COMMUNICATION FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT pursuant to the second subparagraph of Article 251, 2 of the EC Treaty concerning the common Position of the Council on the adoption of a European Parliament and Council Directive on Energy Efficiency Requirements for Ballasts for Fluorescent Lighting

1. Background

- Date of transmission of the proposal to the EP and the Council (COM(1999)296 final - 1999/0127 COD): 17.06.1999

- Date of the opinion of the Economic and Social Committee: 20.10.1999

- Date of the opinion of the European Parliament, on first reading: 20.01.2000

- Date of transmission of the amended proposal: 04.04.2000

- Date of adoption of the common position: 30.05.2000

2. Purpose of Commission proposal

The present proposal aims to establish minimum energy efficiency standards for ballasts sold in the European Union. Adoption of the proposal will make a key contribution to improving energy efficiency of end-use electricity and therefore help to reduce CO2 emissions. Fluorescent lighting accounts for one thirds of electricity consumption in the tertiary sector, ballasts offer the best possibility for energy saving. The present proposal also fulfils the undertaking by the Commission to propose Community-wide minimum efficiency standards for ballasts to avoid Member States introducing similar standards for equipment sold in their country, which would introduce a potential barrier to trade. The impact of the proposal on manufacturing industry is limited, moreover the cost/benefit analysis shows that the impact on society as a whole is favourable, resulting in significant reduction of CO2 emissions at low cost and large savings for consumers.

3. Comments on the Common Position

3.1. The Common Position is rather close to the Commission's original proposal. The only substantial modification is the deletion of « putting into service » in Article 2. However this is replaced by the new definition of ballasts « as a single component or incorporated into luminaires » throughout the Directive, this would be equivalent in practical terms to the definition of « putting into service ». With respect to the third phase, the Common Position states that the Commission will evaluate the results achieved by the first and second phases and, if appropriate, to establish a third step, which in any case would be based on efficiency levels which would be economically and technically justified at that time. It is understood that these third step could consist in a modification (with more stringent standards) of the present proposal or an acceptable voluntary agreement reached with industry or a framework Directive associate to a standardisation mandate.

3.2. Parliament's amendment on the first reading :

- accepted by Commission and incorporated in the Common Position

- Amendments : 2 (partly), 3 (partly), 4, 5, 6, 10, 12 (partly), 14, 15, 16 and 18

- Amendment 1 accepted in principle but not in the proposed form

- Integrated in the Amended Proposal but not incorporated in the Common Position : 2 (entirely), 3 (entirely), 7, 8, 9, 11, 12 (entirely)

3.3. Any new provisions introduced by Council and Commission's position on it

- The Common Position introduces a more clear signal to manufacturer that there will be a third phase by introducing in Article 9 the following phrase « With a view to achieving a third phase in energy efficiency improvement, the Commission shall then, in consultation with the interested parties, present proposals, if appropriate, regarding further improvement of energy efficiency of ballasts ». This is acceptable to the Commission.

4. Conclusions and general remarks

- There is general agreement between the Commission's Amended Proposal and the Common Position. On the passage to the third phase there is agreement on the need to consider all possible measures to implement the then optimal level of efficiency. Some minor difference still exist in the definition in Art. 2 and in the fact that the Common Position makes reference to Council Decision 93/465/EC whenever it is possible. However it can be concluded that the Commission fully supports the Common Position.