OPINION OF THE COMMISSION pursuant to Article 251 (2), third subparagraph, point (c) of the EC Treaty, on the European Parliament's amendments to the Council's common position regarding the proposal for a DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on the energy performance of buildings AMENDING THE PROPOSAL OF THE COMMISSION pursuant to Article 250 (2) of the EC Treaty

2001/0098 (COD)

OPINION OF THE COMMISSION pursuant to Article 251 (2), third subparagraph, point (c) of the EC Treaty, on the European Parliament's amendments to the Council's common position regarding the proposal for a DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on the energy performance of buildings

1. Introduction

Article 251(2), third subparagraph, point (c) of the EC Treaty provides that the Commission is to deliver an opinion on the amendments proposed by the European Parliament at second reading. The Commission sets out its opinion below on the 5 amendments proposed by Parliament.

2. Background

- On 11 May 2001, the Commission transmitted to the European Parliament and to the Council its proposal for a Directive (COM(2001)226 final [1] - 2001/0098(COD)).

[1] OJ C 23 E, 31.07.2001, p. 266.

- The Economic and Social Committee delivered a favourable opinion on 17 October 2001.

- On 6 February 2002, the European Parliament, at its first reading, delivered its opinion, containing a number of amendments to the Commission proposal.

- On 16 April 2002 (COM(2002)192 final [2]), the Commission adopted, in accordance with Article 250(2) of the Treaty, an amended proposal incorporating, wholly or in part, a large number of amendments adopted by the Parliament.

[2] OJ C 203 E, 27.08.2002, p. 69.

- The Council adopted its Common Position on 7 June 2002.

- On 11 June 2002, the Commission adopted its Communication to the European Parliament on the Council's Common Position, pursuant to the 2nd subparagraph of Article 251(2) of the Treaty.

- On 10 October 2002 the European Parliament adopted, at the second reading, a resolution containing 5 amendments to the Common Position.

3. Purpose of the proposal

The Commission's initiative is in response to the wishes set forth by the European Parliament and the Council for action in favour of improved energy efficiency in buildings, with a view to realise the large energy savings potential that exists in this sector [3]. Realising this potential was foreseen to make a major contribution to improving security of supply in the EU and to meeting the EU Kyoto commitment.

[3] A5-0054/2001 and Council Conclusions 8835/00 and 14000/00 of 2000.

The Commission accordingly presented a proposal with the basic objective of promoting the improvement of the energy performance of buildings within the EU, ensuring in so far as possible that only cost-effective, technically feasible and environmentally-friendly measures are undertaken. The practical application of the elements of this proposal should remain the responsibility of the Member States.

The proposal of the Commission is intended to provide for

(1) the adoption by Member States of a methodological framework for the calculation of the energy performance of buildings;

(2) the setting and updating of minimum energy performance requirements based on this methodology and their application on most new buildings and on existing buildings larger than 1000 m2 when these are subject to major renovation;

(3) the energy performance certification of buildings when they are constructed, sold or rented out;

and

(4) the regular inspection of boilers and air-conditioning systems.

4. Opinion of the Commission on the amendments by the European Parliament

Parliament adopted 5 amendments to the Common Position of the Council at the second reading, two of which were for new recitals.

The Commission accepts all 5 amendments proposed by the European Parliament, which are in line with the objectives of the Commission's original proposal or constitute an acceptable compromise.

4.1 Amendment 8 concerns Article 15 paragraph 2, which deals with the proposed Directive's transposition period. This amendment reduces the additional transposition period of "4 years" in the Common Position to "three years", which is somewhat more in line with the Commission's original proposal. The maximum total possible transposition period thus becomes 3 plus 3 years.

The Commission is able to accept this amendment as a compromise.

4.2 Amendment 9 is a new amendment for a recital (16a) in the common position. This amendment presents in a generic way examples of means and measures for Member States to encourage enhanced energy performance.

The Commission is able to accept this amendment as it is in line with the objectives of the Commission's original proposal.

4.3 Amendment 10 is also a new amendment for a recital (18a) in the Common Position. This amendment presents the importance of individual billing and the ability to regulate one's own consumption of heat and hot water as a means to save energy.

The Commission is able to accept this amendment as it is in line with the objectives of the Commission's original proposal.

4.4 Amendment 11 is an amendment to recital 20 in the Common Position. The amendment deals with the inherent or intrinsic thermal insulation qualities of construction materials, such as porous concrete blocks.

The Commission is able to accept this amendment as it presented in the context of adaptation to technical progress of the methodology of calculation and of member States` minimum performance requirements, which is in line with the objectives of the Commission's original proposal.

4.5 Amendment 12 is an amendment to Article 2, point 2 of the Common Position and concerns the definition of energy performance. This amendment deals with the proper way to estimate or meter energy consumption and present it in relation to a standardised use.

The Commission is able to accept this amendment, as it reflects the Commission's position regarding the importance of the inclusion of a clear reference to a standardised use in the definition of energy performance, which is also in line with the objectives of the Commission's original proposal as expressed by the choice of standardised aspects included in the methodology of calculation of energy performance in the Annex to the proposal.

5. Conclusion

Pursuant to Article 250(2) of the EC Treaty, the Commission amends its proposal as set out above.