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 establishing a framework for the setting of Eco-design requirements for Energy-using Products (and amending Council Directive 92/42/EEC and Directives 96/57/EC and 2000/55/EC of the European Parliament and of the Council) COM (2003) 453 final, C5-0453/2003, 2003/0172 (COD) amending the proposal of the Commission pursuant to Article 250 (2) of the EC Treaty
Date: 2005-05-19
Institutions: European Commission
Subjects: clean technology, drafting of EU law, energy policy, environmental protection, free movement of goods, product design, security of supply

COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 19.5.2005 
COM(2005) 219 final 

2003/0172 (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 

establishing a framework for the setting of Eco-design requirements for Energy-using 
Products (and amending Council Directive 92/42/EEC and Directives 96/57/EC and 
2000/55/EC of the European Parliament and of the Council)  
COM (2003) 453 final, C5-0453/2003, 2003/0172 (COD) 

AMENDING THE PROPOSAL OF THE COMMISSION 
pursuant to Article 250 (2) of the EC Treaty 

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2003/0172 (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  

establishing a framework for the setting of Eco-design requirements for Energy-using 
Products (and amending Council Directive 92/42/EEC and Directives 96/57/EC and 
2000/55/EC of the European Parliament and of the Council)  
COM (2003) 453 final, C5-0453/2003, 2003/0172 (COD) 

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  amendments  proposed  by 
Parliament.  

2. 

a) 

b) 

c) 

d) 

e) 

f) 

g) 

3. 

BACKGROUND 

Date of transmission to Parliament and Council: 1 August 2003 

Opinion of the European Economic and Social Committee: 31 March 2004.  

Date of the opinion of the first reading in Parliament: 20 April 2004.  

Date of (oral) transmission of the amended proposal: 27 April 2004 

Date of political agreement in the Council: 10 June 2004 

Date of adoption of the common position: 29 November 2004 (unanimity). 

Date of the opinion of the second reading 13 April 2005 

PURPOSE OF THE PROPOSAL 

The objective of the proposal is to ensure the free movement of energy-using products in the 
internal market and contribute to the environmental protection policy as well as to the security 
of energy supply. 

In the light of the estimation that over 80% of all product-related environmental impacts (such 
as  climate  change  linked  to  energy  consumption)  are  determined  during  the  product  design 
phase,  the  Commission  proposed  to  establish  a  legislative  framework  for  adoption  of 

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implementing  measures  concerning  eco-design  requirements  for  energy-using  products 
(EuPs) (excluding means of transport). Each implementing measure would be adopted by the 
Commission, assisted by a regulatory committee, and would address products in accordance 
with the criteria established in the present directive. 

4. 

OPINION  OF  THE  COMMISSION  ON  THE  AMENDMENTS  BY  THE  EUROPEAN 
PARLIAMENT 

4.1. 

Amendments accepted by the Commission 

The Commission can accept in full all 24 amendments adopted by the European Parliament. 
They are the result of a compromise package agreed between the European Parliament and the 
Council  for  the  second  reading.  The  amendments  are  in  line  with  the  objectives  of  the 
Commission’s  proposal  and  maintain  the  balance  of  interests  achieved  in  the  common 
position. The conclusion of the compromise package has been facilitated by the statement of 
the Commission during the Plenary session that the Commission would be ready to examine 
the  issue  of  the  implementation  of  Articles  36  and  37  of  the  Constitution  in  relation  to  this 
framework directive on the hypothesis of the ratification of the Constitutional Treaty. 

The amendments to the Common Position refer mainly to: 

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– 

– 

– 

– 

– 

– 

– 

Definitions (in particular for importers and their responsibilities) 

Strengthening of market surveillance  

Provisions for SMEs and consumer information 

New  formulation  in  Article  12  requiring  action  to  be  taken  when  an  energy-using 
product fulfils the selection criteria 

Increased  focus  on  energy  efficiency  in  Article  12  when  considering  the  life  cycle 
and best performing products to be taken into account when setting requirements 

Introduction of a list of products to be addressed first 

Introduction of indicative criteria for admissibility of self-regulatory activities as an 
alternative to an implementing measure 

Modifications in Annex I, in particular part 3, clarifying the scope of the assessment 
to be performed by the manufacturer. 

5. 

CONCLUSION 

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

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