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 energy end-use efficiency and energy services (and repealing Council Directive 93/76/EEC) COM (2003) 739 final, C6-0298/2005-2003/0300 (COD)) amending the proposal of the Commission pursuant to Article 250 (2) of the EC Treaty
Date: 2006-02-07
Institutions: European Commission
Subjects: EU policy, energy consumption, energy efficiency, energy policy, energy saving

COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 7.2.2006 
COM(2006) 53 final 

2003/0300 (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 energy end-use efficiency and energy services (and repealing Council Directive 
93/76/EEC) COM (2003) 739 final, C6-0298/2005-2003/0300 (COD)) 

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

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2003/0300 (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 energy end-use efficiency and energy services (and repealing Council Directive 
93/76/EEC) COM (2003) 739 final, C6-0298/2005-2003/0300 (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) 

h) 

3. 

BACKGROUND 

Date of the Commission decision: 10.12.2003. 

Date of transmission to Parliament and Council: 11.12.2003. 

Date of opinion of Committee of the Regions: 17.6.2004. 

Date of opinion of the European Economic and Social Committee: 28.10.2004.  

Date of the opinion of the first reading in Parliament: 7.6.2005.  

Date of political agreement in the Council: 28.6.2005. 

Date of adoption of the common position: 23.9.2005. 

Date of the opinion of the second reading: 13.12.2005. 

PURPOSE OF THE PROPOSAL 

The  objective  of  the  proposal  is  to  promote  energy  efficiency  and  energy  services  and  to 
develop the markets for these as a means of contributing to environmental protection as well 
as to the security of energy supply. 

This  proposal  is  designed  to  help  remove  informational,  financial,  institutional  and  other 
barriers that prevent the realisation of the significant energy savings potential that exists in all 
the Member States. It does this by laying down requirements in the following areas: improved 

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information; better qualification and accreditation of providers of energy services and energy 
efficiency;  the  promotion  of  financial  instruments  for  energy  savings;  improved  tariff 
structures;  better  funding  mechanisms;  improved  energy  audits;  and  improved  metering  and 
billing.  To  ensure  the  fullest  possible  implementation  of  the  Directive  it  also  sets  out  an 
annual  uniform  energy  savings  target,  as  well  as  obligations  for  the  public  sector  to  save 
energy. Moreover, obligations are placed on energy retailers and distributors to provide their 
customers with energy services and energy efficiency improvements. To measure and report 
all  of  these  improvements  in  energy  efficiency  the  Directive  also  provides  for  a  uniform 
measurement methodology and for reporting requirements for the Member States. 

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 49 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 succeed in introducing mandatory elements that compensate for 
the  lack  of  a  binding  energy  savings  target  and  a  separate  target  for  the  public  sector1.  The 
conclusion  of  the  compromise  package  has  been  facilitated  by  the  introduction  –  using 
Amendment 73 (on Article 4, para 2) and Amendment 84 (on Article 14, para 2) – of national 
Energy Efficiency Action Plans and related mandatory reporting requirements. Moreover, the 
introduction  –  using  Amendment  75  (on  Article  5,  para  1,  subpara  2)  –  of  binding 
requirements for the public sector has made the compromise proposal more acceptable to the 
Commission.  

The amendments to the common position refer mainly to: 

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– 

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New  recitals  to  clarify  certain  conditions  laid  down  in  the  Articles,  especially 
Articles 4, 5 and 6, in which savings targets, public sector obligations and obligations 
on energy retail and distribution companies, respectively, are established.  

Definitions  (Article  3)  that  increase  the  scope  of  the  Directive,  although  only 
marginally. 

The introduction of an intermediate savings target for the third year of application of 
the Directive, to be reported in the first national Energy Efficiency Action Plan by 30 
June 2007, along with an overview of the Member State strategy on the achievement 
of the intermediate target and overall savings targets (Article 4, para 2).  

Systematic  and  rigorous  reporting  requirements  by  the  Member  States  and  by  the 
Commission (Article 14), including activity in the public sector (Recital 10(b).  

The  development  of  the  energy  efficiency  improvement  measurement  system 
(Article 15 and Annexes I, III and IV). 

It  is  recalled  that  the  Commission  rejected  the  common  position  on  the  grounds  that  there  were  no 
mandatory savings targets, and no separate savings target for the public sector.  

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– 

– 

The introduction of an indicative list of energy conversion markets and sub-markets 
for which benchmarks can be worked out (Annex IVa). 

The inclusion of public sector obligations relating to the energy-efficient purchasing, 
rental, replacement and retrofitting of buildings (Annex V). 

5. 

CONCLUSION 

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

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