Proposition 51K2710

Projet de loi modifiant la loi du 12 avril 1965 relative au transport de produits gazeux et autres par canalisations et la loi du 29 avril 1999 relative à l'organisation du marché de l'électricité.

General information ¶

Submitted by

PS | SP MR Open Vld Vooruit Purple Ⅰ

Submission date

Oct. 16, 2006

Official page

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Status

Adopted

Requirement

Simple

Subjects

mediator electrical energy energy supply gas

Voting ¶

Voted to adopt

CD&V Vooruit LE PS | SP Open Vld N-VA MR FN VB

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Discussion ¶

Feb. 8, 2007 | Plenary session (Chamber of representatives)

Full source

Mr Lano referred ipso facto to his report.

This discussion will be a little longer than recently.

I look forward to Daaraan. The lawyers know what it is to go wrong with the file, Mr. Verwilghen.

Mr. Speaker, I had the election program of the CD&V.

Mr. Minister, we can hardly do other than congratulate that an Energy Ombudsman service is finally coming, responsible for all questions and complaints about energy, regardless of whether it is a federal or regional authority. CD&V has long been a party asking for the establishment of an ombudsman’s office Energy. This is of the utmost importance, witnessing the many complaints that are formulated about the liberalized market and its functioning.

The number of questions and complaints is difficult to track. It has been raining complaints – if I can say so, Mr. Minister – since the liberalization of the energy market. These include false invoices for energy connections that are not connected or closed, aggressive sales techniques of new distributors on the market, movements that are a pain spot, contractual uncertainties, poor accessibility of suppliers, to complaints and questions related to consumer rights, and so on.

The law is there and the Ombudsman will come. At the same time, we and many of us – ⁇ you too – regret that it took so incomprehensibly long before the bill concerning the Ombudsman’s service Energy in the Chamber was hit. As the Minister himself has said, the establishment was already provided in the Electricity and Gas Act of 1999. With the regularity of the clock, it was announced, also through the press, that the Ombudsman’s service would soon be operational. Subsequently, this telkenmale turned out not to be the case.

Today we are discussing the bill. Mr. Minister, there is still no clarity about the time when the Ombudsman’s service will now effectively start, when the procedure for the recruitment and installation will be handled, and when a Ombudsman’s service will actually function where citizens and ⁇ can come to complaints and questions. Mr. Minister, you should be able to make some clarity in this. In any case, you should be able to realize the entry into force in the short term.

At first, we were suspiciously opposed to this bill, as the Ombudsman Service in the proposed bill was only competent in federal energy matters.

Everyone knows that the rules of competence in the field of energy are very unclear, often confusing or sometimes even opposing each other. Therefore, it would have been a total failure if citizens and companies themselves had to decide which level is exactly competent for which complaint or should judge where they should submit their complaint. Such an ombudsman would have been completely useless.

We are therefore delighted that a cooperation agreement will still be concluded with the regions in order to reach the establishment of a central ombudsman’s office for energy and that yet, by amendment, a central ombudsman’s office for energy was provided, responsible for all questions and complaints. I think, Mr. Minister, that we have also contributed a little to this in the committee.

However, we do not hide that we would like to see the cooperation further incorporated in the legislation. In order to ensure the optimal functioning of the Central Ombudsman’s Office for Energy, it was absolutely necessary for us that the Regions were also involved in determining the functioning of the Ombudsman’s Office for Energy and in preparing the rules of procedure. The Minister refused this. However, it does not seem more than logical to us that, since the Ombudsman’s service also covers the energy powers of the Regions, the functioning of the Ombudsman’s service is also determined after consultation with the Regions and that the rules of procedure are adopted in consultation with those same Regions.

We had submitted amendments, which were not accepted by the minister or by the majority. We regret this and remain there on our hunger. We therefore hope that the facts will not give us right afterwards and that the absence of these provisions will not lead to paralyzing the Ombudsman’s office. We hope that everything can now be settled in the short term for the benefit of companies and consumers who have been having complaints for so long, but so far with these complaints and questions have gone nowhere. We will approve this bill.

Mr. Speaker, Mr. Minister, colleagues, we are ⁇ pleased with the present draft which we have been waiting for a long time. Together with us, for the many energy users who could not get anywhere with their complaints, it does not apply at the federal level. In fact, there has been a principle decision since 1999 to create the Ombudsman’s office Energy, though within the CREG. However, it took until 2007 before we arrived at that Ombudsman’s office.

It is stated as a pillar over water that there are still huge complaints on the ground since liberalization. There are many complaints from all sorts of people. We are, of course, especially concerned about the weakest consumers who, so far, did not actually get anywhere with their complaints once they exceeded the regional level of jurisdiction. We had the regional ombudsman services, but the federal level remained deprived of such an ombudsman service until today. In 2005, we established the information service Hermes, which, as evidenced by the facts and the report of the service, indeed received a lot of questions. We are, therefore, convinced that the national Ombudsman’s service, which will now be established, will receive the same number of questions, or even much more, once an information campaign is set up. We also expect that this Ombudsman’s service will be made widely known so that consumers know where they can go.

We are especially pleased that in this terribly divided country we have finally ensured that we get to one Ombudsman’s office or at least one free number to which the consumer can reach. Ultimately, it is up to the various governments to decide among themselves who the consciously incoming question needs to be exactly dispatched. For the sake of clarity, it is ⁇ important that the consumer can reach that one number. This design can therefore absolutely take away our approval.

I would like to point out a small technical failure in the text. Article 14 § 11 refers to § 9. That is a material failure, it must be §10. With this small correction, it’s okay and we can finally make sure that this Ombudsman’s service comes into operation for all consumers in our country.

We also find it ⁇ interesting that the Ombudsman’s contribution to be provided by the various companies will be refined according to the complaints they receive. That is a very good thing because it means that those companies that have the most complaints about will also have to put the most money on the table in the long run. Also that can only the customer-friendliness of these companies work hand in hand in the future.

We are pleased with this design.

We hope that this design is the first shot of a double run. As you know, we were very supportive of the Ombudsman’s service, but we are also very demanding party for the social rate, in particular to award the lowest rate and for the automatic award. We hope that this second element of the double run will also be affected during this legislature, because also there are three hundred thousand people – weak and low-income – waiting for it.

Mr. Minister, as regards the technical problem of Mrs. De Meyer, is her observation correct?

Yes, Mr. Speaker, in the original numbering paragraph 9 was preceded by the current paragraph 10, so the text has remained unchanged. In the latter article it must therefore be paragraph 10 to which paragraph 11 refers.

Referring to paragraph 9 makes no sense when one reads the text.

Mr. Minister, do you have another response?

The feeling that exists among the members of the Parliament is also my feeling. There will finally be an ombudsman service if this draft is approved. This has taken too long. It makes no sense to try to expose the causes of it. I found that in that Ombudsman’s office, in fact, the Act of 1999 already provided for the transposition of the first Electricity Directive. We talked about the establishment of the Ombudsman’s Office.

If one wants a truly functional Ombudsman’s service, one must also be able to effectively involve all levels involved – that is not only the federal level, but also the regional levels. This, of course, also has to do with a piece. It was a difficult exercise. I understand that. One must grasp the domain and see how far one can go without hindering the powers of other decision-making levels. I therefore share the criticism in this regard, but I am pleased that this Ombudsman’s service can eventually be established. That is the most important.

It was effectively said: it is raining complaints at this moment. This is not just about liberating the market. It is mainly related to two things. First, people have become much more aware that energy has a cost cost in the daily household. The companies had seen this before, but they could still incalculate it. A family cannot calculate this and must also deal with it. It also makes them much more conscious. Second, the energy cost price has not dropped, I would almost say the opposite.

In the meantime, we tried to find some solutions. Thus, in collaboration with the Administration of Economics, I created the Hermes Institute which worked very well as a point of information. The number of information requests it has received from consumers in the broad sense of the term is also quite impressive.

I do not want to ignore the question of when this service will be able to enter into operation. Preferably as soon as possible, as far as we are concerned. Immediately after the vote, the request goes to Selor for the recruitment of the persons who will be required to populate the Ombudsman’s office. This can be done quite quickly. In any case, in my opinion, there can be no doubt to start this as soon as possible.

Finally, I want to say something about the financing mechanism. I think we have created a fairly ingenious financing mechanism. It means that whoever has many complaints at his expense, that complaints will of course also pay, by way of speech, if it is justified complaints, and therefore has all interest in establishing a good service.

Finally, let me emphasize the benefits. A single point of contact accessible to all; quick and free access by all possible means, each being welcomed in its own language; a clear delimitation of skills.

There was a question and a comment on this. It was said that it would have preferred to be further elaborated in the legislative text.

Mr. Speaker, you know that in this type of affairs one works with cooperation agreements, which in detail, including with a domestic regulation, attempt to set up a number of things. If one puts all this into a law, it may have the advantage of the clarity of the law, but it therefore has the disadvantage that, if one must change it, one must follow a rather difficult and difficult procedure. However, in the Ombudsman services, flexibility is often the word to be counted on, because one needs to be able to exclude very quickly.

I would also like to point out that we have respected the linguistic balance and that funding has been planned. There is no superfluous staff. Normally, we should be able to launch the mediation service very soon. I personally insist that this is implemented as soon as possible.

I can fully find myself in the Minister’s response. I agree with his consideration and therefore also hope that the Ombudsman’s service will be functional as soon as possible.