|European Union Electricity Market Glossary|
Supplier switching is the most direct way for consumers to take part in the liberalised energy market (ACER/CEER Annual Report on the Results of Monitoring the Internal Electricity and Gas Markets in 2015, Consumer Protection and Empowerment in November 2016, p. 40).
According to the rules applying in the EU Internal Electricity Market a supplier switch should take no longer than three weeks, and consumers should receive their final bill within six weeks.
Recommendation of ACER's "Bridge to 2025" is to enable consumers to switch within 24 hours.
Results of the survey published in the aforementioned ACER/CEER Annual Report of November 2016 evidence the following facts:
- in practice, the average duration of switches in Europe is around 14 working days (13.5 days in electricity and 14 days in gas), with nearly all jurisdictions complying with the prescribed limits,
- in France, the practical switching time seems to take only one day in electricity and four days in gas, and in Portugal, switching takes four days in electricity.
The EU rules do not indicate the criteria to measure the duration of a switch.
ACER suggests that in order to compare the duration of switches meaningfully, it is important to take into account that different national criteria are applied to measure this.
In eleven jurisdictions in electricity and nine in gas, the switching period starts when the new supplier transfers data to the Distribution System Operator (DSO) or the relevant entity managing the switching.
In this situation, it is important that the new supplier send the switching request to the DSO as soon as possible, respecting the consumer ́s wishes.
About half of the countries consider the switching period from the consumer's point of view: the switching period starts when the new contract is signed (eight countries in electricity/four countries in gas), or when the consumer asks for a switch (six and four, respectively).
In this context, according to the ACER, it would be desirable to define a common starting point for the switching period to guarantee all European consumers similar treatment when switching supplier.
In almost all the European Union Member States, the regulation establishes that consumers should receive their final bill within six weeks after switching supplier.
According to ACER:
Switching is the most powerful tool to exert influence on the energy market.
Therefore, the consumer's desire to switch should be respected by all market actors.
CEER Electricity and Gas Retail market design, with a focus on supplier switching and billing, Guidelines of Good Practice (Ref: C11-RMF-39-03) of 24 January 2012 stated as an overall principle that there should be no/minimal possibilities to stop an initiated switch.
However, in order to prevent unwanted switches, there should be clearly defined rules on the information needed to perform a switch.
ACER differentiates between:
- reasons to stop a switch (when the old supplier /DSO have the possibility to stop a valid switch).
If the new supplier sends incomplete or incorrect data to the DSO, the DSO may reject the request. In such a case, a switch is considered as "not initiated".
According to ACER, excluding procedural reasons, about half of EU Member States consider an initiated switch unstoppable.
Some jurisdictions permit blocking of an initiated switch in exceptional cases.
Sometimes unpaid bills with the old supplier or unpaid bills with the DSO are considered a valid reason to stop a switch.
Some other jurisdictions, such as Belgium, Italy or Portugal, apply this rule only in exceptional cases.
In Ireland in case of liabilities to the old supplier the new supplier is given a warning, and has the possibility to stop the switching process.
In several EU Member States (six in electricity and five in gas) the old supplier also has the possibility to stop a switch in case a fixed contract is not subject to termination at the time of the switch.
Otherwise, there are some country-specific reasons for halting consumer switching.
The said ACER/CEER Report of November 2016 refers in that regard to the following examples:
- An electricity system operator shall reject the change of supplier if the new supplier fails to fulfil the obligations set out by the Act (Slovenia);
- The access point is more than 20 years old and fails a review (Spain – electricity); - The supplier can be required to pay a financial security.
If the consumer cannot ensure financial security, the supplier has the opportunity to quit the agreement within three days after the consumer receives a warning from the supplier (Denmark – electricity).
Regarding the case of violation of contract terms or debts, CEER's Guidelines of good practice on Retail market design suggest that any dispute between consumer and supplier should be processed within the legal framework of contractual law, and therefore should not constitute a valid reason to stop an initiated switch.
However, differences in legislation among Member States may result in different practices regarding the possibilities to stop an initiated switch.
ACER recommends, in such cases, Member States should carefully list exemptions for when, and by which market actor(s), it should be possible to stop.
The contractual terms, such as having a very small window of opportunity to switch, or the option to stop a switch by the old supplier, may result in consumer lock-in, restricting consumer choice.
Article 12 of the European Commission Proposal for a Directive of the European Parliament and of the Council on the internal market for electricity (recast) on common rules for the internal market in electricity (recast) of 30 November 2016 (COM(2016) 864 final 2016/0380 (COD)) envisions the following rules:
1. customer wishing to change supplier is entitled to such change within three weeks (while respecting contractual conditions),
2. customers are not charged any switching-related fees, however, the EU Member States may choose to permit suppliers to charge contract termination fees to customers willingly terminating fixed term supply contracts before their maturity, subject to cumulative conditions:
- such fees may only be charged if customers receive a demonstrable advantage from these contracts,
- such fees must not exceed the direct economic loss to the supplier of the customer terminating the contract, including the cost of any bundled investments or services already provided to the customer as part of the contract.
The Report of the European Parliament’s Committee on Industry, Research and Energy (ITRE) of 27 February 2018 on the proposal for a directive of the European Parliament and of the Council on common rules for the internal market in electricity (recast) (COM(2016)0864 – C8-0495/2016 – 2016/0380(COD)) proposed the additions of paragaraph 1a and 4a to the said Article 12 - as follows:
“1a. By 1 January 2022, the technical process of switching supplier shall take no longer than 24 hours and shall be possible on any working day.”
“4a. Household customers shall be entitled to participate in collective switching schemes. Member States shall remove all regulatory or administrative barriers for collective switching while providing a framework that ensures utmost protection for consumers to avoid any abusive practices.”
In Article 12(2) the ITRE Committee proposed that the prohibition of charging any switching-related fees should apply only to final customers (and not all customers as the European Commission envisioned in its initial draft).
The exemption from the above rule has been amended by the ITRE Committee in the aforementioned Report of 27 February 2018 as follows (Article 12(3) of the draft Directive):
“3. By way of derogation from paragraph 2, Member States may choose to permit suppliers to charge contract termination fees to final customers willingly terminating fixed term, fixed price supply contracts before their maturity provided that the customer has willingly entered into such a contract. Such fees may only be charged if final customers receive a demonstrable advantage from these contracts. In addition, such fees shall be proportionate to the advantage provided to the customer and shall not exceed the direct economic loss to the supplier of the final customer terminating the contract, including the cost of any bundled investments or services already provided to the final customer as part of the contract. The burden of proof of the direct economic loss shall be on the supplier and shall be monitored by the national regulatory authority.”
ACER and CEER in the Presentation of 24 October 2017 - The 6th Annual Report on Monitoring the Electricity and Natural Gas Markets, Main insights ACER/CEER, The 6th Annual Report on Monitoring the Electricity and Natural Gas Markets, Main insights recommended that (p. 43):
- as well as the three-week maximum switching duration, consumers must be informed about when the switching period starts,
Report on the proposal for a directive of the European Parliament and of the Council on common rules for the internal market in electricity (recast) (COM(2016)0864 – C8-0495/2016 – 2016/0380(COD)), European Parliament, 27 February 2018, Committee on Industry, Research and Energy
Proposal for a Directive of the European Parliament and of the Council on the internal market for electricity (recast) on common rules for the internal market in electricity (recast), 30.11.2016, COM(2016) 864 final 2016/0380 (COD), Article 12
ACER/CEER, The 6th Annual Report on Monitoring the Electricity and Natural Gas Markets, Main insights ACER/CEER, The 6th Annual Report on Monitoring the Electricity and Natural Gas Markets, Main insights
|Last Updated on Friday, 06 April 2018 10:36|