(Codecision procedure: first reading)

The European Parliament,

–   having regard to the Commission proposal to the European Parliament and the Council (COM(2008)0019),

–   having regard to Article 251(2), Article 175(1) and Article 95 of the EC Treaty, pursuant to which the Commission submitted the proposal to Parliament (C6-0046/2008),

–   having regard to the opinion of the Committee on Legal Affairs on the proposed legal basis,

–   having regard to Rules 51 and 35 of its Rules of Procedure,

–   having regard to the report of the Committee on Industry, Research and Energy and the opinions of the Committee on the Environment, Public Health and Food Safety, the Committee on International Trade, the Committee on Economic and Monetary Affairs, the Committee on Transport and Tourism, the Committee on Regional Development and the Committee on Agriculture and Rural Development (A6-0369/2008),

1.  Approves the Commission proposal as amended;

2.  Calls on the Commission to refer the matter to Parliament again if it intends to amend the proposal substantially or replace it with another text;

3.  Takes note of the statements of the Commission annexed to this resolution;

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

(As an agreement was reached between Parliament and Council, Parliament's position at first reading corresponds to the final legislative act, Directive 2009/28/EC.)

COMMISSION STATEMENTS

Statement by the Commission relating to Article 2(e):

The Commission is of the view that for the purposes of this directive, the term "industrial and municipal waste" may include waste denominated as "commercial waste".

Statement by the Commission relating to Article 23(8), second subparagraph, second indent:

The Commission is of the view that the reference to the target of 20% in Article 23(8), second subparagraph, second indent will not be construed in a way different to Article 3(1) of the Directive.

Statement by the Commission relating to Article 23(8)(c), (9) and (10):

The Commission acknowledges that some Member States already in 2005 have achieved a high share of renewable energy at national level. When establishing the reports referred to in Article 23(8)(c), (9) and (10), the Commission will, as part of its assessment of the best cost-benefit basis, take due account of marginal costs of increasing the share of renewable energies and will include, as appropriate, adequate solutions also for such Member States in any proposal put forward in accordance with the above mentioned Article of the Directive.

Statement by the Commission relating to Annex VII:

The Commission will seek to advance the development of the guidelines referred to in Annex VII of the Directive by 2011 and will cooperate with Member States to develop the data and the methodologies needed to estimate and monitor the contribution of heat pumps to the fulfilment of the objectives of the Directive.

The guidelines will provide for corrections to Seasonal Performance Factor (SPF) values used to assess the inclusion of heat pumps not driven by electricity to take account of the fact that the primary energy needs of such heat pumps are not affected by the efficiency of the power system. In preparing these guidelines the Commission will also evaluate the feasibility of providing for a methodology under which the SPF value used to assess the inclusion of any given heat pump is based on average EU climate conditions.