutrality, or ways to ensure that public funding invested in energy efficiency improvement measures benefit both owners and tenants of buildings and building units, in particular regarding people affected by energy poverty, vulnerable customers, people in low-income households, and, where applicable, people living in social housing;
(d)
measures to prevent or remedy situations in which particular groups are more affected or more at risk of being affected by energy poverty or are more susceptible to the adverse impacts of energy poverty such as on the basis of their income, gender, health condition or membership of a minority group, and demographics.
Source: EUR-Lex (Publications Office of the EU), © European Union, reuse permitted under Commission Decision 2011/833/EU.
