What changed between the plenary report and the adopted text

Removed:(a) is equipped, where technically feasible, with the functionalities referred to in Article 18, or with a minimum set of functionalities to be defined and published by Member States at national level in accordance with Annex II;

Removed:(b) is interoperable and able to deliver the desired connectivity of the metering infrastructure with consumer energy management systems.

Removed:2. Where a industrial customer requests a smart meter pursuant to paragraph 1, Member States or, where a Member State has so provided, the designated competent authorities shall:

Removed:(a) ensure that the offer to the industrial customer requesting the installation of a smart meter explicitly states and clearly describes:

Removed:(i) the functions and interoperability that can be supported by the smart meter and the services that can be provided as well as the benefits that can be realistically attained by having that smart meter at that moment in time;

Removed:(ii) any associated costs to be borne by the industrial customer;

Removed:(b) ensure that the smart meter is installed within a reasonable time, and in any case no later than four months after the industrial customer's request;

Removed:(c) regularly, and at least every two years, review and make publicly available the associated costs, and trace the evolution of those costs as a result of technology developments and potential metering system upgrades.

Removed:1. Where final natural gas customers do not have smart meters, Member States shall ensure that, in so far as technically possible, financially reasonable and proportionate to the potential energy savings, final customers are provided with individual conventional meters that accurately measure their actual consumption.

Removed:2. Member States shall ensure that final natural gas customers are able to easily read their conventional meters, either directly or indirectly through an online interface or through another appropriate interface.

Removed:1. When laying down the rules regarding the management and exchange of data, Member States or, where a Member State has so provided, the designated competent authorities shall specify the rules on the access to data of the final customer by eligible parties in accordance with this Article and the applicable Union legal framework. For the purpose of this Directive, data shall be understood to include metering and consumption data as well as data required for customer switching, and other services.

Removed:2. Member States shall organise the management of data in order to ensure efficient and secure data access and exchange, as well as data protection and data security.

Removed:Independently of the data management model applied in each Member State, the parties responsible for data management shall provide access to the data of the final customer to any eligible party, in accordance with paragraph 1. Eligible parties shall have the requested data at their disposal in a non-discriminatory manner and simultaneously. Access to data shall be easy and the relevant procedures for obtaining access to data shall be made publicly available.

Removed:3. The rules on access to data and data storage for the purpose of this Directive shall comply with the relevant Union law.

Removed:The processing of personal data within the framework of this Directive shall be carried out in accordance with Regulation (EU) 2016/679.

Removed:4. Member States or, where a Member State has so provided, the designated competent authorities, shall authorise and certify or, where applicable, supervise the parties responsible for the data management, in order to ensure that they comply with the requirements of this Directive.

Removed:Without prejudice to the tasks of the data protection officers under Regulation (EU) 2016/679, Member States may decide to require that parties responsible for the data management appoint compliance officers who shall be responsible for monitoring the implementation of measures taken by those parties to ensure non-discriminatory access to data and compliance with the requirements of this Directive.

Removed:Member States may appoint compliance officers or bodies referred to in point (d) of Article 44(2) of this Directive to fulfil the obligations under this paragraph.

Removed:5. No additional costs shall be charged to final customers for access to their data or for a request to make their data available.

Removed:Member States shall be responsible for setting the relevant charges for access to data by eligible parties.

Removed:Member States or, where a Member State has so provided, the designated competent authorities shall ensure that any charges imposed by regulated entities that provide data services are reasonable and duly justified.

Removed:1. In order to promote competition in the natural gas retail market and to avoid excessive administrative costs for the eligible parties, Member States shall facilitate the full interoperability of energy services within the Union.

Removed:2. The Commission shall adopt, by means of implementing acts, interoperability requirements and non-discriminatory and transparent procedures for access to data referred to in Article 21(1). Those implementing acts shall be adopted in accordance with the advisory procedure referred to in Article 4 of Regulation (EU) No 182/2011.

Removed:3. Member States shall ensure that natural gas undertakings apply the interoperability requirements and procedures for access to data referred to in paragraph 2. Those requirements and procedures shall be based on existing national practices.

Removed:Each Member State shall ensure that one single point of contact is established to provide customers with all necessary information concerning their rights, the applicable law and 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 and may be the same entities as the single contact points for electricity referred to in Article 26 of Directive (EU) 2019/944 or single points of contact established under Directive (EU) 2018/2001 [amended RED], Directive (EU) .../... + and Directive (EU) .../... ++, provided that such entities ensure access to both energy and consumer knowledge and information.

Removed:The single point of contact shall also provide clear and complete information about available support measures, including those targeted at vulnerable customers, such as temporary income support mechanism, support for energy efficiency measures, building renovations, alternative renewables-based heating and cooling systems and access to renewable energy production, self-consumption, sale and storage.

Removed:Member States shall ensure that final customers are informed about where to find the national single point of contact.

Removed:Member States shall ensure that information on certified comparison tools are provided to customers through the national single point of contact. Member States shall also ensure the access to at least one accessible comparison tool to customers that request it, including those with no internet access.

Removed:1. Member States shall ensure that final customers have access to simple, fair, transparent, independent, effective and efficient out-of-court mechanisms for the settlement of disputes concerning rights and obligations established under this Directive, through an independent mechanism such as an energy ombudsman or a consumer body, or through a regulatory authority. Where the final customer is a consumer within the meaning of Directive 2013/11/EU of the European Parliament and of the Council23, such out-of-court dispute settlement mechanisms shall comply with the quality requirements of that Directive and shall provide, where warranted, for systems of reimbursement and compensation.

Removed:2. 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.

Removed:3. The participation of gas undertakings in out-of-court dispute settlement mechanisms for household customers shall be mandatory unless the Member State concerned demonstrates to the Commission that other mechanisms are equally effective.

Removed:3a. Member States shall regularly assess the functioning of their out-of-court dispute settlement mechanisms, in particular with regard to the participation and compliance of energy service providers, intermediaries and distribution system operators.

Removed:Article 25 Protection of vulnerable customers and customers affected by or at risk of energy poverty and suppliers of last resort

Removed:Member States shall ▌protect final customers, and shall, in particular, ensure that there are adequate safeguards to protect vulnerable customers and customers affected by or at risk of energy poverty. In this context, the term vulnerable customers is defined pursuant to Article 28 of Directive (EU) 2019/944.

Removed:Member States shall refer to the definition of energy poverty in Directive (EU) .../... for the purpose of adopting a comparable definition of customers affected by or at risk of energy poverty. For the purpose of implementing the concept of energy poverty, Member States shall take into account the indicators and guidance set out in the Commission Recommendation on Energy Poverty and at least the following, namely the proportion of people whose:

Removed:(a) share of energy costs in proportion to their disposable income, after deducting housing costs, is more than double the national median share;

Removed:(b) share of disposable income spent on energy services is above the national median and the disposable income after energy and housing costs is equal to or below the "risk of poverty" threshold;

Removed:(c) absolute energy expenditure is lower than half of the national median energy expenditure.

Removed:Measures to address energy poverty and to protect vulnerable customers and customers affected by or at risk of energy poverty may include support to ensure the necessary energy supply, to deploy renewable energy and improve energy efficiency, including building renovations, to sustainably overcome vulnerability and energy poverty. Measures ▌ may also include, inter alia, ▌the prohibition of disconnection to such customers in critical times, and in any event during the winter.

Removed:In particular, Member States shall take appropriate measures to protect final customers in remote areas who are already connected to the natural gas system or hydrogen system. Member States shall appoint a supplier of last resort for household customers, and, where Member States deem it to be appropriate, small enterprises connected to the natural gas or hydrogen systems. Member States shall take appropriate measures where vulnerable customers or customers affected by or at risk of energy poverty are unable to pay the supplier of last resort. Member States shall ensure ▌consumer protection, in particular with respect to transparency regarding contractual terms and conditions, general information and dispute settlement mechanisms.

Removed:For final customers who are vulnerable or affected by or at risk of energy poverty, including those who are not connected to the natural gas or hydrogen systems, Member States shall, without delay, adopt measures to ensure their energy security, prioritising the most energy efficient and sustainable options.

Removed:The measures laid down in this Article shall not impede the effective opening of the market set out in Article 4 or market functioning. Member States shall notify the measures adopted to implement this Article to the Commission, where relevant, in accordance with Article 5. Such notifications may include measures taken within the general social security system.

Removed:Without prejudice to the reporting framework set out in Regulation (EU) 2018/1999, the Commission shall, by ... [two years after the date of entry into force of this Directive] and every two years thereafter, adopt and make publicly available a report mapping the level of energy poverty and risk of energy poverty in each Member State and per NUTS3 level.

Removed:The report shall include at least the following elements:

Removed:(a) an assessment of the situation and developments of energy prices in the Union and in the Member States and the impact on households affected by or at risk of energy poverty and on how energy prices impact their energy security, including an assessment of whether changes in retail energy prices are due to an ineffective implementation of this Directive and of the lack of adequate market conditions, including insufficient competition between suppliers or anti-competitive conducts;

Removed:(b) an assessment of the underlying conditions for the emergence of energy poverty, including an assessment of whether energy poverty is due to lack of infrastructure capacity, income situations or housing conditions;

Removed:(c) a detailed mapping of social instruments and measures implemented in Member States to address energy poverty including measures referred to in Article 25.

Removed:The Commission shall use, inter alia, the criteria set out in Article 25, in addition to the indicators and guidance illustrated in the Commission Recommendation on energy poverty, to identify and report on the number of households that are affected by or at risk of energy poverty.

Removed:Third party access to infrastructure

Removed:Access to natural gas infrastructure

Removed:Member States shall enable the access of renewable gas and low-carbon gas to the market and infrastructure regardless whether the renewable gas and low-carbon gas production facilities are connected to distribution or transmission networks, provided that such access is considered to be beneficial in line with the ten-year network development plan referred to in Article 52.

Removed:Article 27 Third-party access to natural gas distribution and transmission and LNG terminals

Removed:1. Member States shall ensure the implementation of a system of third party access to the transmission and distribution system, and LNG facilities based on published tariffs, applicable to all customers, including supply undertakings, and applied objectively and without discrimination between system users. Member States shall ensure that those tariffs, or the methodologies underlying their calculation, are approved prior to their entry into force in accordance with Article 72 by a regulatory authority referred to in Article 70 and that those tariffs — and the methodologies, where only methodologies are approved — are published prior to their entry into force. ▌

Removed:2. The provisions of this Directive shall not prevent the conclusion of long-term contracts for renewable gas and low-carbon gas in so far as they comply with Union competition rules and contribute to decarbonisation. No long-term contracts for supply of unabated fossil gas shall be concluded with a duration beyond the end of year 2049. The end-date may be revised in order to align with relevant changes in the Union’s energy and climate objectives, taking into account the security of supply and without prejudice to long-term contracts that have been concluded.

Removed:▌

Removed:1. Member States shall take the necessary measures to ensure that natural gas undertakings and eligible customers, wherever they are located, are able to obtain access to upstream pipeline networks, including facilities supplying technical services incidental to such access, in accordance with this Article, except for the parts of such networks and facilities which are used for local production operations at the site of a field where the gas is produced. The measures shall be notified to the Commission in accordance with the provisions of Article 88.

Removed:2. The access referred to in paragraph 1 shall be provided in a manner determined by the Member State in accordance with the relevant legal instruments. Member States shall apply the objectives of fair and open access, achieving a competitive market in natural gas and avoiding any abuse of a dominant position, taking into account security and regularity of supplies, capacity which is or can reasonably be made available, and environmental protection. The following needs may be taken into account:

Removed:(a) the need to refuse access where there is an incompatibility of technical specifications which cannot reasonably be overcome;

Removed:(b) the need to avoid difficulties which cannot reasonably be overcome and could prejudice the efficient, current and planned future production of hydrocarbons, including that from fields of marginal economic viability;

Removed:(c) the need to respect the duly substantiated reasonable needs of the owner or operator of the upstream pipeline network for the transport and processing of gas and the interests of all other users of the upstream pipeline network or relevant processing or handling facilities who may be affected; and