REPORT on the joint text approved by the Conciliation Committee for a directive of the European Parliament and of the Council relating to emissions from air conditioning systems in motor vehicles and amending Council Directive 70/156/EEC

24.3.2006 - (PE-CONS 3605/2006 – C6‑0066/2006 – 2003/0189B(COD)) - ***III

European Parliament delegation to the Conciliation Committee
Delegation chairman: Antonios Trakatellis
Rapporteur: Avril Doyle

DRAFT EUROPEAN PARLIAMENT LEGISLATIVE RESOLUTION

on the joint text approved by the Conciliation Committee for a directive of the European Parliament and of the Council relating to emissions from air conditioning systems in motor vehicles and amending Council Directive 70/156/EEC

(PE-CONS 3605/2006 – C6‑0066/2006 – 2003/0189B(COD))

(Codecision procedure: third reading)

The European Parliament,

–   having regard to the joint text approved by the Conciliation Committee (PE-CONS 3605/2006 – C6‑0066/2006),

–   having regard to its position at first reading[1] on the Commission proposal to Parliament and the Council (COM(2003)0492)[2],

–   having regard to its position at second reading[3] on the Council common position[4],

–   having regard to the Commission's opinion on Parliament's amendments to the common position (COM(2005)0713)[5],

–   having regard to Article 251(5) of the EC Treaty,

–   having regard to Rule 65 of its Rules of Procedure,

–   having regard to the report of its delegation to the Conciliation Committee (A6‑0090/2006),

1.  Approves the joint text;

2.  Instructs its President to sign the act with the President of the Council pursuant to Article 254(1) of the EC Treaty;

3.  Instructs its Secretary-General to sign the act, once it has been verified that all the procedures have been duly completed, and, in agreement with the Secretary-General of the Council, to have it published in the Official Journal of the European Union;

4.  Instructs its President to forward this legislative resolution to the Council and Commission.

• [1]  OJ C 103 E, 29.4.2004, p. 450.
• [2]  Not yet published in OJ.
• [3]  Texts Adopted, 26.10.2005, P6_TA(2005)0401.
• [4]  OJ C 183 E, 26.7.2005, p. 0017.
• [5]  Not yet published in OJ.

EXPLANATORY STATEMENT

Background

The Commission's original proposal on 11 August 2003 was for a Regulation concerning certain fluorinated greenhouse gases (f-gases), which have a high global warming potential. This Regulation was to cover both stationary applications and mobile air conditioning.

The overall aim of the Commission proposal was to contribute to reaching the objectives set in the Kyoto Protocol by reducing emissions of fluorinated greenhouse gases (f-gases) through adopting measures to both promote the quality of the environment, and take into account the functioning of the internal market.

On 31 March 2004 Parliament adopted its position at first reading. The Council adopted its common position on 21 June 2005 and divided the single legislative proposal into two separate pieces of legislation. A Directive on Emissions from Motor Vehicle Air Conditioning Systems (MAC) and amending Council Directive 70/156/EEC, and a Regulation dealing with stationary applications of certain fluorinated greenhouse gases.

The Parliament concluded its second reading on 26 October 2005 adopting 1 amendment to the Council's common position on the Directive. The Council was unable to accept this amendment, which meant that the Conciliation Committee had to be convened.

Conciliation

Parliament's delegation to the Conciliation Committee held its constituent meeting on 10 January 2006 and its members mandated the chair of the delegation, Mr Trakatellis, the chair of the committee responsible, Mr Florenz, the rapporteur, Mrs Doyle and the shadow rapporteur Mrs Corbey, to enter into informal negotiations with the Council.

The issue at stake was the possibility for Member States to promote the installation of air conditioning systems in vehicles with low greenhouse gas emissions by introducing fiscal or other incentives.

During the informal trialogue, held on 17 January 2006, no preliminary agreement was reached.

The meeting of the Conciliation Committee was held on the evening of 31 January 2006 under the joint chairmanship of Mr Trakatellis, Vice-President, and Josef Pröll, Austrian Minister for Environment, and in the presence of Environment Commissioner Stavros Dimas.

This meeting focused fiscal or other incentives.

The Conciliation Committee reached agreement on the possibility for Member States to promote the installation of air conditioning systems which are efficient, innovative and further reduce climate impact and respect Community rules on State Aids.

Conclusions

The European Parliament delegation is satisfied with the agreement reached, as it goes beyond what was possible during the first and second readings and represents a substantial improvement of the common position. The delegation wishes to thank the Austrian Presidency and the Commission for their constructive cooperation. It recommends that Parliament should adopt the attached joint text.

PROCEDURE

Title	Joint text approved by the Conciliation Committee for a directive of the European Parliament and of the Council relating to emissions from air conditioning systems in motor vehicles and amending Council Directive 70/156/EEC
References	PE-CONS 3605/2006 – C6-0066/2006 – 2003/0189B(COD)
Legal basis	Articles 251(2) and 95 EC
Basis in Rules of Procedure	Rule 65
Delegation chairman: Vice-President	Antonios Trakatellis
Chairman of committee responsible	Karl-Heinz Florenz				ENVI
Rapporteur	Avril Doyle
Commission proposal	COM(2003)0492 – C5-0397/2003
Date of Parliament’s first reading – P5	31.3.2004		P5_TA(2004)0237
Amended Commission proposal	-
Council common position   Date announced in plenary	16182/4/2004 – C6-0222/2005 7.7.2005
Commission position (Article 251(2), subpara 2, indent 3)	COM(2005)0296
Date of Parliament’s 2nd reading – P6	26.10.2005		P6-TA(2005)0401
Commission opinion (Article 251(2), subpara 3, point (c))	COM(2005)0713
Date Council received 2nd reading	16.12.2005
Date of Council letter on non-approval of Parliament amendments	30.1.2006
Conciliation Committee meetings	31.1.2006
Date of vote by Parliament delegation	31.1.2006
Result of vote	for: against: abstentions:			15 1 2
Members present	Jens-Peter Bonde, Niels Busk, Frederika Brepoels, Dorette Corbey, Avril Doyle, Karl-Heinz Florenz, Dan Jørgensen, Holger Krahmer, Peter Liese, Caroline Lucas, Linda McAvan, Miroslav Mikolášik, Roberto Musacchio, Antonios Trakatellis, Åsa Westlund
Substitutes present	John Bowis, Cristina Gutiérrez-Cortines, Anja Weisgerber
Substitutes under Rule 178(2) present	-
Date of agreement in Conciliation Committee	31.1.2006
Agreement by exchange of letters	-
Date on which the co-chairmen established that the joint text had been approved and forwarded it to Parliament and the Council	14.3.2006
Date tabled	24.3.2006
Comments (available in one language only)

EXTENSION OF DEADLINES

Extension of deadline for second reading by Council	No
Extension of deadline for convening the Committee         Requesting institution – date	No
Extension of deadline for work in the Committee         Requesting institution – date	No
Extension of deadline for adopting the act         Requesting institution – date	No