No L 236/36 Official Journal of the European Communities 18. 9. 96 DIRECTIVE 96/57/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 3 September 1996 on energy efficiency requirements for household electric refrigerators, freezers and combinations thereof THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION, Having regard to the Treaty establishing the European Community, and in particular Article 100a thereof, Having regard to the proposal from the Commission ('), Having regard to the opinion of the Economic and Social Committee (%), Acting in accordance with the procedure laid down in Article 189b of the Treaty (3, (1) Whereas it is important to promote measures aimed at the proper functioning of the internal market; (2) Whereas in its resolution of 15 January 1985 on the improvement of energy-saving programmes in the Member States (*) the Council invited the Member States to pursue and where necessary increase their efforts to promote the more rational use of energy by the further development of integrated energy-saving policies; (3) Whereas household refrigeration appliances account for a significant share of domestic electricity consumption in the Community and thus of total electricity consumption; whereas the various models of refrigeration appliances available on the Commu- nity market have very different levels of consump- tion for a given volume and similar features, ie. extremely variable energy efficiency; (4) Whereas some Member States are on the point of adopting provisions relating to the efficiency of household refrigerators and freezers, which might create barriers to trade in these products in the Community; (5) Whereas it is appropriate to take as a base a high level of protection in proposals for the approxima- tion of the provisions laid down by law, regulation or administrative action in Member States concerning () OJ No C 390, 31. 12. 1994, p. 30; and OJ No C 49, 20. 2. 1996, p. 10. @ OJ No C 155, 21. 6. 1995, p. 18. (*) Opinion of the Buropean Parliament of 26 October 1995 (O] No C 308, 20. 11. 1995, p. 134), Council common position of 11 March 1996 (O] No C 120, 24. 4. 1996, p. 10) and Deci- sion of the European Parliament of 18 June 1996 (O] No C 198, 8. 7. 1996). () OJ No C 20, 22. 1. 1985, p. 1. health, safety, environmental protection and consumer protection; whereas this Directive ensures a high level of protection for both the environment and the consumer, in aiming at a significant imp- rovement of the energy efficiency of these appli- ances; (6) Whereas the adoption of such measures falls within Community competence; whereas the requirements of this Directive are within the limits of its objec- tives, thus conforming to the requirements of Article 3b of the Treaty; (7) Whereas, moreover, Article 130r of the Treaty calls for the protection and improvement of the environ- ment and the prudent and rational utilization of natural resources, these two objectives being among those of the Community policy on the environment; whereas electricity generation and consumption account for 30 % of man-made carbon dioxide (CO,) emissions and some 35% of primary energy consumption in the Community; whereas these percentages are increasing; (8) Whereas, furthermore, Council Decision 89/364/EEC of 5 June 1989 on a Community action programme for improving the efficiency of electricity use (°) has as its twin objectives to encourage consu- mers to favour appliances and equipment with high electrical efficiency and to improve the efficiency of appliances and equipment; (9) Whereas in its conclusions of 29 October 1990 the Council set an objective of stabilizing carbon dioxide (CO,) emissions in the Community at 1990 levels by the year 2000; whereas in order to achieve this objective stronger measures are required to stabilize CO, emissions within the Community; (10) Whereas Decision 91/565/EEC () established a programme to promote energy efficiency in the Community (the SAVE programmey); (11) Whereas the energy efficiency measures incorporated in the most up-to-date models of refrigeration appliances available do not increase their production costs excessively and can pay for their initial cost through electricity savings within a few years or even () OJ No L 157, 9. 6. 1989, p. 32. () OJ No L 307, 8. 11. 1991, p. 34.