# EUR-Lex - 52013PC0113 - EN

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# 52013PC0113

**Proposal for a COUNCIL DIRECTIVE adapting Directive 2012/27/EU on energy efficiency, by reason of the accession of Croatia /* COM/2013/0113 final - 2013/0068 (NLE) */**

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EXPLANATORY MEMORANDUM

1.           CONTEXT OF THE PROPOSAL

The present proposal for a Council Directive
adapting Directive 2012/27/EU on energy efficiency is necessitated by the
upcoming accession of the Republic of Croatia to the European Union. The Treaty
concerning the accession of the Republic of Croatia to the European Union[1] was signed by all Member States
of the European Union and the Republic of Croatia at Brussels on 9 December
2011. Article 3(3) of the Treaty of Accession provides that it shall enter into
force on 1 July 2013 provided that all the instruments of ratification have
been deposited before that date.

Article 3(4) of the Treaty of Accession of the Republic of Croatia enables the institutions of the Union to adopt before accession measures
referred to, inter alia, in Article 50 of the Act concerning the conditions of
accession of the Republic of Croatia[2].
These measures shall enter into force only subject to and on the date of the
entry into force of the Treaty of Accession.

Article 50 of the Act of Accession provides that where acts of the institutions adopted prior to
accession require adaptation by reason of accession, and the necessary
adaptations have not been provided for in that Act or its Annexes, the Council
or the Commission (if the original acts were adopted by the Commission) shall
adopt the necessary acts.

The present proposal covers Directive
2012/27/EU of the European Parliament and the Council of 25 October 2012 on
energy efficiency which requires technical adaptation by reason of the
accession of Croatia.

The energy consumption figures for 2020 given
in the energy efficiency Directive cover the EU27. With the accession of Croatia, the energy consumption figures are updated to take into account 28 countries. As
this is based on the same underlying energy model figures, this can be
considered a technical adaptation.

The present proposal remains outside the
package of proposals COM(2013) 51
to COM(2013) 63 which the Commission transmitted to the Council on 8 February 2013.
The package of proposals COM(2013) 51 to COM(2013) 63 covered
only technical adaptations to the acquis which were published in the
Official Journal of the European Union up to and including 1 September 2012.

Directive 2012/27/EU[3] requires Member States to set
indicative national energy efficiency targets, and in so doing the Member
States should take into account the Union's 2020 energy consumption[4]. Due to the accession of Croatia it is necessary to technically adapt the projected energy consumption figures for
the European Union in 2020 to reflect the EU 28. Projections
made in 2007 showed a primary energy consumption in 2020 of 1842 Mtoe for the
27 Member States of the EU. The same projections show a primary energy
consumption in 2020 of 1853 Mtoe for the EU 28 including Croatia. A 20 % reduction results in 1483 Mtoe in 2020, i.e. a reduction of 370 Mtoe as
compared to projections. This purely technical adaptation is necessary to allow
Directive 2012/27/EU to be applicable in Croatia.

2.           RESULTS OF CONSULTATIONS WITH THE
INTERESTED PARTIES AND IMPACT ASSESSMENTS

As this proposal is of a purely technical
nature and does not involve any political choices, consultations with
interested parties or impact assessments would not have made sense.

3.           LEGAL ELEMENTS OF THE PROPOSAL

The legal basis for the proposal is Article 50
of the Act concerning the conditions of accession of the Republic of Croatia.

The principles of subsidiarity and
proportionality are fully respected. The action of the Union is necessary under
the principle of subsidiarity (Article 5 (3) TEU) because it concerns technical
adaptations to legal acts which were enacted by the Union. The proposal
respects the principle of proportionality (Article 5 (4) TEU) because it does
not go beyond what is necessary to reach the objective pursued.

4.           BUDGETARY IMPLICATION

The proposal has no budgetary implications.

2013/0068 (NLE)

Proposal for a

COUNCIL DIRECTIVE

adapting Directive 2012/27/EU on energy
efficiency, by reason of the accession of Croatia

(Text with EEA relevance)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the
Functioning of the European Union,

Having regard to the Treaty of Accession of
the Republic of Croatia, and in particular Article 3(4) thereof,

Having regard to the Act of Accession of
the Republic of Croatia, and in particular Article 50 thereof,

Having regard to the proposal from the
Commission,

Whereas:

(1)       Pursuant to Article 50 of
the Act of Accession, where acts of the institutions adopted prior to accession
require adaptation by reason of accession, and the necessary adaptations have
not been provided for in the Act of Accession or its Annexes, the Council,
acting by qualified majority on a proposal from the Commission, shall, to this
end, adopt the necessary acts, if the original act was not adopted by the
Commission.

(2)       Directive 2012/27/EU[5] of the European Parliament and
of the Council of 25 October 2012 on energy efficiency and amending Directives
2009/125/EC and 2010/30/EU and repealing Directives 2004/8/EC and 2006/32/EC requires
Member States to set indicative national energy efficiency targets, and in so
doing the Member States should take into account the Union's 2020 energy
consumption[6].

(3)       Due to the accession of Croatia it is necessary to technically adapt the projected energy consumption figures for
the European Union in 2020 to reflect the EU 28. Projections
made in 2007 showed a primary energy consumption in 2020 of 1842 Mtoe for the
27 Member States of the EU. The same projections show a primary energy consumption
in 2020 of 1853 Mtoe for the EU 28 including Croatia. A 20 % reduction results
in 1483 Mtoe in 2020, i.e. a reduction of 370 Mtoe as compared to projections. This
technical adaptation is necessary to allow Directive 2012/27/EU to be
applicable in Croatia.

(4)       Directive 2012/27/EU
should therefore be amended accordingly,

HAS ADOPTED THIS DIRECTIVE:

Article 1

Directive 2012/27/EU shall be amended as
set out in the Annex.

Article 2

1.           The adaptations set out in
the Annex are without prejudice to the time limit provided in Article 28 of
Directive 2012/27/EU.

Article 3

This Directive shall enter into force
subject to, and as from the date of the entry into force of the Treaty of
Accession of the Republic of Croatia.

Article 4

This Directive is addressed to the Member
States.

Done at Brussels,

For
the Council

The
President

ANNEX

ENERGY

32012L0027 L 315/1: DIRECTIVE 2012/27/EU OF
THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 25 October 2012 on energy
efficiency, amending Directives 2009/125/EC and 2010/30/EU and repealing
Directives 2004/8/EC and 2006/32/EC (OJ L 315, 14.11.2012, p. 1) :

a)         Article 3(1)(a) is replaced by
the following:       
‘that the Union's 2020 energy consumption has to be no more than 1483 Mtoe of
primary energy or no more than 1086 Mtoe of final energy;’

b)         Article 3(2) is replaced by the
following:           
‘By 30 June 2014, the Commission shall assess progress achieved and whether the
Union is likely to achieve energy consumption of no more than 1483 Mtoe of
primary energy and/or no more than 1086 Mtoe of final energy in 2020.’

c)         Article 3(3)(d) is replaced by
the following:      
‘compare the results under points (a) to (c) with the quantity of energy
consumption that would be needed to achieve energy consumption of no more than
1483 Mtoe of primary energy and/or no more than 1086 Mtoe of final energy in
2020.’

[1]               OJ L 112/10, 24.4.2012, p. 10.

[2]               OJ L 112/21, 24.4.2012, p. 21.

[3]               OJ L 315/1, 14.11.2012, p. 1.

[4]               Article 3(1)(a) of Directive 2012/27/EU

[5]               OJ L 315/1, 14.11.2012, p. 1.

[6]               Article 3(1)(a) of Directive 2012/27/EU