Proposal for a DECISION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on adapting Directive 2012/27/EU of the European Parliament and of the Council on energy efficiency [as amended by Directive 2018/XXX/EU] and Regulation (EU) 2018/XXX of the European Parliament and of the Council [Governance of the Energy Union], by reason of the withdrawal of the United Kingdom from the European Union
Date: 2018-11-13
Institutions: Directorate-General for Energy, European Commission
Subjects: EU energy policy, United Kingdom, adaptation to climate change, energy consumption, energy cooperation, energy efficiency, energy saving, reduction of gas emissions, withdrawal from the EU

EN 

  EN 

   EUROPEAN COMMISSION  Strasbourg, 13.11.2018  COM(2018) 744 final 2018/0385 (COD)  Proposal for a DECISION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on adapting Directive 2012/27/EU of the European Parliament and of the Council on energy efficiency [as amended by Directive 2018/XXX/EU] and Regulation (EU) 2018/XXX of the European Parliament and of the Council [Governance of the Energy Union], by reason of the withdrawal of the United Kingdom from the European Union (Text with EEA relevance)  
 
 
EXPLANATORY MEMORANDUM 

1. 

• 

CONTEXT OF THE PROPOSAL 

Reasons for and objectives of the proposal 

The  present  proposal  for  a  Decision  of  the  European  Parliament  and  the  Council  adapting 
Directive  2012/27/EU  [as  amended  by  Directive  2018/XXX/EU]1  on  energy  efficiency  and 
the  Regulation  (EU)  2018/XXX  [Governance  of  the  Energy  Union]  is  necessitated  by  the 
upcoming withdrawal of the United Kingdom from the European Union.  

The  United  Kingdom  submitted  on  29  March  2017  the  notification  of  its  intention  to 
withdraw from the Union pursuant to Article 50 of the Treaty on European Union. This means 
that, unless a ratified  withdrawal  agreement  establishes another date,  all Union primary and 
secondary law will cease to apply to the United Kingdom from 30 March 2019, 00:00h (CET) 
('the  withdrawal  date').  Negotiations  are  ongoing  with  the  United  Kingdom  with  a  view  to 
reaching a withdrawal agreement. 

Furthermore, in accordance with Article 50(3) of the Treaty on European Union, the European 
Council, in  agreement  with the United  Kingdom, may unanimously decide that the Treaties 
cease to apply at a later date. 

The  present  proposal  covers  Directive  2012/27/EU  of  the  European  Parliament  and  the 
Council of 25 October 2012 on energy efficiency [as amended by Directive 2018/XXX/EU] 
and  Regulation  (EU)  2018/XXX  [Governance  of  the  Energy  Union]2.  The  energy 
consumption figures for 2030 given in both legal acts cover 28 Member States (EU28). 

Directive  2012/27/EU,as  amended  by  Directive  2018/XXX/EU,  sets  a  Union  energy 
efficiency  target  of  at  least  32,5%  for  2030  and  requires  Member  States  to  set  indicative 
national  energy  efficiency  contributions.  In  so  doing  the  Member  States  should  take  into 
account the Union's 2030 energy consumption3. Regulation (EU) 2018/XXX [Governance of 
the Energy Union] requires Member States in their contribution setting process  for the Union 
2030 target for energy efficiency to take into account the Union's 2030 energy consumption. 
Energy  consumption  at  Union  level  is  also  relevant  for  the  European  Commission's 
assessment of progress towards collectively achieving the Union's targets. 

The  revised  Energy  Efficiency  Directive  translates  the  Union's  2030  energy  efficiency 
headline target of at least 32,5 % into absolute values of no more than 1 273 Mtoe of primary 
and no more than 956 Mtoe of final energy consumption for the Union of 28 Member States. 
These values are calculated by reducing the 2007 PRIMES reference scenario projections for 
the  EU  in  2030  by  32,5 %.  The  respective  projections  for  the  EU  27  excluding  the  United 
Kingdom result in absolute energy consumption levels of no more than 1 128 Mtoe of primary 
energy consumption and no more than 846 Mtoe of final energy consumption in 2030.  

With  the  withdrawal  of  the  United  Kingdom,  the  Union's  energy  consumption  figures  for 
2030 therefore needs to  be adjusted to the situation of 27 Member States. As this change is 
based  on  the  same  underlying  energy  model  figures,  it  can  be  considered  a  technical 
adaptation. 

1 
2 

3 

OJ xxx 
On 19 June 2018 the co-legislators reached a provisional political agreement on a revision of the Energy 
Efficiency  Directive  and  the  Governance  Regulation.  It  is  expected  that  the  European  Parliament´s 
plenary for a joint debate and the vote in first reading for both legal acts will take place in November. 
The Energy Efficiency Directive and the Governance Regulation will be brought to the General Affairs 
Council and, once adopted, will be formally signed by both co-legislators. 
Article 3(1)(a) and Article 3(5) of Directive 2012/27/EU as amended by Directive 2018/xx/EU. 

EN 

1 

  EN 

 
                                                 
• 

n.a. 

• 

n.a. 

2. 

• 

Consistency with existing policy provisions in the policy area 

Consistency with other Union policies 

LEGAL BASIS, SUBSIDIARITY AND PROPORTIONALITY 

Legal basis 

The legal basis for the proposal is the Treaty on the Functioning of the European Union, and 
in  particular Articles  192(1) and 194(2) thereof. These are also  the legal basis for Directive 
2012/27/EU on energy  efficiency [as amended by  Directive 2018/XXX/EU] and Regulation 
(EU)  2018/XXX  [Governance  of  the  Energy  Union]  which  this  proposal  amends.  As  the 
Treaty contains a specific energy legal basis, it is appropriate to use it. 

• 

Subsidiarity (for non-exclusive competence)  

The principles of subsidiarity and proportionality are fully respected. The action of the Union 
is  necessary  under  the  principle  of  subsidiarity  (Article  5(3)  TEU)  because  it  concerns 
technical adaptations to legal acts which were enacted by the Union.  

• 

Proportionality 

The proposal respects the principle of proportionality (Article 5(4) TEU) because it does not 
go beyond what is necessary to reach the objective pursued. The proposed amendments to the 
current legislative framework will adapt it to a 2030 time frame and ensures consistency. The 
scope of the elements proposed is limited to those aspects that require action by the Union. 

• 

Choice of the instrument 

As  this  proposal  amends  an  existing  Directive  and  an  existing  Regulation,  an  amending 
Decision of the European Parliament and of the Council is the appropriate instrument. 

3. 

RESULTS 
CONSULTATIONS AND IMPACT ASSESSMENTS 

EX-POST 

EVALUATIONS, 

OF 

STAKEHOLDER 

As  this  proposal  is  of  a  purely  technical  nature  and  does  not  involve  any  political  choices, 
consultations with interested parties or impact assessments would not have made sense. 

Ex-post evaluations/fitness checks of existing legislation 

Stakeholder consultations 

Collection and use of expertise 

Impact assessment 

• 

n.a. 

• 

n.a. 

• 

n.a. 

• 

n.a. 

EN 

2 

  EN 

 
Regulatory fitness and simplification 

Fundamental rights 

• 

n.a. 

• 

n.a. 

4. 

BUDGETARY IMPLICATIONS 

The proposal has no budgetary implications.  

OTHER ELEMENTS 

Implementation plans and monitoring, evaluation and reporting arrangements 

5. 

• 

n.a. 

• 

Explanatory documents (for directives) 

As this proposal is of a purely technical nature explanatory documents on the transposition are 
not necessary. 

Detailed explanation of the specific provisions of the proposal 

• 

n.a. 

EN 

3 

  EN 

 
2018/0385 (COD) 

Proposal for a 

DECISION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL 

on adapting Directive 2012/27/EU of the European Parliament and of the Council on 
energy efficiency [as amended by Directive 2018/XXX/EU] and Regulation (EU) 
2018/XXX of the European Parliament and of the Council [Governance of the Energy 
Union], by reason of the withdrawal of the United Kingdom from the European Union 

(Text with EEA relevance) 

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION, 

Having  regard  to  the  Treaty  on  the  Functioning  of  the  European  Union,  and  in  particular 
Articles 192(1) and 194(2) thereof, 

Having regard to the proposal from the European Commission, 

After transmission of the draft legislative act to the national parliaments, 
Having regard to the opinion of the European Economic and Social Committee4,  
Having regard to the opinion of the Committee of the Regions5, 

Acting in accordance with the ordinary legislative procedure, 

Whereas: 

(1) 

(2) 

(3) 

4 
5 
6 

7 
8 
9 

On 29 March 2017, the United Kingdom notified the European Council of its intention 
to withdraw from the Union pursuant to Article 50 of the Treaty on European Union. 
Consequently,  unless  another  date  is  established  in  a  withdrawal  agreement,  or  the 
European  Council,  in  agreement  with  the  United  Kingdom,  unanimously  establishes 
another  date,  Union  law  will  cease  to  apply  to  the  United  Kingdom  from  30  March 
2019. The United Kingdom will then become a third country.  

Directive  2012/27/EU  of  the  European  Parliament  and  of  the  Council  of  25  October 
2012  on  energy  efficiency6,  as  amended  by  Directive  2018/XXX/EU7,  requires 
Member  States  to  set  indicative  national  energy  efficiency  contributions  towards  the 
Union’s energy efficiency target of at least 32,5% for 2030. In doing so the Member 
States should take into account the Union's 2030 energy consumption8. 
Regulation  (EU)  2018/XXX  [Governance  of  the  Energy  Union]9  requires  Member 
States  in  their  contribution  setting  process  towards  the  Union  targets  in  the  area  of 

OJ C , , p. . 
OJ C , , p. . 
Directive  2012/27/EU  of  the  European  Parliament  and  of  the  Council  of  25  October  2012  on  energy 
efficiency, amending Directives 2009/125/EC and 2010/30/EU and repealing Directives 2004/8/EC and 
2006/32/EC (OJ L 315, 14.11.2012, p. 1–56). 
OJ 
Article 3(5) of Directive 2012/27/EU as amended by Directive 2018/XXX/EU. 
OJ… 

EN 

4 

  EN 

 
                                                 
energy  efficiency  to  take  into  account  the  Union's  2030  energy  consumption10.  The 
energy consumption at Union level is also relevant for the Commission's assessment of 
the progress towards collectively achieving the Union's targets11. 

Due to the United Kingdom’s withdrawal from the Union, it is necessary to technically 
adapt  the  projected  energy  consumption  figures  for  the  European  Union  in  2030  to 
reflect  the  Union  of  27  Member  States  (‘EU  27’).  Projections  made  for  the  at  least 
32,5 %  Union  headline  target  show  that  primary  energy  consumption  should  equal 
1 273  million  tonnes  of  oil  equivalent  (Mtoe)  and  956 Mtoe  of  final  energy 
consumption in 2030 for the Union of 28 Member States. The equivalent projections 
for the EU 27 excluding the United Kingdom show that primary energy consumption 
should  equal  1 128  Mtoe  and  final  energy  consumption  should  equal  846 Mtoe  in 
2030.  This  requires  the  adaptation  of  the  figures  for  energy  consumption  levels  in 
2030.  

The  same  projections  for  the  energy  consumption  in  2030  are  also  relevant  for 
Articles 6 and 29 of Regulation (EU) 2018/XXX [Governance of the Energy Union].  

Directive 2012/27/EU [as amended by Directive 2018/XXX/EU] and Regulation (EU) 
2018/XXX  [Governance  of  the  Energy  Union]  should  therefore  be  amended 
accordingly, 

(4) 

(5) 

(6) 

HAVE ADOPTED THIS DECISION:  

Article 1 

In Article 3 of Directive 2012/27/EU [as amended by Directive 2018/XXX/EU], paragraph 5 
is replaced by the following: 

‘5.  Each  Member  State  shall  set  indicative  national  energy  efficiency  contributions  towards 
the  Union's  2030  targets  as  referred  to  in  Article 1(1)  of  this  Directive  in  accordance  with 
Articles [4] and [6] of Regulation (EU) 2018/XXX [Governance of the Energy Union]. When 
setting  those  contributions,  Member  States  shall  take  into  account  that  the  Union’s  2030 
energy  consumption  has  to  be  no  more  than  1 128 Mtoe  of  primary  energy  and/or  no  more 
than  846 Mtoe  of  final  energy.  Member  States  shall  notify  those  contributions  to  the 
Commission as part of their integrated national energy and climate plans as referred to in, and 
in accordance with, the procedure pursuant to Articles [3] and [7] to [12] of Regulation (EU) 
2018/XXX [Governance of the Energy Union].’ 

Article 2 

Regulation (EU) 2018/XXX [Governance of the Energy Union] is amended as follows:  

(a) 

In Article 6(1) in the first  subparagraph: 

(i) 

the figure of “1 273 Mtoe” is replaced by “1 128 Mtoe”; 

(ii) 

the figure of “956 Mtoe” is replaced by “846 Mtoe”. 

(b) 

In Article 29(3), the first subparagraph is replaced by the following: 

10 

First  subparagraph  of  Article  6(1)  of  the  Regulation  (EU)  2018/XXX  [Governance  of  the  Energy 
Union]. 

11          First subparagraph of Article 29(3) of the Regulation (EU) 2018/XXX [Governance of the Energy 

Union]. 

EN 

5 

  EN 

 
                                                 
‘In the area of energy efficiency, as part of its assessment referred to in paragraph 1, 
the  Commission  shall  assess  progress  towards  collectively  achieving  a  maximum 
energy consumption at Union level of 1 128 Mtoe of primary energy and 846 Mtoe 
of final energy in 2030 in accordance with Article 3(5) of Directive 2012/27/EU [as 
amended by Directive 2018/XXX/EU].’ 

Articles 1 and 2 of this Decision are without prejudice to the time limit provided in Article 28 
of  Directive  2012/27/EU  [as  amended  by  Directive  2018/XXX/EU]  and  Article  59  of 
Regulation (EU) 2018/XXX [Governance of the Energy Union]. 

Article 3 

Article 4 

This Decision shall enter into force on the twentieth day following that of its publication in 
the  Official  Journal  of  the  European  Union  and  shall  apply  from  the  day  following  that  on 
which Union law ceases to apply to the United Kingdom. 

Done at Strasbourg, 

For the European Parliament 
The President 

For the Council 
The President 

EN 

6 

  EN