RECOMMENDATION FOR SECOND READING on the Council common position for adopting 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

30.11.2005 - (10721/3/2005 – C6‑0298/2005 – 2003/0300(COD)) - ***II

Committee on Industry, Research and Energy
Rapporteur: Mechtild Rothe

DRAFT EUROPEAN PARLIAMENT LEGISLATIVE RESOLUTION

on the Council common position for adopting 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

(10721/3/2005 – C6‑0298/2005 – 2003/0300(COD))

(Codecision procedure: second reading)

The European Parliament,

–   having regard to the Council common position (10721/3/2005 – C6‑0298/2005),

–   having regard to its position at first reading[1] on the Commission proposal to Parliament and the Council (COM(2003)0739)[2],

–   having regard to Article 251(2) of the EC Treaty,

–   having regard to Rule 62 of its Rules of Procedure,

–   having regard to the recommendation for second reading of the Committee on Industry, Research and Energy (A6‑0343/2005),

1.  Approves the common position as amended;

2.  Instructs its President to forward its position to the Council and Commission.

Council common position	Amendments by Parliament
Amendment 1 Recital 1 a (new)
	(1a). In order to achieve the general objective of preventing dangerous climate change by keeping the global mean temperature below a peak of 2°C above pre-industrial level, concrete policies and measures must be implemented.
(Reinstates Amendment 2 at first reading, adopted on 7 June 2005)
Justification
As pointed out by the Commission in its explanatory memorandum, ‘this target for energy savings does not preclude the possibility for energy consumption to increase, due, for example, to strong economic growth or structural changes. The quantification and verification of savings then serves to show that without these measures energy consumption would have been even higher.’ They will therefore only lead a reduction of the final energy consumption in comparison to what it otherwise would have been.
Amendment 2 Recital 3 a (new)
	(3a) The proposed targets for energy savings do not automatically lead to reduction in energy consumption in every Member State or at EU level, and therefore do not automatically achieve the general objective of preventing dangerous climate change.
Justification
Reinstates Parliament’s position at first reading (Am. 4).
Amendment 3 Recital 7 a (new)
	(7a) The aim of this Directive is thus not only to continue to promote the supply side of energy services, but also to create stronger incentives for the demand side. The public sector in each Member State should therefore be required to set a good example regarding investments, maintenance and other expenditure on energy-using equipment, energy services and other energy efficiency measures.
Justification
Reinstates Parliament’s position at first reading (Am. 5).
Amendment 4 Recital 8 a (new)
	(8a) In its resolution of 14 March 2001 on the Commission's Action Plan to Improve Energy Efficiency in the European Community1, the European Parliament reaffirmed its earlier view that annual reductions in final energy intensity of 2.5% were achievable and stressed the importance of energy efficiency for the achievement of the Lisbon objectives. ---------------------------------- (1) OJ C 343, 5.12.2001, p. 190.
Justification
Reinstates Parliament’s position at first reading (Am. 6).
Amendment 5 Recital 10
(10) This Directive requires action to be undertaken by the Member States, with the fulfilment of its objectives depending on the effects that such action has on the final consumers of energy. The end result of Member States' action is dependent on many external factors which influence the behaviour of consumers as regards their energy use and their willingness to implement energy saving methods and use energy saving devices. Therefore, even though Member States commit themselves to making efforts to achieve the target figure of 6%, the national energy savings target is indicative in nature and entails no legally enforceable obligation for Member States to achieve it.	10) This Directive requires action to be undertaken by the Member States, with the fulfilment of its objectives depending on the effects that such action has on the final consumers of energy. The end result of Member States' action is dependent on many external factors which influence the behaviour of consumers as regards their energy use and their willingness to implement energy saving methods and use energy saving devices.
Justification
Reinstates Parliament’s position at first reading (e.g. Am. 28), which sought to introduce mandatory targets.
Amendment 6 Recital 11
(11) When striving for energy efficiency on the basis of technological, behavioural and/or economic changes, substantial negative environmental impact should be avoided, and social priorities should be respected.	(11) When striving for energy efficiency on the basis of technological, behavioural and/or economic changes, social priorities should be respected.
Justification
This amendment relates to a part of the Council’s common position which diverges from the proposed 1st reading text. This recital would give the erroneous impression that energy efficiency measures result as a general rule in negative environmental impact.
Amendment 7 Recital 15
(15) Energy distributors, distribution system operators and retail energy sales companies can improve energy efficiency in the European Community if the energy services they market include efficient end-use, such as indoor thermal comfort, domestic hot water, refrigeration, product manufacturing, illumination and motive power. Profit maximisation for energy distributors, distribution system operators and retail energy sales companies thus becomes more closely related to selling energy services to as many customers as possible than to selling as much energy as possible to each customer.	(15) Energy distributors, distribution system operators and retail energy sales companies, as well as other suppliers of energy efficiency improvement services, can improve energy efficiency in the European Community if the measures they take include efficient end-use, such as indoor thermal comfort, domestic hot water, refrigeration, product manufacturing, illumination and motive power. Profit maximisation for energy distributors, distribution system operators and retail energy sales companies thus becomes more closely related to selling energy services to as many customers as possible than to selling as much energy as possible to each customer. With a view to guaranteeing a level playing field between all energy service providers, cross-subsidies between the various activities of energy suppliers and retailers should be strictly prohibited. The national regulators should endeavour to avoid any distortion of competition in this area.
Justification
Reinstates Parliament’s position at first reading (Am. 8).
Amendment 8 Recital 15 a (new)
	(15a) The funding of supply and the costs of the demand side have an important role to play in energy services. The creation of funds to subsidise the implementation of energy efficiency programmes and other energy efficiency measures and to promote the development of a market for energy services is thus an important tool for the provision of non-discriminatory start-up funding in such a market.
Justification
Reinstates Parliament’s position at first reading (Am. 9).
Amendment 9 Recital 20 a (new)
	(20a) The motor fuel and transport sector must meet its particular obligations regarding energy efficiency and energy savings.
Justification
Reinstates Parliament’s position at first reading (Am. 52).
In its opinion (e.g. Art. 8(2)), Parliament repeatedly stressed the importance of taking particular account of the transport sector. This point must be made with at least equal emphasis in a recital.
Amendment 10 Article 1, point (b)
(b) creating the conditions for the development of a market for energy services and for the delivery of other energy efficiency improvement measures to final consumers.	(b) creating the conditions for the development and promotion of a market for energy services and for the delivery of other energy efficiency improvement and energy saving measures to final consumers.
Justification
This amendment relates to a part of the Council’s common position which diverges from the substance of the proposed 1st reading text. The directive also provides for the active promotion of energy efficiency improvement services: this was provided for in the Commission’s proposal and also appears in the Council's common position (Art. 6 et al.). Parliament, too, emphasised this in several additional changes it made in its opinion (e.g. in Article 8). If these are not reinstated once again, then at least their background must be made clear in Article 1(Purpose).
Amendment 11 Article 2, paragraph 1 a (new)
	(1a) Member States shall ensure that each energy sector fulfils the specific obligations incumbent upon it with regard to energy efficiency and energy saving, determined in the light of the sector's importance to the economy and the trend in consumption in recent years.
Justification
Reinstates Parliament’s position at first reading (Am. 53). Parliament stressed on several occasions in its opinion (e.g. Art. 8(3)) that it is important for all sectors to be taken into account. This must be made clear in Article 2 (Scope).
Amendment 12 Article 2, point (b)
(b) final customers. However, this Directive shall not apply to those undertakings involved in categories of activities listed in Annex I to Directive 2003/87/EC of the European Parliament and of the Council of 13 October 2003 establishing a scheme for greenhouse gas emission allowance trading within the Community and to those parts of transport undertakings based primarily on the use of aviation and maritime bunker fuels;	(b) final customers. However, this Directive shall not apply to those undertakings involved in categories of activities listed in Annex I to Directive 2003/87/EC of the European Parliament and of the Council of 13 October 2003 establishing a scheme for greenhouse gas emission allowance trading within the Community;
Justification
This amendment relates to a part of the Council’s common position which diverges from the substance of the proposed 1st reading text. The whole transport sector should be covered, including aviation and shipping. This is also made clear in Am. 15 of Parliament’s opinion.
Amendment 13 Article 3, point (a)
(a) "energy": all forms of commercially available energy, including electricity, natural gas (including liquefied natural gas and liquefied petroleum gas), any fuel for heating and cooling (including district heating and cooling), coal and lignite, peat, transport fuels (excluding aviation and maritime bunker fuels) and biomass as defined in Directive 2001/77/EC of the European Parliament and of the Council of 27 September 2001 on the promotion of electricity produced from renewable energy sources in the internal electricity market;	(a) "energy": all forms of commercially available energy, including electricity, natural gas (including liquefied natural gas and liquefied petroleum gas), any fuel for heating and cooling (including district heating and cooling), coal and lignite, peat, transport fuels and biomass as defined in Directive 2001/77/EC of the European Parliament and of the Council of 27 September 2001 on the promotion of electricity produced from renewable energy sources in the internal electricity market;
Justification
Reinstates Parliament’s position at first reading (Am. 15).
Amendment 14 Article 3, point (e)
(e) "energy service": the physical benefit,utility or good derived from a combination of energy and energy efficient technology, which may include the operations, maintenance and control necessary to deliver the service, which is delivered on the basis of a contract and normally leads to verifiable and measurable or estimable energy efficiency improvement.	(e) "energy service": the physical benefit, utility or good derived from a combination of energy with energy efficient technology and/or action, which may include the operations, maintenance and control necessary to deliver the service, which is delivered on the basis of a contract and leads to verifiable and measurable or estimable energy efficiency improvement and/or primary energy savings.
Amendment 15 Article 3, point (r)
(r) "small distributor, small distribution system operator and small retail energy sales company": a natural or legal person that distributes or sells energy to final customers, and that distributes or sells less than the equivalent of 100 GWh energy per year or employs fewer than 10 persons or whose annual turnover and/or annual balance sheet total does not exceed EUR 2 million. The distribution or sales of transport fuels shall be considered separately from that of other forms of energy when applying these thresholds;	(r) "small distributor, small distribution system operator and small retail energy sales company": a natural or legal person that distributes or sells energy to final customers, and that distributes or sells less than the equivalent of 75 GWh energy per year or employs fewer than 10 persons or whose annual turnover and/or annual balance sheet total does not exceed EUR 2 million.
Amendment 16 Article 4, paragraph 1
Member States shall adopt and aim to achieve an overall national indicative energy savings target of 6% for the sixth year of application of this Directive, to be reached by way of energy services and other energy efficiency improvement measures. Member States shall take cost-effective, practicable and reasonable measures designed to contribute towards achieving this target.	1. Member States shall adopt and aim to achieve an overall national indicative energy savings target of 11.5% for the ninth year of application of this Directive, to be reached by way of energy services and other energy efficiency improvement measures. Member States shall take cost effective, practicable and reasonable measures designed to contribute towards achieving this target.
Amendment 17 Article 4, paragraph 2
2. For the purpose of the first report to be submitted in accordance with Article 14, Member States shall establish an intermediate national indicative energy savings target for the third year of application of this Directive. This intermediate target shall be realistic and consistent with the overall national indicative energy savings target referred to in paragraph 1.	2. For the purpose of the Energy Efficiency Action Plans (EEAPs) to be submitted in accordance with Article 14, Member States shall establish three consecutive 3-year intermediate national indicative energy savings targets. The first intermediate target shall be of at least 3%. The intermediate targets shall be realistic and consistent with the overall national indicative energy savings target referred to in paragraph 1 and audited and assessed by the Commission pursuant to Article 14, paragraph 3
Amendment 18 Article 4, paragraph 4 a (new)
	4a. Should the reporting pursuant to Article 14 show that the measures implemented by a Member State are not leading to the increases in energy efficiency laid down pursuant to paragraph 1 and 2, the Member State concerned shall be required by the Commission to implement additional measures to reach the targets, which shall cease to be indicative.   In particular specific benchmarks shall be applied.
Amendment 19 Article 4, paragraph 4 b (new)
	4b. Member States shall work towards the setting of common EU-wide benchmarks to improve energy efficiency in all the relevant areas on the basis of sectoral energy efficiency indicators.
	In accordance with the procedure set out in Article 16 the Commission shall work on harmonised energy efficiency indicators, and benchmarks based upon them, for the energy conversion markets and sub-markets set out in Annex IV(a).
	Member States shall integrate the EU-wide indicators and benchmarks into their Energy Efficiency Action Plans for achieving the targets.
	As soon as the Commission elaborates, in accordance with the procedure set out in Article 16, indicators and benchmarks for all energy conversion markets and sub-markets set out in Annex V, it shall present to the European Parliament and the Council a proposal for replacing the overall targets pursuant to paragraph 2 by benchmarks, as long as the amount of energy saved by reaching the benchmarks meets the respective mandatory targets set out in paragraph 1.
Justification
This amendment reinstates Parliament’s position at first reading (EP opinion, Am. 108) and expands on it so as to strengthen the importance of benchmarks.
This amendment is important for achieving a compromise that gives the Member States greater flexibility in terms of the general targets and the public sector targets.
Amendment 20 Article 5, paragraph 1
1. Member States shall ensure that the public sector fulfils an exemplary role in the context of this Directive.	1. Member States shall ensure that the public sector fulfils an exemplary role in the context of this Directive.
To that end, they shall ensure that one or more energy efficiency improvement measures are taken by the public sector, focussing on cost-effective measures which generate the largest energy savings in the shortest span of time. Such measures shall be taken at the appropriate national, regional and/or local level, and may consist of legislative initiatives and/or voluntary agreements or other schemes with an equivalent effect. Without prejudice to the national and Community public procurement legislation, such measures may be chosen from the indicative list set out in Annex V. In the reports referred to in Article 14, Member States shall monitor the performance of the public sector in relation to the national indicative energy savings target.	To that end, Member States shall ensure that higher indicative energy savings targets are set for the public sector, which are appropriate to that exemplary role. Energy efficiency and energy savings measures achieved thus far at regional and local levels should be taken into account. Moreover, the Member States shall ensure that energy efficiency improvement measures are taken by the public sector. Such measures shall be taken at the appropriate national, regional and/or local level, and may consist of legislative initiatives and/or voluntary agreements or other schemes with an equivalent effect. Without prejudice to the national and Community public procurement legislation, at least three measures shall be chosen from the indicative list set out in Annex V. Furthermore, the public sector shall lay down and publish guidelines on energy efficiency and energy savings in relation to investment and operating budgets and activities and on energy efficiency as an assessment criterion in competitive tendering for public contracts. Member States shall integrate the public sector measures into their Energy Efficiency Action Plans in accordance with Article 14 and monitor the overall performance of the public sector in relation to the national indicative energy savings target.
Amendment 21 Article 5, paragraph 2 a (new)
	2a. Member States shall define the public sector covered by the target in the context of this Directive. The size of the part of the public sector thus covered should:
	- be of an appropriate size in relation to the total size of the public sector; - be consistent with the exemplary role of the public sector; - be set taking into account the amount of readily available statistical data for the public sector.
Justification
This amendment aims to reach a compromise between the Council’s position, which does not lay down a definition for the public sector, and Parliament’s position, which does lay down definitions. The differing circumstances in the individual Member States can best be taken into consideration with a ‘framework definition’.
Amendment 22 Article 6, paragraph 1
1. Member States shall ensure that energy distributors, distribution system operators and/or retail energy sales companies:	Member States shall remove barriers to the demand for energy efficiency measures, energy efficiency services and restrictions on the delivery thereof and ensure that energy distributors distribution system operators and/or retail energy sales companies:
(Reinstates partially Amendment 46 at first reading, adopted on 7 June 2005)
Justification
Restrictions on delivery may occur, in particular, in terms of time constraints (both upwards and downwards) on energy services agreements, especially with regard to contracting. However, time restrictions stand in the way of the requisite investment, in particular.
Amendment 23 Article 6, paragraphs 2 and 3
2. Member States shall:	2. Member States shall:
(a) choose one or more of the following requirements that have to be complied with by energy distributors, distribution system operators and/or retail energy sales companies, directly and/or indirectly through other providers of energy services or energy efficiency improvement measures:	(a) choose one or more of the following requirements that have to be complied with by energy distributors, distribution system operators and/or retail energy sales companies, directly and/or indirectly through other providers of energy services or energy efficiency improvement measures:
(i) ensure the offer to their final customers and the promotion of competitively priced energy services; or (ii) ensure the availability to their final customers and the promotion of competitively priced energy audits conducted in an independent manner and/or energy efficiency improvement measures, in accordance with Article 9(2) and Article 12; or (iii) contribute to the funds and funding mechanisms referred to in Article 11. The level of such contributions shall as a minimum correspond to the estimated costs of offering any of the activities referred to in this paragraph and shall be agreed with the authorities or agencies referred to in Article 4(3); and/or	(i) ensure the offer to their final customers and the promotion of competitively priced energy services; or (ii) ensure the availability to their final customers and the promotion of competitively priced energy audits conducted in an independent manner and/or energy efficiency improvement measures, in accordance with Article 9 (2) and Article 12; or (iii) contribute to the funds and funding mechanisms referred to in Article 11. The level of such contributions shall as a minimum correspond to the estimated costs of offering any of the activities referred to in this paragraph and shall be agreed with the authorities or agencies referred to in Article 4(3); and/or
(b) ensure that voluntary agreements and/or other market-oriented schemes, such as white certificates, with an equivalent effect to one or more of the requirements referred to in point (a) exist or are set up. These voluntary agreements shall be supervised and followed up by the Member State concerned in order to ensure that they have in practice an equivalent effect to one or more of the requirements referred to in point (a).	(b) ensure that voluntary agreements and/or other market-oriented schemes, such as white certificates, with an equivalent effect to one or more of the requirements referred to in point (a) exist or are set up. Voluntary agreements shall be supervised and followed up by the Member State in order to ensure that they have in practice an equivalent effect to one or more of the requirements referred to in point (a). To that effect, the voluntary agreements shall have clear and unambiguous objectives, and be subject to monitoring and reporting requirements linked to procedures that can lead to revised and/or additional measures when the objectives are not achieved or are not likely to be achieved. With a view to ensuring transparency, the voluntary agreements shall be made available to the public and published prior to application to the extent that applicable confidentiality provisions allow, and contain an invitation for stakeholders to comment.
3. Member States shall ensure that there are sufficient incentives, equal competition and level playing fields for market actors other than energy distributors, distribution system operators and/or retail energy sales companies, such as ESCOs, energy equipment installers, energy advisors and energy consultants, to independently offer and implement the energy services, energy audits and energy efficiency improvement measures described in paragraph 2(a)(ii).	3. Member States shall ensure that there are sufficient incentives, equal competition and level playing fields for market actors other than energy distributors, distribution system operators and/or retail energy sales companies, such as ESCOs, installers, energy advisors and energy consultants, to independently offer and implement the energy services, energy audits and energy efficiency improvement measures described in paragraph 2(a)(i) and (ii).
Amendment 24 Article 7, title
Availability of information	Information and advice
Justification
This amendment relates to a part of the Council’s common position which diverges from the proposed 1st reading text. That divergence needs to be supplemented with Parliament’s position at first reading, as this article should concern not just the transparency of information (Council common position) but the demand for more information in general. The lack of information is often one of the principal reasons why energy efficiency services are not taken advantage of.
Amendment 25 Article 7, paragraph 1 a (new)
	1a. Member States shall adopt measures to provide all relevant customer information on energy end-use efficiency and energy savings. In particular, greater efforts shall be made to promote energy end-use efficiency and energy savings in school, vocational and university education, in vocational training and in adult education. Member States shall establish appropriate conditions and incentives for market operators to provide more information and advice to final customers on energy end-use efficiency.
Justification
This amendment reinstates Parliament’s position at first reading in a summarised form (EP opinion, amendments 53 and 54), and also complements the new Article 7 of the Council proposal.
Amendment 26 Article 8
With a view to achieving a high level of technical competence, objectivity and reliability, Member States shall ensure, where they deem it necessary, the availability of appropriate qualification, accreditation and/or certification schemes for providers of energy services, energy audits and energy efficiency improvement measures as referred to in Article 6(2)(a)(ii).	With a view to achieving a high level of technical competence, objectivity and reliability, Member States shall ensure the availability of appropriate qualification, accreditation and/or certification schemes for providers of energy services, energy audits and energy efficiency improvement measures as referred to in Article 6(2)(a)(i) and (ii). Article 10 of Directive 2002/91/EC shall apply accordingly.
Justification
This amendment reinstates Parliament’s position at first reading (see Article 11). It is essential that market players achieve a level of technical competence, objectivity and reliability to be sufficiently qualified to offer energy services. Energy services delivered by energy distributors, distribution system operators and/or retail energy sales companies in accordance with Article 6(2)(a)(i) must also be offered by energy service companies which have achieved that level.
Amendment 27 Article 12, paragraph 3
3. Certification in accordance with Article 7 of Directive 2002/91/EC of the European Parliament and of the Council of 16 December 2002 on the energy performance of buildings shall be regarded as equivalent to an energy audit meeting the requirements set out in paragraphs 1 and 2 of this Article and as equivalent to an energy efficiency improvement measure as referred to in Annex V to this Directive. Furthermore, audits resulting from schemes based on voluntary agreements between organisations of stakeholders and a body appointed, supervised and followed up by the Member State concerned shall likewise be considered as having fulfilled the requirements set out in paragraphs 1 and 2.	3. Certification in accordance with Article 7 of Directive 2002/91/EC of the European Parliament and of the Council of 16 December 2002 on the energy performance of buildings shall be regarded as equivalent to an energy audit meeting the requirements set out in paragraphs 1 and 2 of this Article and as equivalent to the energy efficiency improvement measures referred to in Annex IV(a) to this Directive. Furthermore, audits resulting from schemes based on voluntary agreements between organisations of stakeholders and a body appointed, supervised and followed up by the Member State concerned shall likewise be considered as having fulfilled the requirements set out in paragraphs 1 and 2.
Justification
This amendment relates to a part of the Council’s common position which diverges from the proposed 1st reading text. The energy efficiency improvement measures relating to the public sector which are provided for in Annex V are not in principle a substitute for energy audits or the building passports referred to in Article 7 of Directive 2002/92/EC. That can only apply to point (e).
Amendment 28 Article 13, paragraph 1
1. Member States shall ensure that, , in so far as it is technically possible, financially reasonable and proportionate in relation to the potential energy savings final customers for electricity, natural gas, district heating and/or cooling and domestic hot water are provided with competitively priced individual meters that accurately reflect the final customer's actual energy consumption and that provide information on actual time of use.	1. Member States shall ensure that, in so far as it is technically possible, financially reasonable and proportionate in relation to the potential energy savings, final customers for electricity, natural gas, district heating and/or cooling and domestic hot water are provided with competitively priced individual meters that accurately reflect the final customer's actual energy consumption and that provide information on actual time of use. When an existing meter is replaced, such competitively priced individual meters shall always be provided, unless this is technically impossible or not cost-effective in relation to the estimated potential savings in the long term. When a new connection is made in a new building or any major renovations as set out in the directive 2002/91/EC, such competitively priced individual meters shall always be provided.
Amendment 29 Article 13, paragraph 2
2. Member States shall ensure that, where appropriate, billing performed by energy distributors, distribution system operators and retail energy sales companies is based on actual energy consumption, and is presented in clear and understandable terms. Appropriate information shall be made available with the bill to provide final customers with a comprehensive account of current energy costs. Where appropriate, depending on the amount of energy consumption of the customer concerned, billing shall be performed frequently enough to enable customers to regulate their own energy consumption.	2. Member States shall ensure that, where appropriate, billing performed by energy distributors, distribution system operators and retail energy sales companies is based on actual energy consumption, and is presented in clear and understandable terms. Appropriate information shall be made available with the bill to provide final customers with a comprehensive account of current energy costs. Billing on the basis of actual consumption shall be performed frequently enough to enable customers to regulate their own energy consumption.
Amendment 30 Article 13, paragraph 3, introductory part
3. Member States shall ensure that, where appropriate, the following information is made available to final customers in clear and understandable terms by energy distributors, distribution system operators or retail energy sales companies in or with their bills, contracts, transactions, and/or receipts at distribution stations:	3. Member States shall ensure that the following information is made available to final customers in clear and understandable terms by energy distributors, distribution system operators or retail energy sales companies in or with their bills, contracts, transactions, and/or receipts at distribution stations:
Justification
This amendment reinstates Parliament’s position at first reading (see Article 11, Am. 65). Parliament had made further changes to the detail. Keeping this single change to the Council common position is therefore to be seen as a compromise.
(In the German translation the phrase ‘where appropriate / soweit angemessen’ was missing.)
Amendment 31 Article 13, paragraph 3, point (c a) (new)
	(ca) environmental impact. For the electricity industry, Directive 2003/54/EC, Article 3.6(b), shall prevail over this provision.
(Reinstates partially Amendment 68 at first reading, adopted on 7 June 2005)
Justification
It is necessary to set a time for the first report. One year after the directive is transposed into national law also makes sense where a report on the application of a harmonised, Europe-wide bottom-up system is concerned.
Amendment 32 Article 14, title
Reports	Energy Efficiency Action Plans
Justification
This amendment aims to achieve a compromise between the Council and Parliament. Proposals for Energy Efficiency Action Plans were contained in the Energy Efficiency Green Paper. Energy efficiency plans should serve not only as reports but also as guidelines for energy efficiency action and energy savings for each Member State and its citizens. That also means that Member States can integrate the reporting requirements stemming from other directives connected with energy efficiency and energy saving into these Action Plans. This sensible and necessary combining of reporting requirements will also help to reduce red tape, particularly as with this directive the obligations under the SAVE directive will no longer apply. Thus it contributes further to the goal of granting greater flexibility to Member States and the public sector.
Amendment 33 Article 14, paragraph 2
2. Not later than .......…**, Member States shall submit to the Commission an interim report on the overall administration and implementation of this Directive. The report shall include information on the measures taken or planned. A final report showing progress in the period of six years after ….......*** shall be submitted to the Commission not later than .......…****. The interim report shall be based on available data, supplemented with estimates, and shall include inter alia the estimated progress to date with respect to the intermediate national indicative energy savings target set out in Article 4(2) and to the aim set out in Article 5(1). The final report shall include definitive results with regard to the fulfilment of the overall national indicative energy savings target set out in Article 4(1) and to the aim set out in Article 5(1).	2. Not later than six months after the entry into force of this Directive and thereafter every three years thereafter, each Member State shall submit to the Commission an Energy Efficiency Action Plan containing measures for achieving the targets and requirements laid down in Articles 4 (1),4 (2), 5(1), 6 and 7. Energy efficiency measures implemented by the public sector in order to fulfill its exemplary role pursuant to Article 5, paragraph 1, shall be the subject of a special chapter. Each Action Plan shall include a national three year target set in accordance with Article 4(2) and a report on the planned efficiency improvement measures aimed at meeting that target in all areas, including the benchmarks referred to in Article 4(4b) and information on management, implementation and evaluation. From the second Action Plan on, the foregoing shall be combined with an analysis and evaluation of the previous plan, particularly with regard to the achievement of targets, including a ‘best practice analysis’. The Energy Efficiency Action Plan after the ninth year shall have the function of a final report. It shall include definitive results with regard to the fulfilment of the overall national indicative energy savings target set out in Article 4(1) and to the aim set out in Article 5(1) and lay down measures for the period after the targets have expired.   Energy Efficiency Action Plans may also refer to reporting requirements under other directives concerning energy efficiency and energy savings.   Energy Efficiency Action Plans shall be based on available data, supplemented with estimates.
Amendment 34 Article 14, paragraph 3 and 3 a (new)
3. On the basis of the Member States' interim and final reports, the Commission shall assess the extent to which Member States have made progress towards achieving their national indicative energy savings target. The Commission shall publish a report with its conclusions on the first interim reports not later than ….......*. Not later than one year after receipt of the final reports from Member States, the Commission shall publish its conclusions in a final report. These reports shall be accompanied, as appropriate and where necessary, by proposals to the European Parliament and to the Council for additional measures including a possible extension of the period of validity of the targets set out in this Directive. --------- * Six years after the date of entry into force of this Directive	3. The Energy Efficiency Action Plans shall be reviewed by the Commission. On the basis of the Member States' second and third Energy Efficiency Action Plans and the Commission's review, the Commission shall assess the extent to which Member States have made progress towards achieving their national indicative energy savings target and requirements laid down in Articles 4 (4c),5, 6 and 7 and towards fulfilling the exemplary role of the public sector. Where appropriate, additional measures ) shall be laid down in accordance with Article 4(4a).   The reports compiled by the Commission pursuant to subparagraph 2 shall include information on related action at Community level, including on legislation currently in force and future legislation. The Commission shall identify best practice and ensure that information on best energy-saving practices is exchanged between Member States and identify cases where Member States and/or the Commission are not making enough progress.   The Commission shall publish its reports with its conclusions not later than six months after receipt of the Energy Efficiency Action Plans. Not later than one year after receipt of the final reports from Member States, the Commission shall publish its conclusions in a final report.   The Energy efficiency Action Plans and the reports will be send to the European Parliament as soon as possible.   Before the expiry of the target period the Commission shall submit proposals to the European Parliament and to the Council for additional measures including a possible extension of the period of validity of the targets set out in this Directive.
	3a Not later than 2 years after the adoption of this Directive, the Commission shall publish a cost-benefit impact assessment examining the linkage between EU standards, regulations, policies and measures on end-use energy efficiency.
Amendment 35 Article 14, paragraph 3 b (new)
	3b. As part of its review of the Energy Efficiency Action Plans, the Commission shall assess to what extent energy efficiency is and may further be achieved through conversion of energy and installations, such as shifting from individual boilers to district heating or from a fossil energy source to a renewable energy.
	This assessment shall be an additional tool for Member States to achieve more savings potential and ecological benefits in reaching their energy savings targets.
Justification
This amendment reinstates Parliament’s position at first reading (Am. 62).
This assessment is also useful for a ‘best practice’ evaluation in the Energy Efficiency Action Plan.
Amendment 36 Article 15, paragraph 2 a (new)
	2a. In measuring the energy savings set out in Articles 4 and 5 with a view to capturing the overall improvement in energy efficiency and to ascertaining the impact of individual measures, a standardised calculation model which uses a combination of bottom-up and top-down calculation methods shall be used to measure the annual improvements in energy efficiency for the Energy Efficiency Action Plans referred to in Article 14.
	In accordance with the procedure laid down in Article 16(2), the Commission shall frame, within one year of the entry into force of this Directive, a clear, transparent, non-bureaucratic, Europe-wide standardised calculation model and facilitate its implementation.
Justification
This amendment aims to achieve a compromise between the Council and Parliament.
Amendment 37 Article 15, paragraph 3
3. After ….......*, the Commission, in accordance with the procedure referred to in Article 16(2), may decide to raise the percentage of harmonised bottom-up calculations used in the harmonised calculation model referred to in point 1 of Annex IV without prejudice to Member State schemes that already have a higher percentage.	3. The Commission, in accordance with the procedure referred to in Article 16(2), shall raise the percentage of harmonised bottom up calculations used in the harmonised calculation model referred to in point 1 of Annex IV without prejudice to Member State schemes that already have a higher percentage, by at least 30-40% for the period up to the third year and by at least 40-60% up to the sixth year. The Commission shall decide by the sixth year on the percentage for the last period up to the ninth year.
The Commission shall take the following factors into account and justify its decision accordingly:	The Commission shall take the following factors into account and justify its decision accordingly:
(a) experience with the harmonised calculation model during its first years of application;	(a) experience with the harmonised calculation model during its first years of application;
(b) expected potential increase in accuracy as a result of replacing a part of the top-down calculations with bottom-up calculations; (c) estimated potential added cost and/or administrative burden.If the Commission thus decides to increase the percentage of harmonised bottom-up calculations, the new harmonised calculation model shall first be used as from ......…**	(b) expected potential increase in accuracy as a result of replacing a part of the top-down calculations with bottom-up calculations; (c) estimated potential added cost and/or administrative burden.If the Commission increases the percentage of harmonised bottom-up calculations, the new harmonised calculation model shall be used immediately in every Member State.
------------- * Three years after the date of entry into force of this Directive. ** Four years after the date of entry into force of this Directive	The extent to which the overall target under Article 4(1) has been met shall be evaluated by the most recently used calculation model.
Amendment 38 Article 18, paragraph 1, subparagraph 1
1. Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive before .......…*. They shall forthwith inform the Commission thereof. ------- * Two years after the date of entry into force of this Directive	1. Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive before .......…. They shall forthwith inform the Commission thereof. ------- * One year after the date of entry into force of this Directive
Justification
This amendment reinstates Parliament’s position at first reading (Article 22). Implementation is needed as soon as possible. There is no reason to delay for two years.
Amendment 39 Annex I, Number I, paragraphs 1 to 3
1. Member States shall use the annual final inland energy consumption of all energy users within the scope of this Directive for the most recent six-year period previous to the implementation of this Directive for which official data are available, to calculate an annual average amount of consumption. This final energy consumption shall be the amount of energy distributed or sold to final customers during the six-year period, not adjusted for degree days, structural changes or production changes.	1. Member States shall use the annual final inland energy consumption of all energy users within the scope of this Directive for the most recent five-year period previous to the implementation of this Directive for which official data are available, to calculate an annual average amount of consumption. This final energy consumption shall be the amount of energy distributed or sold to final customers during the five-year period, not adjusted for degree days, structural changes or production changes.
On the basis of this annual average amount of consumption, the national indicative energy savings target shall be calculated once and the resulting absolute amount of energy to be saved applied for the total duration of this Directive.	On the basis of this annual average amount of consumption, the national energy savings target shall be calculated once and the resulting absolute amount of energy to be saved applied for the total duration of this Directive.
The national indicative energy savings target shall:	The national energy savings target shall:
(a) consist of 6% of the annual average amount of consumption referred to above;	(a) consist of 11.5% of the annual average amount of consumption referred to above;
(b) be measured after the sixth year of application of this Directive;	(b) be measured after the ninth year of application of this Directive;
(c) be the result of cumulative annual energy savings achieved throughout the six-year application period of this Directive;	(c) be the result of cumulative energy savings achieved throughout the nine-year application period of this Directive, measured in three-year periods;
(d) be reached by way of energy services and other energy efficiency improvement measures.	(d) be reached by way of energy services and other energy efficiency improvement measures.
Justification
This amendment reinstates Parliament’s position at first reading (Annex I, Amendments 78 and 79 and Article 4, Amendment 29 inter alia).
Amendment 40 Annex I, Number3
Energy savings in a particular year following the entry into force of this Directive that result from energy efficiency improvement measures initiated in a previous year not earlier than 1995 and that have a lasting effect may be taken into account in the calculation of the annual energy savings. In certain cases, where circumstances can justify it, measures initiated before 1995 but not earlier than 1991 may be taken into account. In all cases, the resulting energy savings must still be verifiable and measurable or estimable, in accordance with the general framework in Annex IV.	Energy savings in a particular year following the entry into force of this Directive that result from energy efficiency improvement measures initiated in a previous year not earlier than 1998 and that have a lasting effect may be taken into account in the calculation of the annual energy savings. In all cases, the resulting energy savings must still be verifiable and measurable or estimable, in accordance with the general framework in Annex IV.
Justification
This amendment aims to achieve a compromise between the Council and Parliament. Parliament's position was to set the threshold at 2000 (Am. 80). Taking it back to 1998 is already a compromise. Further exceptions, particularly if loosely defined, as proposed by the Council, may have the undesired effect of ‘downgrading’ the national target.
Amendment 41 Annex III, letter (d a) (new)
	(da) improvements to building shells and structures aimed at achieving summer comfort at no or low energy consumption, such as technologies to control fluxes of heat and solar radiation (higher thermal insulation of walls, low emissivity and solar control glazing, ventilated roofs with radiant barriers), technologies for the connection of buildings to low temperature environmental sources in summer (coupling with soil through air or water circulation, night ventilation accompanied with increased thermal mass); improvements to building shells and structures aimed at achieving winter comfort (thicker walls, roof and basement insulation, window frames with low transmittance and low infiltration rate, low emissivity glazing);
Justification
This amendment reinstates Parliament’s position at first reading (Am. 85).
Amendment 42 Annex III, letter (d b) (new)
	(db) optimisation and control technologies (e.g. building management systems, lighting dimming systems, weather forecasting controls);
Justification
This amendment reinstates Parliament’s position at first reading (Am. 93).
Amendment 43 Annex III, letter (g a) (new)
	(ga) combined heat and power generation, which must be encouraged at the smallest possible scale to ensure the highest possible thermodynamic exploitation of energy sources. Modification of the electricity grid should be promoted in order to allow the electricity thus produced to be fed into the distribution system;
Justification
This amendment reinstates Parliament’s position at first reading (Am. 84).
Amendment 44 Annex III, letter (n a) (new)
	(na) mobility (e.g. fuel efficient engines, hybrid cars, electric cars, trolleys, trams, underground systems, freight trains, heavy rail transport);
Justification
.
Amendment 45 Annex III, letter (n b) (new)
	(nb) measures leading to a switch to vehicles which operate using biofuels;
Justification
This amendment reinstates Parliament’s position at first reading (Am. 91).
Amendment 46 Annex III, letter (n c) (new)
	(nc) car-free days;
Justification
This amendment reinstates Parliament’s position at first reading (Am. 94).
Amendment 47 Annex III, letter (n d) (new)
	(n d) modal shifts of travel, programmes that provide, e.g.   - policies and measures that reduce the need for transport; - policies and measures that promote the use of public transport; - policies and measures that promote the transportation of goods by railways - policies and measures which make transport more efficient in general;
Justification
.
Amendment 48 Annex III, letter (o a) (new)
	(oa) measures leading end users to switch from fossil fuels to renewable forms of energy;
Justification
This amendment reinstates Parliament’s position at first reading (Am. 89).
Amendment 49 Annex III, letter (p a) (new)
	(pa) the introduction of the 'top runner' principle;
Justification
This amendment reinstates Parliament’s position at first reading (Am. 96).
Amendment 50 Annex IV, Number 1.1., last paragraph
If bottom-up calculations are not available for certain sectors, top-down indicators or mixtures of top-down and bottom-up calculations may be used in the reports to the Commission, subject to the agreement of the Commission, in accordance with the procedure referred to in Article 16(2). In particular, when assessing requests to this effect within the context of the interim report described in Article 14(2), the Commission shall demonstrate the appropriate flexibility. Some top‑down calculations will be necessary to measure the impact of measures implemented after 1995 (and in certain cases 1991) that continue to have impact.	The Commission shall develop, pursuant to Article 15(2)(a) and (3) under the procedure referred to in Article 16(2), a unified calculation model using bottom-up and top-down calculations. A top-down approach shall primarily be used for sectors where no bottom-up calculations are available.
Justification
This amendment aims to achieve a compromise between the Council and Parliament. For further details see above, Amendment …
The calculations follow the principle described in Article 15. A top-down calculation of measures or savings that are lagging behind would lead to unacceptably large inaccuracies.
Amendment 51 Annex IV a (new)
	For the following energy conversion markets and sub-markets benchmarks can be worked out:
	1. The market for household appliances/information technology and lighting: 1.1 Kitchen appliances (white goods); 1.2 Entertainment/information technology; 1.3 Lighting.
	2. The market for domestic heating technology: 2.1 Heating; 2.2 Hot water provision; 2.3 Air conditioning; 2.4 Ventilation; 2.5 Heat insulation; 2.6 Windows.
	3. The market for industrial ovens.
	4. The market for motorised power in industry.
	5. The market for public-sector institutions: 5.1 Schools/public administration; 5.2 Hospitals; 5.3 Swimming pools; 5.4 Street lighting.
	6. The market for transport services.
(Reinstates Amendment 109 at first reading, adopted on 7 June 2005)
Justification
For these energy conversion markets and sub-markets benchmarks can be defined.
Amendment 52 Annex V
Indicative list of examples of energy efficiency improvement measures for the public sector	List of eligible energy-efficient public procurement measures
Without prejudice to the national and Community public procurement legislation, Member States may ensure that the public sector applies requirements from the following indicative list in the context of the exemplary role of the public sector as referred to in Article 5:	Without prejudice to the national and Community public procurement legislation, Member States shall ensure that the public sector applies at least three requirements from the following list in the context of the exemplary role of the public sector as referred to in Article 5:
(a) requirements for the use of financial instruments for energy savings, including energy performance contracting, that stipulate the delivery of measurable and pre-determined energy savings (including whenever public administrations have outsourced responsibilities);	(a) requirements for the wide use of financial instruments for energy savings, including energy performance contracting, that stipulate the delivery of measurable and pre-determined energy savings (including whenever public administrations have outsourced responsibilities);
(b) requirements to purchase equipment and vehicles based on lists of energy-efficient product specifications of different categories of equipment and vehicles to be drawn up by the authorities or agencies referred to in Article 4(3), using, where applicable, minimised life cycle cost analysis or comparable methods to ensure cost-effectiveness;	(b) requirements to use energy audits and implement the resulting cost-effective recommendations;
(c) requirements to purchase equipment that has efficient energy consumption in all modes, including in standby mode, using, where applicable, minimised life cycle cost analysis or comparable methods to ensure cost-effectiveness;	(c) requirements to purchase, replace or retrofit equipment and vehicles using lists of energy-efficient product specifications of different categories of equipment and vehicles to be drawn up by the authorities or agencies referred to in Article 4(3), using, where applicable as evaluation criteria, minimised life cycle cost or comparable methods to ensure cost-effectiveness;
(d) requirements to replace or retrofit existing equipment and vehicles with the equipment listed in points (b) and (c);	(d) requirements to purchase, replace or retrofit equipment that provides efficient energy consumption in all modes, including in standby mode, using, where applicable as evaluation criteria, minimised life cycle cost or comparable methods to ensure cost-effectiveness;
(e) requirements to use energy audits and implement the resulting cost-effective recommendations.	(e) requirements to plan and construct energy efficient buildings, using, where applicable as evaluation criteria, minimised life cycle cost or comparable methods to ensure cost-effectiveness;
	(ea) requirements to purchase or rent energy-efficient buildings or parts thereof, or requirements to replace or retrofit purchased or rented buildings or parts thereof in order to render them more energy-efficient using, where applicable as evaluation criteria, minimised life cycle cost or comparable methods to ensure cost-effectiveness.

• [1] 
• [2]  Not yet published in OJ.

EXPLANATORY STATEMENT

1. The European Parliament's position at first reading

On 7 June 2005 the European Parliament adopted the report on the proposal for a directive of the European Parliament and of the Council on energy end-use efficiency and energy services by a large majority, with cross-party support. In it, Parliament gave its support in principle to the approach chosen by the Commission. In its 99 amendments Parliament both focused in particular on greater flexibility for the Member States and greater exploitation of the potential for energy savings, and also attempted, to a greater extent than the Commission, to cover the electricity, heating and fuel markets to an equal extent.

The European Parliament took the view that, against the backdrop of a savings potential of around 30% and of Europe's ambitions, the binding 1% annual general savings target and the 1.5% target for the public sector proposed in the Commission's draft text were too low, and an annual target over six years was too inflexible and too short-term. It therefore adopted a binding three-stage energy savings target of 11.5% over nine years (with binding intermediate targets of 3%, 4% and 4.5%), and a target of 16% for the public sector, on the grounds of its exemplary role. As proposed by the Commission, an evaluation was to be made using a unified bottom-up system. This would also provide greater incentives for the creation of a genuine, functioning market in energy services and secure the aim of creating equal opportunities in the provision of energy services and ensuring that independent, high-quality energy services would be available for each sector. Owing to their predominant role in promoting energy services, energy distributors were to be involved. While they were released from the proposed obligation to offer energy audits free of charge, up to a certain level, they were nonetheless to continue to offer, and actively promote, energy services as an integral component of energy distribution and/or sales. The European Parliament also felt that it was important for the fuel and transport sectors to face up to their special obligations regarding energy efficiency and energy savings. In its amendments, Parliament also highlighted the importance of providing information and advice on energy efficiency and energy savings, and of consumer rights, especially with regard to informative billing of energy consumption.

Finally, Parliament proposed making greater use of setting indicators and benchmarks relating to target attainment.

2. The Council common position

In June 2005 the Council reached a political agreement on the proposal for a directive of the European Parliament and of the Council on energy end-use efficiency and energy services. The Council's common position was forwarded to the European Parliament on 27 September.

In its common position the Council diverges in some respects very sharply from the Commission proposal and thus also from the European Parliament's position. Although the Council accepted a number of Parliament's amendments - substantively, partly or in principle - in its common position, major differences remain on the key points.

Where targets are concerned the Council common position envisages only indicative targets of 6% over six years, and only an exemplary role in principle for the public sector, without setting specific targets. An evaluation is to be carried out using a combination of top-down and bottom-up approaches, but it remains unclear what their relationship to each other is to be, to what extent the bottom-up element is to increase, and how a uniform calculation model can be guaranteed for all the Member States. The inclusion of energy distributors is weakened in that they may also contribute to promoting energy efficiency measures under voluntary agreements. The Council common position makes no provision for the Member States to be responsible for a beefed-up policy on information and advice concerning energy efficiency and energy savings, and similarly informative billing or individual meters will be obtainable only 'where appropriate'. The transport sector is barely mentioned, and even some of the examples of efficiency measures in the transport sector have been deleted from the annex. Benchmarks are not mentioned in the common position.

3. The recommendation for second reading

Your rapporteur seeks to achieve two aims with her report. First, basically to retain the clear approach adopted by the Commission and Parliament, in order to achieve genuine progress on energy efficiency and energy savings and with creating and strengthening a market for energy services, and secondly, to propose compromises which do justice to both standpoints.

In particular, she allows the Member States even greater flexibility with regard to targets and the public sector. Although the binding savings target of 11.5% is retained, the Member States may now set the three intermediate targets themselves. The Member States themselves are now to set binding targets for the public sector which reflect its exemplary role and take account of the energy efficiency and energy savings measures implemented at regional and local level. However, it remains essential for the public sector to take energy efficiency into account in public procurement, to lay down guidelines on energy efficiency and energy savings with regard to investment and operating budgets and activities, and to establish energy efficiency as an assessment criterion in competitive tendering for public contracts.

Particular emphasis is placed on reporting and monitoring, in order to press the Member States into undertaking long-term comprehensive plans for energy efficiency and energy savings. The Member States are to use energy efficiency action plans (these were proposed in the Green Paper on energy efficiency, as well) as a means of informing the Commission, every three years, about the measures that they have planned and implemented to achieve the targets. The action plans are to encompass the setting of an individual national three-year target and present the efficiency measures, in all the relevant areas, which are planned to achieve that target, including benchmarks, together with information about administration, implementation and evaluation. From the second action plan onwards this is to be accompanied by an analysis and assessment of the previous plan, particularly with regard to the achievement of the targets set; this will include a best-practice analysis. After the expiry of the application of this Directive, the energy efficiency action plan will also act as a final report. The energy efficiency plans thus serve the purpose not only of reporting, but in particular as signposts for action on energy efficiency and energy savings for each Member State and its citizens. This also means that Member States can incorporate into these action plans reporting obligations concerning energy efficiency and energy savings which stem from other directives. This rational and necessary pooling of reporting obligations will also help to reduce bureaucracy, especially since the obligations under the SAVE Directive will disappear as a result of this Directive.

Where the evaluation of measures is concerned, your rapporteur now proposes, as a compromise, a combination of bottom-up and top-down calculation methods. However, this must include a predetermined, gradual increase in the bottom-up element, and guarantee that the calculation model becomes uniform throughout Europe. The final target of 11.5% after nine years must then be evaluated with the maximum share of bottom-up which has then been achieved.

Your rapporteur is aware that such a combination indirectly reduces the size of the target, because inaccuracies of 1-2% may occur as a result of top-down calculations. Consequently, maintaining the target at 11.5% is also a concession to the Council, but at the same time this makes it vital to stick to the targets set.

Your rapporteur has also restored the European Parliament's amendments on the inclusion of energy distributors, the Member States' policies on information and advice, and consumers' rights.

4. Concluding remarks

There was no ambiguity in the European Parliament's decision about the need for an energy efficiency offensive. The urgent need for this has become even more obvious recently, with massive oil price increases and devastating environmental disasters. Some Member States have already reacted to these challenges and embarked on, or stepped up, a commitment to increased energy efficiency. Denmark, for instance, as the country with probably the highest standards of energy efficiency, has decided to make binding annual energy savings of 1.7%. The Netherlands will follow, with a binding annual savings target of 1.5%. Upper Austria, which is also an exemplary model for energy savings, has already transposed the substance of the Commission proposal. This commitment demonstrates two things: first, that countries which have already done a great deal with regard to energy efficiency and energy savings still have great potential for cost-effectiveness, and secondly, that those countries, in particular, which already have experience with energy efficiency measures recognise this as a win-win situation and are therefore sticking with it and even increasing their efforts.

This Directive must therefore create an instrument promoting energy efficiency and energy savings which will produce those effects in all the Member States. Examples from many countries show that the measures in this Directive will promote economic growth and innovation and contribute to the achievement of the Kyoto and Lisbon objectives.

PROCEDURE

Title	Council common position for adopting 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
References	10721/3/205 - C6-0298/205 - 2003/0300(COD)
Legal Basis	Articles 251(2) and 175(1) EC
Basis in Rules of Procedure	Rule 62
Date of Parliament’s first reading – P number	7.6.2005	P6_TA(2005)0212
Commission proposal	COM(2003)0739 - C5-0642/2003
Amended Commission proposal
Date receipt of common position announced in plenary	29.9.2005
Committee responsible   Date announced in plenary	ITRE 29.9.2005
Rapporteur(s)   Date appointed	Mechtild Rothe 27.9.2005
Previous rapporteur(s)
Discussed in committee	4.10.2005		14.11.2005		22.11.2005
Date adopted	23.11.2005
Result of final vote	+: –: 0:	40 1 5
Members present for the final vote	Ivo Belet, Jan Březina, Philippe Busquin, Jerzy Buzek, Joan Calabuig Rull, Pilar del Castillo Vera, Jorgo Chatzimarkakis, Giles Chichester, Den Dover, Lena Ek, Adam Gierek, Norbert Glante, Umberto Guidoni, András Gyürk, Fiona Hall, David Hammerstein Mintz, Ján Hudacký, Romana Jordan Cizelj, Werner Langen, Anne Laperrouze, Vincenzo Lavarra, Nils Lundgren, Eluned Morgan, Angelika Niebler, Reino Paasilinna, Umberto Pirilli, Miloslav Ransdorf, Vladimír Remek, Herbert Reul, Mechtild Rothe, Paul Rübig, Andres Tarand, Britta Thomsen, Patrizia Toia, Catherine Trautmann, Claude Turmes, Nikolaos Vakalis, Alejo Vidal-Quadras Roca, Dominique Vlasto
Substitute(s) present for the final vote	Daniel Caspary, Jan Christian Ehler, Satu Hassi, Erna Hennicot-Schoepges, Vittorio Prodi, Manuel António dos Santos, Hannes Swoboda
Substitute(s) under Rule 178(2) present for the final vote
Date tabled	30.11.2005	A6-0343/2005
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