Eric Houtman, Ombudsman (Dutch Speaking) ADR conference, Oxford 18 April 2016

The Energy Ombudsman A public and independent federal entity with legal personality The Ombudsman is appointed by the government for 5 years (renewable) Funding by energy companies: the number of pod’s per company and the number of complaints per company

Free access but only written complaints are accepted The Energy Ombudsman Admissibility of complaints: Complaints are admitted only if the complainant has already tried to solve the dispute directly with the electricity or gas company If not admissible, the company must handle the complaint and send a copy of the answer to the Ombudsman Service Free access but only written complaints are accepted Suspension of the collection procedure From the declaration of admissibility of a complaint to the recommendation for an amicable settlement

Confidentiality of the information The Energy Ombudsman Ombudsman = Entirely independent The Ombudsman is independent from any electricity or gas supplier While exercising his powers, the Ombudsman does not receive any instructions from any government Confidentiality of the information End of the research of a dispute A complaint is not further investigated when a legal procedure has been initiated Further legal procedures are still possible after mediation by the Ombudsman

The Energy Ombudsman Transparency and information Financial (budget 2016: €1,787,000) and human resources (19 FTE) Data, decisions and recommendations ADR-procedures and relations with suppliers/DSO/regulators Related items and activities on consumer protection in the energy sector Public awareness of the Ombudsman Service Website www.ombudsmanenergie.be or www.mediateurenergie.be Bills and websites from energy companies Press release and publication annual report Press releases/articles on main findings and actions Public presentations and brochures ODR via Belmed

Complaint handling process Step 1 Step 2 Step 3 3 weeks 90 days (once renewable) Amicable settlement procedure Complaint reception Case file reception A 30 days Recommendation procedure B

Powers and interactions of the Ombudsman recommendations are not binding if the energy company does not accept the recommendation within 30 calendars days Investigation powers in energy companies regarding complaint case files Advisory services to federal Minister for Energy and to the Parliament The establishment of a permanent consultation group with regulators and other public services which gathers at least two times a year. Classification of disputes according to CEER’s methodology and annual reporting to DG JUST (Consumer Markets Scoreboard) Creation of « National Energy Ombudsman Network » NEON

4,211 disputes in 2015: Problem Percentage Metering problems 21,0 Invoicing and billing 16,0 Payment issues 14,9 Price transparency 14,7 Sales and marketing practices 10,9 Switching problems 5,0 Quality of service 3,6 Public Services Obligations (regional competence - RC) 5,8 network connection (RC) 1,4 Quality of supply (RC) 0,7 Disconnection after lack of payment (RC) 4,5 Other 1,5

Founding member of NEON National Energy ombudsmen Network Ombudsmen and mediation services in the energy sector Independent of the industry EC Directives 2009/72 and 73 (“Third Energy package”) & Directive 2013/11 on alternative dispute resolution (Article 16)

72,462 energy-related disputes handled by NEON in 2014

NEON’s Consumer Code Principles: solidarity and responsibility Data management and data privacy Affordability Prices and tariffs Price comparison tools Marketing and sales Switches Move-in and Move-out processes Contractual terms Unified communications Easily understandable bills Information on real-time consumption with smart meters Complaint procedures, access to ADR and redress

“Ombudsmen have the responsibility to engage stakeholders to build trust in the energy market” Conclusion

III. The Consumer Ombudsman Service

Why? Consumers have many questions and complaints, but they are not always sure to whom to turn to. Several different ombudsman services exist (telecommunications, energy, railways, postal services, financial services and insurance), all working independently from one another. Not every problem or economic sector had an associated ombudsman or ADR-body, and therefore not all consumer complaints were addressed.

Organisation In a nutshell A single Consumer Mediation Service provides one central point of contact (One phone number, one e-mail address, one location). A new Ombudsman Service for “residual complaints”, next to existing Ombudsman Services and acts itself when there is no other qualified ADR-body that is competent to handle the dispute An umbrella Consumer Ombudsman Service which acts as a coordinating structure. The existing Ombudsman services will be centralised in one “front office” but each ombudsman service maintains its autonomy, legal framework and area of competence

Data 2015 (from June) 2,921 disputes received (278 not admissible, 625 passed on the qualified ADR-entity and 2,174 handled by the service for residual disputes)

Thank you! www.ombudsmanenergie.be www.neon-ombudsman.org