CHAPTER IV

HORIZONTAL PROVISIONS

Energy services
Article 18
1
Member States shall promote the energy services market and access for SMEs to this market by:
a
disseminating clear and easily accessible information on:
1. available energy service contracts and clauses that should be included in such contracts to guarantee energy savings and final customers’ rights;
2. financial instruments, incentives, grants and loans to support energy efficiency service projects;
b
encouraging the development of quality labels, inter alia, by trade associations;
c
making publicly available and regularly updating a list of available energy service providers who are qualified and/or certified and their qualifications and/or certifications in accordance with Article 16, or providing an interface where energy service providers can provide information;
d
supporting the public sector in taking up energy service offers, in particular for building refurbishment, by:
1. providing model contracts for energy performance contracting which include at least the items listed in Annex XIII;
2. providing information on best practices for energy performance contracting, including, if available, cost-benefit analysis using a life-cycle approach.
(e) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
2
Member States shall support the proper functioning of the energy services market, where appropriate, by:
a
identifying and publicising point(s) of contact where final customers can obtain the information referred to in paragraph 1;
b
taking, if necessary, measures to remove the regulatory and non-regulatory barriers that impede the uptake of energy performance contracting and other energy efficiency service models for the identification and/or implementation of energy saving measures;
c
considering putting in place or assigning the role of an independent mechanism, such as an ombudsman, to ensure the efficient handling of complaints and out-of-court settlement of disputes arising from energy service contracts;
d
enabling independent market intermediaries to play a role in stimulating market development on the demand and supply sides.
3
Member States shall ensure that energy distributors, distribution system operators and retail energy sales companies refrain from any activities that may impede the demand for and delivery of energy services or other energy efficiency improvement measures, or hinder the development of markets for such services or measures, including foreclosing the market for competitors or abusing dominant positions.
Deleted by Regulation (EU) 2018/1999 of the European Parliament and of the Council of 11 December 2018 on the Governance of the Energy Union and Climate Action, amending Regulations (EC) No 663/2009 and (EC) No 715/2009 of the European Parliament and of the Council, Directives 94/22/EC, 98/70/EC, 2009/31/EC, 2009/73/EC, 2010/31/EU, 2012/27/EU and 2013/30/EU of the European Parliament and of the Council, Council Directives 2009/119/EC and (EU) 2015/652 and repealing Regulation (EU) No 525/2013 of the European Parliament and of the Council (Text with EEA relevance).
Substituted by Regulation (EU) 2018/1999 of the European Parliament and of the Council of 11 December 2018 on the Governance of the Energy Union and Climate Action, amending Regulations (EC) No 663/2009 and (EC) No 715/2009 of the European Parliament and of the Council, Directives 94/22/EC, 98/70/EC, 2009/31/EC, 2009/73/EC, 2010/31/EU, 2012/27/EU and 2013/30/EU of the European Parliament and of the Council, Council Directives 2009/119/EC and (EU) 2015/652 and repealing Regulation (EU) No 525/2013 of the European Parliament and of the Council (Text with EEA relevance).