Proposal for a Directive of the European Parliament and of the Council Amending Directive 2005/32/EC establishing a framework for the setting of ecodesign requirements for energy-using products, and Council Directive 92/42/EEC and Directives 96/57/EC and 2000/55/EC of the European Parliament and of the Council, as regards the implementing powers conferred on the Commission
Date: 2006-12-22
Institutions: European Commission
Subjects: European Commission, eco-label, energy consumption, energy saving, marketing standard, powers of the institutions (EU)

COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 22.12.2006 
COM(2006) 907 final 

2006/0291 (COD) 

Proposal for a 

DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL 

Amending 

Directive 2005/32/EC establishing a framework for the setting of ecodesign requirements 
for energy-using products, and Council Directive 92/42/EEC and Directives 96/57/EC 
and 2000/55/EC of the European Parliament and of the Council, as regards the 
implementing powers conferred on the Commission 

(presented by the Commission) 

EN 

   EN 

 
 
 
  
 
2006/0291 (COD) 

Proposal for a 

DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL 

Amending 

Directive 2005/32/EC establishing a framework for the setting of ecodesign requirements 
for energy-using products, and Council Directive 92/42/EEC and Directives 96/57/EC 
and 2000/55/EC of the European Parliament and of the Council, as regards the 
implementing powers conferred on the Commission 

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION, 

Having  regard  to  the  Treaty  establishing  the  European  Community,  and  in  particular 
Article 95 thereof, 

Having regard to the proposal from the Commission1, 

Having regard to the opinion of the European Economic and Social Committee2, 

Having regard to the opinion of the Committee of the Regions3, 

Acting in accordance with the procedure laid down in Article 251 of the Treaty4, 

Whereas: 

(1) 

Directive  2005/32/EC  of  the  European  Parliament  and  of  the  Council5,  and  three 
directives  which  constitute  implementing  measures  within  the  meaning  of  Article  15 
of Directive 2005/32/EC (Council Directive 92/42/EEC of 21 May 1992 on efficiency 
requirements  for  new  hot-water  boilers  fired  with  liquid  or  gaseous  fuels6,  Directive 
96/57/EC  of  the  European  Parliament  and  of  the  Council  of  3  September  1996  on 
energy  efficiency  requirements  for  household  electric  refrigerators,  freezers  and 
combinations  thereof7  and  Directive  2000/55/EC  of  the  European  Parliament  and  of 
the Council of 18 September 2000 on energy efficiency requirements for ballasts for 
fluorescent lighting8), stipulate that certain measures should be adopted in accordance 

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2 
3 
4 
5 
6 
7 
8 

OJ C […], […], p. […]. 
OJ C […], […], p. […]. 
OJ C […], […], p. […]. 
OJ C […], […], p. […]. 
OJ L 191, 22.7.2005, p. 29. 
OJ L 167, 22.6.1992, p.17. Directive as last amended by Directive 2005/32/EC. 
OJ L 236, 18.9.1996, p.36. Directive as amended by Directive 2005/32/EC. 
OJ L 279, 1.11.2000, p.33. Directive as amended by Directive 2005/32/EC. 

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(2) 

(3) 

(4) 

(5) 

(6) 

(7) 

with Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for 
the exercise of implementing powers conferred on the Commission9. 

Decision 1999/468/EC has been amended by Decision 2006/512/EC, which introduced 
the  regulatory  procedure  with  scrutiny  for  measures  of  general  scope  intended  to 
amend  non-essential  elements  of  a  basic  instrument  adopted  in  accordance  with  the 
procedure referred to in Article 251 of the Treaty, including by deleting some of those 
elements or by supplementing them by the addition of new non-essential elements. 

In accordance with the joint statement of the European Parliament, the Council and the 
Commission on Decision 2006/512/EC10, instruments which are already in force must 
be  adjusted  in  accordance  with  the  applicable  procedures  in  order  to  replace  the 
regulatory  procedure  provided  for  in  Article  5  of  Decision  1999/468/EC  by  the 
regulatory procedure with scrutiny, in all cases where measures fall within its scope. 

The  statement  comprises  a  list  of  instruments  to  be  adapted  as  a  priority,  including 
this  Directive  requires  adapting  Directives 
Directive  2005/32/CE.  Adapting 
92/42/EEC, 96/57/EC and 2000/55/EC. 

In  particular,  power  should  be  conferred  on  the  Commission  to  amend  or  repeal 
Directives 92/42/EEC, 96/57/EC and 2000/55/EC. Such amendment or repeal shall be 
decided  in  accordance  with  the  regulatory  procedure  with  scrutiny  provided  for  in 
Article 5a of Decision 1999/468/EC. 

Directive 2005/32/EC and Directives 92/42/EEC, 96/57/EC and 2000/55/EC must be 
amended accordingly. 

Since  the  amendments  made  to  Directive  2005/32/EC,  as  well  as  to  Directives 
92/42/EEC,  96/57/EC  and  2000/55/EC,  by  this  Directive  are  technical  in  nature  and 
concern committee procedures only, they do not require transposition by the Member 
States. Therefore it is not necessary to establish provisions for this purpose, 

HAVE ADOPTED THIS DIRECTIVE: 

Article 1 

The following paragraph 2a is inserted in Article 19 of Directive 2005/32/EC: 

"2a.  Where  reference  is  made  to  this  paragraph,  Article  5a(1)  to  (4)  and  Article  7  of 
Decision 1999/468/EC shall apply, having regard to the provisions of Article 8 thereof". 

Article 2 

In  Article  10a  of  Directive  92/42/EEC,  the  words  "in  accordance  with  Article  19(2)  of 
Directive  2005/32/EC"  are  replaced  by  the  words  "in  accordance  with  Article  19(2a)  of 
Directive 2005/32/EC". 

9 

10 

OJ  L  184,  17.7.1999,  p. 23.  Decision  as  amended  by  Decision  2006/512/EC  (OJ  L  200,  22.7.2006, 
p. 11). 
OJ C 255, 21.10.2006, p.1.  

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Article 3 

In Article 9a of Directive 96/57/EC, the words "in accordance with Article 19(2) of Directive 
2005/32/EC"  are  replaced  by  the  words  "in  accordance  with  Article  19(2a)  of  Directive 
2005/32/EC". 

Article 4 

In  Article  9a  of  Directive  2000/55/EC,  the  words  "in  accordance  with  Article  19(2)  of 
Directive  2005/32/EC"  are  replaced  by  the  words  "in  accordance  with  Article  19(2a)  of 
Directive 2005/32/EC". 

This  Directive  shall  enter  into  force  on  the  [..]  day  following  that  of  its  publication  in  the 
Official Journal of the European Union. 

Article 5 

Article 6 

This Directive is addressed to the Member States. 

Done at Brussels,  

For the European Parliament 
President 

For the Council 
President 

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