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 - Confirmation of the final compromise text with a view to agreement - Main contents

Document date	23-01-2019
Publication date	24-01-2019
Reference	5504/19
From	General Secretariat of the Council
External link	original article
Original document in PDF

Council of the European Union Brussels, 23 January 2019 (OR. en)

5504/19

Interinstitutional File:

2018/0385(COD) LIMITE

ENER 22 CLIMA 23 ENV 54 TRANS 37 ECOFIN 43 RECH 40 PREP-BXT 14 CODEC 139

'I' ITEM NOTE

From: General Secretariat of the Council

To: Permanent Representatives Committee (Part 1)

No. Cion doc.: 14336/18

Subject: 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 - Confirmation of the final compromise text with a view to agreement

The Permanent Representatives Committee will find in Annex the report voted by the European

Parliament Committee for Industry, Research and Energy ("ITRE committee") on 14 January 2019 as regards the above mentioned dossier.

On 27 November 2018, the Energy Working Party held a first discussion on the Commission proposal; subsequently an informal silence procedure 1 confirmed that no delegations had objections or remarks concerning such proposal.

On 22 January 2019, the Energy Working Party held an examination of the ITRE committee report. In order to guide delegations in the examination of the amendments thereby included, the

Presidency highlighted that such amendments appeared: 1) to have technical nature; 2) not to go beyond the newly adopted Energy Efficiency Directive and Governance Regulation; and 3) to introduce the due technical adjustments in line with the agreement reached in June 2018 on both files and with Council's horizontal instructions concerning entry into force clauses in Brexit preparedness files. In particular:

• - 

  amendments 3 to 5, 7 and 8 (first paragraph) reflected adjustments to the Commission proposal based on the newly adopted Energy Efficiency Directive and Governance Regulation as agreed by the two co-legislators in June 2018; and

• - 

  amendments 1, 2, 6 and 8 (remaining paragraphs) included suggestions made by the Austrian and Romanian Presidencies to the co-legislator at the technical level. These suggestions were in line with current horizontal discussions concerning entry into force clauses in Brexit

preparedness files and have been drafted in agreement with the Council Legal Service.

The Presidency then invited the delegations to support the ITRE committee report; no objections were raised to this invitation.

In the light of this and in view of facilitating the legislative process that is held under extreme time pressure, the Committee of Permanent Representatives is invited to:

• - 

  confirm that it agrees with the preliminary position of the European Parliament as expressed in the report in Annex.

Should this Committee confirms its agreement, the Presidency will inform the European Parliament that, should this latter adopt its position at first reading, in accordance with Article 294 paragraph 3 TFEU, in the form of the above mentioned report in Annex to this note, the Council would, in accordance with Article 294, paragraph 4 of the Treaty, approve the European Parliament’s position and the act shall be adopted in the wording which corresponds to the European Parliament’s

2

position.

2 This is without prejudice to the usual lawyer-linguist phase and to any Brexit-related change that will be then duly

addressed and translated into the legislative process.

ANNEX