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 Directive of the European Parliament and of the Council on Energy End-Use Efficiency and Energy Services
Date: 2005-09-26
Institutions: European Commission
Subjects: EU policy, energy consumption, energy efficiency, energy policy, energy saving, environmental protection, greenhouse gas

COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 26.9.2005 
COM(2005) 455 final 

2003/0300 (COD) 

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 Directive of the European 
Parliament and of the Council on Energy End-Use Efficiency and Energy Services 

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2003/0300 (COD) 

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 Directive of the European 
Parliament and of the Council on Energy End-Use Efficiency and Energy Services 

1. 

BACKGROUND 

Date of transmission of the proposal to the EP and the Council 
(document COM(2003) 739 final – C5-0642-03–2003/0300(COD)): 

11 December 2003

Date of the opinion of the European Economic and Social 
Committee: 

28 October 2004

Date of the opinion of the European Parliament, first reading: 

7 June 2005

Date of adoption of the common position: 

23 September 2005 

2. 

OBJECTIVE OF THE COMMISSION PROPOSAL 

This proposal is designed to promote and develop a market for energy end-use efficiency and 
energy services, contributing to the reduction of carbon dioxide emissions and to the Lisbon 
process,  while  improving  the  security  of  energy  supply.  The  main  elements  of  the  proposal 
are as follows: 

•  The proposal sets forth two uniform annual compulsory energy savings targets for a period 
of  six  years.  These  are  (1)  an  overall  cumulative  target  of  1%  of  the  average  amount  of 
energy distributed and/or sold to final consumers during a previous period (of five years) 
and (2) a similar but more ambitious sub-target of 1.5% each year for the public sector. 

•  Member  States  will  also  place  an  obligation  on  retail  suppliers  and/or  distributors  of 

energy to offer energy services to their customers or offer them energy audits. 

•  In  order  to  help  Member  States  measure  progress  towards  achieving  the  targets,  the 
proposal  sets  forth  a  framework  for  a  harmonised  methodology  for  measuring  progress 
towards meeting the targets.  

•  In addition to the above targets and the obligation, the proposal sets forth tools in the form 
of special financing instruments for energy efficiency, requirements for improved metering 
and  billing  to  provide  better  consumer  information,  and  requirements  for  certification  of 
energy service providers. Measures are also included that are intended to improve energy 
audits  and  to  encourage  regulators  to  develop  electricity  and  gas  distribution  tariffs  that 

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promote  energy  efficiency  instead  of  unnecessarily  encouraging  increased  energy 
consumption. 

The  proposal  is  broad  in  its  scope.  It  covers  the  distribution  and  sales  of  most  types  of 
delivered energy to final customers, including electricity, gas, heating oil and transport fuels. 
It covers most final  (or  “end-use”)  energy consumers, except  those in the emissions trading 
sector.  

3. 

COMMENTS ON THE COMMON POSITION 

3.1. 

Overall remarks on the common position 

The  Commission  considers  that  the  Common  Position  that  has  been  reached  is  generally 
faithful to the spirit of the Commission’s proposal of 10 December 2003, with the exception 
of (1) the nature of the overall savings target (indicative as opposed to binding) and (2) the 
removal of the savings target for the public sector. The Common Position is acceptable as an 
important step forward in realising an overall agreement with the European Parliament on this 
proposal  because  the  Common  Position  sets  forth  acceptable  compromises  in  essentially  all 
other areas of the proposal and thus prepares a good basis for the second reading. The issues 
regarding the target and the public sector remain, of course, to be resolved. 

The  Commission  is  also  of  the  opinion  that  the  Common  Position  improves  the  original 
proposal  in  many  respects,  while  at  the  same  time  addressing  many  of  the  ideas  and  issues 
that have been raised by the European Parliament in their amendments.  

The  introduction  of  new  recitals,  the  improvement  of  the  existing  definitions  and  the 
introduction  of  new  definitions  have  all  improved  the  cohesiveness  and  consistency  of  the 
Commission Proposal.  

The broadening of the scope in Article 6 (an obligation for energy suppliers to provide their 
customers with energy services), for example, improves this article by providing for several 
additional  alternative  ways  to  meet  the  obligation.  Included  now  are  the  offering  of  energy 
services,  energy  audits,  energy  efficiency  improvement  measures  or  paying  into  an  energy 
efficiency  fund.  Removal  of  the  free  audits  option  also  allows  enterprises  to  work  with 
prevailing market conditions.  

The terms now set forth in the articles on financial instruments, billing, metering and energy 
audits  have  been  refined  and  aligned  more  closely  with  Member  State  conditions.  The 
Committee that has been created to assist the Commission in developing a more harmonised 
scheme for measuring energy efficiency improvements is also regarded as an improvement.  

Many  of  the  amendments  put  forward  by  Parliament  in  first  reading  and  accepted  by  the 
Commission are already reflected in the Common Position, fully, in principle or in part. These 
include  most  of  the  definitions,  the  introduction  of  a  comitology  procedure,  and  the 
improvement of Article 6 on the obligation. In addition, many of the aspects of the system for 
measuring  energy  efficiency  improvements  found  in  the  Parliament’s  amendments  have 
already  been  integrated  in  the  Common  Position.  These  are  also  acceptable  by  the 
Commission.  These  include  the  concepts  of  bottom-up  measurements  and  top-down 
indicators, as well as benchmarking, which is used as a comparative top-down indicator. 

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On  the  other  hand,  the  Common  Position  does  not  address  some  issues  raised  in  the 
Parliament’s  amendments,  leaving  them  for  further  consideration  and  discussion.  These 
include  the  mandatory  nature  of  the  targets,  a  possible  longer  target  period,  possible  higher 
targets, and the need for a specific target for the public sector. Although many of these issues 
will  be  considered  at  a  later  date,  the  Commission  must  underscore  the  fact  that  it  cannot 
accept the Common Position’s modification of the 1 % mandatory overall savings target to an 
indicative target1. For the same reason, the Commission does not accept the weakening of the 
1.5% mandatory public sector target by making it a simple requirement for the Member States 
to  ensure  that  the  public  sector  undertakes  energy  efficiency  measures2.  Finally,  there  is  a 
recital  (8a)  in  the  Common  Position  that  re-iterates  the  fact  that  indicative  targets  are  not 
legally binding. This is also unacceptable by the Commission because it negates and reduces 
even further the importance of complying with and respecting the targets. 

The  Common  Position  thus  postpones  until  later  the  discussion  on  a  number  of  the 
amendments  from  the  European  Parliament.  Some  of  these  could  probably  have  been 
accepted in part or in principle by the Member States and included in the Common Position, 
had time allowed for them to be discussed at length. The need to consolidate and include in 
the  Common  Position  the  compromises  reached  in  all  the  other  areas  of  the  proposal  has 
instead been given priority. In the opinion of the Commission  some of  the amendments not 
incorporated in the Common Position could be incorporated. (See 3.4 below.)  

3.2. 

Amendments accepted by the Commission and incorporated in full or in part in 
the Common Position 

Amendment 1(Recital 1) states that improved energy efficiency facilitates the introduction of 
renewables,  and  an  increased  use  of  renewables  is  also  an  important  Community  energy 
objective. This is an important additional benefit of improved energy efficiency that is often 
neglected. 

Amendment 3 as re-drafted adequately expresses the many advantages of improving energy 
efficiency.  The  more  general  reference  to  the  Lisbon  strategy  is  considered  to  have  more 
currency than references to the Kok High-Level Group.  

Amendments  5  and  12  are  incorporated  in  Recital  9  (supply  of  and  demand  for  energy 
services), in Recital 12 (the role of the public sector in increasing demand for energy-efficient 
technology and energy services) and Recital 15a (comitology), all of which are important.  

Amendment  7  is  satisfactorily  incorporated  except  for  the  part  on  the  nature  of  the  target, 
which has been made indicative in the Common Position. Omission of this part is, of course, 
unacceptable. Omission of the reference to standards, however, is acceptable because this, at 
least with regard to tradable goods, is now the competence of the Commission. 

Amendment  8  is  acceptable  as  incorporated.  In  Article  6.3  (on  obligations  for  the  energy 
suppliers  to  offer  their  customers  energy  services  and  other  energy  efficiency  improvement 
measures),  it  is  made  clear  that  Member  States  must  ensure  that  all  relevant  market  actors 

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The European Parliament’s position on maintaining a mandatory target is in line with the Commission’s 
position.  This  was  clearly  demonstrated  by  the  size  of  the  vote  in  the  plenary  session  of  7  June.  The 
vote (458 for, 148 against and 27 abstentions) shows strong support for mandatory targets, and provides 
a clear mandate in the second reading. 
The European Parliament not only prefers to maintain a specific public sector target, but has adopted an 
amendment to increase the size of the target. 

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must  be  allowed  to  enter  this  market  and  be  ensured  of  a  level  playing  field.  The  principle 
expressed in Amendment 8 of regulating and prohibiting the use of cross-subsidies between 
energy and technology is important and is partially addressed in Article 6.3. 

Amendment 10, which deletes Recital 12, is acceptable because it is replaced satisfactorily by 
Amendment 5, as incorporated. 

Amendment 11, on the value of recent developments in metering technology, is reflected in 
Recital  13a  of  the  Common  Position.  This  is  also  true  of  Amendment  13  on  the  Internal 
Market Directives, now covered satisfactorily and incorporated in Recital 4. 

Amendment 12 on the comitology procedure is reflected in an acceptable way in Recital 15a 
in the Common Position. 

Amendment  14  has  been  satisfactorily  incorporated  in  part,  as  reflected  in  Article  2.2.  The 
Commission accepts the exclusion of the emissions trading sector. The facilities covered by 
the IPPC Directive are almost the same as in the Emissions Trading Directive, and there is an 
exclusion in the IPPC Directive for bio-degradable waste that would create an inconsistency 
in  the  Common  Position.  Therefore,  the  Commission  also  accepts  the  removal  of  the  IPPC 
exclusion.  The  issue  of  buildings  and  their  exclusion  is  addressed  in  Article  12.3,  where 
energy  audits  used  in  buildings  certification  are  accepted  as  complying,  thus  implicitly 
allowing the exclusion referred to in this amendment. 

Amendment  15,  on  waste  from  landscape  conservation,  is  not  explicitly  incorporated  in  the 
Common  Position,  but  is  still  implicitly  and  for  the  Commission  satisfactorily  covered  in 
Article 3 (a), where the definition of biomass from Directive 2001/77/EC is applied. 

Amendments  16,  17,  21  and  22  on  the  definitions  (Article  3)  have  been  satisfactorily 
incorporated  in  the  definitions  in  the  Common  Position.  (Amendment  21  and  22  propose  a 
redrafting  of  the  definitions  of  “'Third-party  financing  contract”  and  "Energy  performance 
contracting”. These are acceptable to the Commission.) Amendment 23 is incorporated in the 
DE language verion. 

Amendment  26  on  “energy  savings  performance  contracts”  has  not  been  explicitly 
incorporated in the Common Position because this definition is now considered to be a subset 
of “energy performance contracts”, for which a definition exists in the Common Position. The 
Commission accepts this now as sufficient incorporation.  

Amendment  33  underscores  the  fact  that  national  energy  efficiency  measures  may  already 
exist.  The  Commission  concurs  with  the  need  to  verify  the  effects  of  existing  national 
measures as these can be credited towards meeting the savings target. 

Amendment 47 removes free audits as a way of fulfilling the obligation in Article 6. This is 
acceptable  because  there  is  a  need  to  further  develop  the  emerging  commercial  market  to 
provide such audits.  

Amendment 48 is acceptable as incorporated because the demand side is as important as the 
supply  side  of  the  market  for  energy  services  and  other  energy  efficiency  improvement 
measures. It should also be incumbent upon the Member States to take the necessary measures 
to prevent market impediments. 

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Amendment  49  sets  forth  the  need  to  protect privacy  and  personal  integrity.  This  important 
aspect has been satisfactorily incorporated. 

Amendment 50 provides for Member States to ensure that all market actors can participate in 
the  market  for  energy  services  and  energy  efficiency  improvement  measures.  This  is  an 
important consideration and it is accurately incorporated in the Common Position. 

Amendment 57 is acceptable as incorporated since there is a need to require Member States to 
address the small customers in the domestic sector, where transactions costs are higher. 

Amendment 58 is incorporated in a satisfactory manner since energy efficiency funds should 
be open to all providers of energy services and energy efficiency improvement measures. 

Amendment  64  is  acceptably  incorporated,  stating  that  information  should  be  regular  and 
come frequently enough to allow customers to regulate their consumption. 

Amendment  69  is  satisfactorily  incorporated.  Information  should  be  made  available  to  final 
customers and to other bodies such as energy agencies. 

Amendment 74 states that a Commission report should be prepared not later than four years 
after transposition. This is partially incorporated. However, it is also appropriate to include in 
Article  14.1  the  proposed  requirement  on  sharing  best  practices,  as  suggested  in  the 
Amendment. 

Amendment  76  is  incorporated  in  Article  16.  It  proposes  a  comitology  procedure  to  help 
develop a harmonised system for measuring energy efficiency improvements.  

Amendment  78  is  incorporated  in  a  way  which  leads  to  the  clarification  of  the  calculation 
method, as intended by the amendment in question.  

Amendment 79 is incorporated in Annex I, although a six-year base is used. The clarification 
regarding the calculation of the target and the fact that this target is fixed, and not subject to 
changes in GDP in future years, are also acceptably incorporated. 

Amendments  82,  86,  88  and  90  propose  new  examples  of  eligible  energy  efficiency 
improvement  measures  and  are  incorporated  in  Annex  III  in  an  acceptable  manner  because 
this makes the list more comprehensive.  

Amendments 83, 84, 92, 93 95 and 96 are accepted in part or in principle by the Commission. 
These  amendments  have  also  been  acceptably  incorporated  into  the  Common  Position: 
Amendments 83, 92 and 95 are partly incorporated in the new text in Annex III, points m and 
n. Amendment 93 is partly introduced in point f (new efficient devices and time control for 
optimised energy use) and point d (digital control systems). Amendment 84 is also partially 
incorporated  under  point  f  (combined  heat  and  power  appliances).  Amendment  96  is  partly 
incorporated (implicitly)under point p (energy labelling schemes). 

Amendment  99  outlines  a  harmonised  bottom-up  system  for  the  measurement  of  energy 
efficiency improvements. This has been partially incorporated in a manner satisfactory for the 
Commission. However, the proposed thresholds -- 2% ceiling for measurement costs and 40 
million kWh for the use of simplified indicators --should be left to comitology.  

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3.3. 

Amendments  rejected  by  the  Commission  but  incorporated  in  the  common 
position 

Amendments  80,  87,  and  98  were  rejected  by  the  Commission  but  incorporated  into  the 
Common Position. Amendment 80 is incorporated in the Common Position to the extent that 
early  measures  must  have  “a  lasting  effect”.  The  Commission  has  rejected  Amendment  80 
largely  because  it  attempts  to  shorten  the  period  for  acceptance  for  “early  actions”  taken  in 
Member  States  by  moving  the  start  year  from  1995  (1991  in  some  cases)  to  2000. 
Amendments  87  and  98  (in  Annex  III  and  Annex  IV)  were  rejected  by  the  Commission 
because they were already covered elsewhere and were thus deemed unnecessary. (This could 
also  be  interpreted  as  meaning  that  they  are  already  successfully  incorporated  and  should 
therefore be considered under 3.2, above.) 

3.4. 

Amendments accepted by the Commission and not incorporated in the common 
position 

Amendment  2  (new  Recital  2a)  and  Amendment  4  are  acceptable  by  the  Commission, 
although they are not incorporated in the Common Position. It has not been deemed necessary 
in the Common Position to re-iterate the fact that the proposed targets may not automatically 
prevent  total  energy  consumption  from  growing.  (However,  the  absolute  and  fixed  value  of 
the  amount  of  energy  to  be  saved  can  be  considered  satisfactorily  incorporated  in  Annex  I, 
part 1of the Common Position.) 

Amendment  6  on  the  2.5%  energy  intensity  improvement  target  in  the  Parliamentary 
Resolution of 14 March 2001 indicates the importance that is  attached  by the Parliament to 
improving energy efficiency as quickly as possible and is therefore acceptable, although it is 
not incorporated in the Common Position. 

Amendment  9  provides  clearly  for  the  possibility  to  use  funds  to  start  up  the  market  for 
energy efficiency and is therefore acceptable, although not incorporated.  

There  are  several  other  amendments  that  are  acceptable  to  the  Commission,  but  were  not 
incorporated in the Common position. The following deserve to be highlighted since they deal 
with Articles 4 and 5, on the overall and public sector targets, respectively: 

Amendment  28  is  acceptable  in  principle  by  the  Commission  (provided  “energy  efficiency 
improvement  measures”  replaces  “energy  efficiency  measures,  in  order  to  agree  with  the 
Common Position definitions). This is an important amendment that reflects the Parliament’s 
view  regarding  mandatory  targets  and  a  longer  (nine-year)  target  period  consisting  of  three 
three-year targets instead of a six-year target. 

Amendment 29 is also acceptable by the Commission in part because the idea of the nine-year 
target  is  acceptable.  However,  progressively  increasing  the  size  of  the  three  targets  poses  a 
problem because during this period a more accurate bottom-up system for target measurement 
will  be  brought  into  use.  Normally,  a  more  accurate  bottom-up  system  allows  for  a  lower 
target  than  would  be  the  case  with  a  target  measured  only  by  a  top-down  system.  This  is 
because the margin of error is lower with bottom-up measurement.  

Amendment 32 requires Member States to implement new measures if they report that they 
are falling short of the target. This is acceptable with re-drafting because the requirement will 
promote immediate action on the part of Member States. It would be better placed, however, 
in the reporting article (Article 14). 

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In Amendment 39 (on public sector targets), three consecutive three-year mandatory  targets 
are  proposed.  This  principle  is  acceptable  although  it  has  not  been  incorporated.  However, 
gradually  increasing  the  target  to  2%  a  year  is  not  consistent  with  the  gradual  development 
and  implementation  of  a  more  accurate  bottom-up  system,  which  should  allow  a  constant 
target.  In  addition,  the  level  is  higher  than  what  is  likely  to  be  attainable  in  some  Member 
States. Amendment 40 is acceptable for the same reason, namely because it refers to the three 
consecutive three-year targets. 

Amendment  41  sets  forth,  in  addition  to  mandatory  targets,  mandatory  public  purchasing 
guidelines. Such guidelines are the best way to ensure that the target can actually be reached.  

Amendment  43  requires  the  publication  and  reporting  of  each  Member  State  system  of 
national procurement guidelines and the evaluation of these by the Commission. This would 
allow fairness, comparability and in time some degree of harmonization, at least regarding the 
level of ambition. These principles are all acceptable by the Commission. 

Amendment 45 on the use of (voluntary) agreements to fulfil requirements has already been 
accepted in other Directives (e.g., the Energy performance of buildings Directive), provided 
equivalence can be demonstrated. It is also acceptable here, being mentioned in Article 5.1. 

Amendment 85 on passive heating and cooling is important but is lacking in Annex III in the 
Common Position.  

In  addition  to  the  amendments  mentioned  above,  the  Commission  is  also  accepting  the 
following amendments from Parliament, fully, in part or in principle: 30-31, 34, 38, 40, 44, 
46, 51-52, 54, 60, 63, 65-66, 71-72, 75, 78, 95, and 107-109. These have not been included in 
the  Common  Position  for  varying  reasons.  In  many  cases  additional  time  and  further 
discussion  would  have  been  needed  to  gain  acceptance  in  the  Council.  Examples  are 
Amendments  30,  46  and  107(excluding  the  part  on  differentiated  targets,  which  is 
unacceptable by the Commission) and 108 (including benchmarking, which could probably be 
accepted  as  a  top-down  indicator  to  guide  Member  States  in  selecting  cost-effective  sectors 
for energy efficiency measures). Amendment 31 concerns a nine-year target instead of a six-
year  target  and  could  probably  be  considered  as  a  means  of  increasing  flexibility. 
Amendments 38, 40 and 44 have not been incorporated in the Common Position due to the 
fact that the role of the public sector and the public sector target have both been diminished 
compared  to  the  Commission’s  original  proposal.  Amendments  related  to  Article  7  in  the 
Common  Position  (Amendments  51,  52  and  54)  could  also  possibly  be  considered,  even 
though  the  nature  of  Article  7  has  changed  in  the  Common  Position.  Amendment  63,  on 
replacing  meters  could  also  probably  be  accepted  after  discussion  and  slight  re-drafting. 
Amendment  75  on  a  Commission  cost-benefit  report  could  also  possibly  be  acceptable  but 
with different deadlines and under different conditions. Amendments 78 and 95 on Annexes I 
and III, respectively, could also very probably be acceptable after further discussion.  

(The Commission has rejected the following amendments to Annex III, which have also not 
been  incorporated  in  the  Common  Position:  Amendments  81,  89  and  91,  on  enabling 
equipment, fuel switching and bio-fuels, respectively. All of these are out of the scope of the 
proposed Directive.) 

3.5. 

New elements introduced by the Council  

Compared to the proposal as presented by the Commission, the Common Position contains a 
number  of  changes,  many  of  which  are  in  line  with  in  the  Parliament’s  amendments,  as 

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described above. A notable exception is the change from a mandatory target to an indicative 
target (Art. 4.1 and Recital 8a). And there is no longer a (higher) specific target (1.5%) for the 
public  sector  (Art.  5.1).  Member  States  are  instead  obliged  to  take  measures  which  will 
contribute  towards  achieving  the  overall  target  (Art.  4.1).  An  indicative  list  of  energy 
efficiency improvement measures for the public sector is instead added in a new Annex V. 

In addition, a Comitology procedure is now included in the Common Position. Its purpose is 
to  further  develop  the  calculation  methodology  set  out  in  the  Annexes  and  to  adapt  it  to 
technical  developments.  This  is  in  line  with  the  European  Parliament’s  amendments. 
Furthermore, provisions have been introduced that will allow the use of voluntary agreements 
and  white  certificate  schemes  as  instruments  that  will  contribute  towards  fulfilling  the 
obligation in Article 6 and toward target achievement. 

4. 

CONCLUSION 

The Commission considers that the Common Position unanimously adopted on 19 September 
2005  further  clarifies  many  issues,  improves  the  definitions,  and  provides  for  a  satisfactory 
comitology  process  and  for  a  framework  for  measuring  energy  efficiency  improvements.  It 
also introduces additional flexibility for the cost-effective implementation of the Directive in 
Member States.  

Other issues related to the scope of the qualification process for providers of energy services 
and  other  energy  efficiency  improvement  measures  and  to  the  promotion  of  financial 
instruments  for  energy  efficiency  investments  have  also  been  effectively  dealt  with  and 
improved.  The  Commission  finds  acceptable  in  the  Common  Position  the  use  of  innovative 
tariff structures, the structure of efficiency funds, and the availability and quality assurance of 
energy audits. Measures to ensure improved metering and informative billing have also been 
satisfactorily  formulated  to  obtain  a  balance  that  ensures  implementation  in  a  cost-effective 
manner. 

The Common Position thus consolidates the agreements reached in Council on a large number 
of  important  issues  and  does  so  in  a  way  that  incorporates  into  the  relevant  Recitals  and 
Articles many of the amendments adopted by the European Parliament.  

However, the Commission regrets to note the absence of meaningful mandatory targets in the 
Common Position, both for the overall target and for the public sector target. It also cannot 
accept  Recital  8a,  which  re-iterates  and  emphasises  the  non-binding  nature  of  the  proposed 
savings  target.  The  Commission  is  of  the  opinion  that  the  importance  of  working  towards 
improved  energy  efficiency  is  undermined  by  the  weakened  nature  of  the  target  and  by 
Recital 8a. Moreover the weakening of requirements regarding public procurement guidelines 
is lamentable. 

The Commission notes the importance Member States have attached and continue to attach to 
improved energy efficiency. The Commission is thus aware of the broad support given by the 
Member  States  to  the  general  aim  of  this  proposal.  The  Commission  sees  a  certain 
inconsistency  in  the  concern  voiced  by  the  Member  States  regarding  the  prospect  of 
infringement procedures for  non-achievement of the target level of the savings (Recital 8a). 
This is in view  of the fact that Member  States need only take those  measures  that  are cost-
effective.  Also,  while  the  “energy-consuming  behaviour”  of  individual  citizens  and 
undertakings  may  sometimes  be  difficult  to  influence  as  much  as  is  desirable,  energy 

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efficiency  improvements  in  the  public  sector  can  be  strongly  influenced.  This  is  not  made 
clear in the Common position. 

In general, the Commission considers that by not meeting the overall annual savings target set 
forth  in  the  proposal,  it  will  mean  that  the  Member  States  and  the  EU  as  a  whole  will 
experience difficulty in meeting their Kyoto commitments. This is because at least half of the 
commitment  must  come  from  increased  energy  savings.  Not  meeting  the  targets  will  also 
hamper progress towards meeting the Community competitiveness and employment goals as 
set out in the Lisbon strategy. It will also mean that an opportunity to improve the security of 
energy supply in the EU will be lost. 

The Commission therefore considers the Common Position to be a useful stepping stone upon 
which  to  build  further  and  from  which  to  go  back  and  resolve  in  second  reading  the  few 
remaining issues concerning the need for meaningful targets and the need to accept a leading 
role for the public sector. 

The Commission commends this Common Position to the European Parliament. 

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