Amended proposal for a COUNCIL DECISION concerning a multi-annual programme for the promotion of energy efficiency in the Community - SAVE II
COMMISSION OF THE EUROPEAN COMMUNITIES Brussels, 06. 05. 19% COM(96) 195 final 95/0131 (SYN) Amended proposal for a COUNCIL DECISION concerning a multi-annual programme for the promotion of energy efficiency in the Community SAVE II (presented by the Commission pursuant to Article 189 a (2) of the EC-Treaty) EXPLANATORY MEMORANDUM The Commission presented on 31 May 1995 a proposal for a Council Decision concerning a multi-annual programme for the promotion of energy efficiency in the Community - SAVE II. The Parliament delivered its opinion on 16 April 1996. The Parliament's main concerns meet those of the Commission and from the 35 proposed amendments the Commission accepted without reservation 5 (no 2,3,6,7 and 8) and after reformulation 13 (no 1,11,12,13,14,15,19,22,28,29,32,33 and 34). Seventeen (17) amendments were not accepted by the Commission for the following reasons. Am. no 5,10 and 16 because the Commission can propose legislative measures at any time independent of the adoption of the SAVE programme. Am 17,18,20,21,23,24, and 25 because they concern activities out o( the scope of the programme or are included already in the Commission proposal Am 26 and 27 because the respect of the Treaties and balanced repartition of the budget is self-evident. Am 30 and 35 because they reduce the programme's flexibility. Am. 31 because the Commission believes in the complementarity between SAVE II and the national programmes. Am 4 because SAVE was evaluated as having contributed to the improvement of energy efficiency in the Community. Am 9 because is not relevant to this proposal. The Commission presents consideration 18 amendments adopted by the Parliament. the attached modified proposal which takes into Amended proposal for a COUNCIL DECISION concerning a multi-annual programme for the promotion of energy efficiency in the Community - SAVE II Initial Commission proposal COM (95) 225 final Amended text taking into account the amendments of the European Parliament, accepted by the Commission THE COUNCIL OF THE EUROPEAN UNION THE COUNCIL OF THE EUROPEAN UNION, regard the Having European Union, and in particular Article 130s(l) thereof, the Treaty establishing to regard the Having European Union, and in particular Article 130s(I) thereof, the Treaty establishing to Having Commission(1), regard to the proposal from the Having Commission,(1) regard to the proposal from the In cooperation with the European Parliament^, In cooperation with the European Parliament,(2) Having regard to the opinion of the Economic and Social Committee(3), Having regard to the opinion of the Economic and Social Committee,(3) Having regard to the opinion of the Committee of the Regions(4), < Having regard to the opinion of the Committee of the Regions,(4) Whereas Article 130r of the Treaty states that one objective of the action of the Community relating to the environment shall be to ensure a prudent and rational utilization of natural resources; Whereas Article 130r of the Treaty states that one objective of the action of the Community relating to the environment shall be to ensure a prudent and rational utilization of natural resources; Whereas the Council of Environment and Energy Ministers at their meeting on 29 October 1990 set an objective of the stabilizing total C02 emissions by the year 2000 at the 1990 level in the Community as a whole; Whereas the Council of Environment and Energy Ministers at their meeting on 29 October 1990 set an objective of the stabilizing total C02 emissions by the year 2000 at the 1990 level in the Community as a whole; (i) (2) 0) (4) COM 225, 31. 05. 1995 PE216 441, 25. 03. 1996 CES 1450/95 CdR 21/96 initial text amended text Whereas Council Decision 93/389/EEC(5) established a monitoring mechanism for C02 emissions and other greenhouse gases; Whereas Council Decision 93/389/EEC(5) established a monitoring mechanism for C02 emissions and other greenhouse gases; Whereas nonetheless, despite efforts made, the C02 emissions in the Community generated by energy to increase by 5 to 8% consumption are expected between normal 1995 economical growth; assuming 2000, and Whereas nonetheless, despite efforts made, the C02 emissions in the Community generated by energy to increase by 5 to 8% consumption are expected between normal 2000, 1995 economical growth; whereas therefore additional measures at European level and at the level of the Member States are indispensable: assuming and Whereas the Commission in its communication of 8 February 1990 on energy and the environment highlighted energy efficiency as the cornerstone of future efforts to reduce the negative impact of energy on the environment; Whereas the Commission in its communication of 8 the environment February 1990 on energy and highlighted energy efficiency as the cornerstone of future efforts to reduce the negative impact of energy on the environment; Whereas the improvement in the management of energy will have a positive effect on the environment, the security of energy supply and sustainable development; Whereas the improvement in the management of contribute to energy is urgently needed in order to to a better the protection security of energy sustainable development; of the environment to supply and Whereas the Commission has communicated to the Council by means of the Green Paper of 11 January 1995 its views on the future of energy policy in the Community, and the role of energy-saving and energy efficiency measures; Whereas the Commission has communicated to the Council and the European Parliament by means of the Green Paper of 11 January 1995 and the White Paper of 13 December 1995 its views on the future of energy policy in the Community, and the role of energy-saving and energy efficiency measures; Whereas Article 130a of the Treaty provides that the Community should develop and pursue its actions leading to the strengthening of its economic and social cohesion, and that it should, in particular, reduce disparities between the various regions and the backwardness of the least- favoured regions; whereas energy should be integrated into that effort; Whereas Article 130a of the Treaty provides that the Community should develop and pursue its actions leading to the strengthening of its economic and social cohesion, and that it should, in particular, reduce disparities between the various regions and the backwardness of the least- favoured regions; whereas energy should be integrated into that effort; (5) O J N oL 167, 9. 7. 1993, p. 31. initial text amended text Whereas by Council Decision 91/565/EEC(6) a Community energy efficiency programme (SAVE), aimed efficiency infrastructures within the Community, was adopted; that programme will expire on 31 whereas December 1995; strengthening energy at Whereas by Council Decision 91/565/EEC(6) a Community energy efficiency programme (SAVE), aimed efficiency infrastructures within the Community, was adopted; whereas that programme expired on 31 December 1995; strengthening energy at important element of Whereas the Community recognized the SAVE the programme as an Community's C02 reduction strategy; whereas the communication of the Commission of 8 May 1991 on the European Community's energy programming activities at regional level, the conclusion of the Energy Council on this communication, and the Resolution of the European Parliament of 16 July 1993(7) stated that those actions should be pursued, amplified and utilized as a support to the energy strategy of the Community; whereas this initiative for totally incorporated into a new SAVE II programme; should now be regional actions as an important recognized element of the Community Whereas the SAVE the programme Community's C02 reduction strategy; whereas the communication of the Commission of 8 May 1991 on the European Community's energy programming activities at regional level, the conclusion of the Energy Council on this communication, and the Resolution of the European Parliament of 16 July 1993(7) stated that those actions should be pursued, amplified and utilized as a support to the energy strategy of the Community; whereas this initiative for regional actions should now be totally incorporated into a new SAVE II programme; Whereas by Decision No 1110/94/EC of the European Parliament and of the Council(8) a Fourth Framework Programme for actions in technological research, development and demonstration was established; whereas energy efficiency policy constitutes an important instrument for the use and promotion of the new energy technologies that the Framework Programme will establish; and whereas the SAVE represents a policy instrument which complements this programme, II programme Whereas by Decision No 1110/94/EC of the European Parliament and of the Council(8) a Fourth Framework Programme for actions in technological and demonstration was research, development established; whereas energy efficiency policy constitutes an important instrument for the use and promotion of the new energy technologies that the Framework Programme will establish; and whereas the SAVE represents a policy instrument which complements this programme, II programme (6) (7) (8) O J N oL 307, 8. 11. 1991, p. 34. OJ No C 255, 20. 9. 1993, p. 252. O J N oL 126, 18. 5. 1994, p. 1. initial text amended text Whereas the Council of Environment Ministers at their meeting of 15 and 16 December 1994 stated that the target of stabilizing C02 emissions can only be achieved by a coordinated package of measures to improve energy efficiency and the rational use of energy which are based on supply and demand at all levels of energy production, conversion, transport and consumption and to exploit renewable energies, and that a local energy management programme could be one of these measures; Whereas the Council of Environment Ministers at their meeting of 15 and 16 December 1994 stated that the target of stabilizing C02 emissions can only be achieved by a coordinated package of measures to improve energy efficiency and the rational use of energy which are based on supply and demand at all levels of energy production, conversion, transport and consumption and to exploit renewable energies, and that local energy management programmes are amongst these measures; Whereas in its opinion on the Commission's Green Paper on energy policy (10). on 10 October 1995 the European Parliament called for the formulation of objectives and a common programme for energy efficiency and savings compatible with the objectiyes concerning the emission of greenhouse gases, as agreed in Rio de Janeiro (1992) and Berlin (1995); is called considerably better I and funded demanded that the Commission clarify the role which it intends to play in energy savings and efficiency bv creating practical projects: II programme which than SAVE for a SAVE Whereas improved energy efficiency will have a positive impact on both the environment and the security of energy supplies which are global in nature; whereas a high international cooperation is desirable to produce the most positive results; level of Whereas improved energy efficiency will have a positive impact on both the environment and the security of energy supplies which are global in nature; whereas a high international cooperation is needed to produce the most positive results; level of Whereas all the elements of the Community action programme for improving the efficiency of electricity use set out in Council Decision 89/364/EEC(9) should be the SAVE II programme; whereas therefore that Decision should be repealed; incorporated into Whereas all the elements of the Community action programme for improving the efficiency of electricity use set out in Council Decision 89/364/EEC(9) should be the SAVE II programme; whereas therefore that Decision should be repealed; incorporated into (9) OJ N° L 157, 9. 6. 1989 p. 32- 34 (10) OJ N° C287, 30. 10. 1995, p. 34 initial text amended text Whereas between 180 and 200 MT of C02 emissions could be avoided by the year 2000 by an improvement of 5% in the energy intensity of final demand additional to the conventional expectations; Whereas between 180 and 200 MT of C02 emissions the year 2000 by an could be avoided by improvement of 5% in the energy intensity of final demand additional to the conventional expectations; Whereas a strengthened SAVE II programme is an important and necessary instrument for promoting increased energy efficiency; Whereas a strengthened SAVE II programme is _. an important and necessary instrument for promoting increased energy efficiency; synergy Whereas in order to prevent duplication and to achieve in implementing to ensure close coordination with other Community programmes linked directly with energy efficiency promotion; care the programme should taken be Whereas it is politically desirable to open the SAVE II programme to the associated Central and Eastern European Countries (CEECs) in accordance with the conclusions of the European Council meeting in Copenhagen in June 1994, and as outlined on the Commission communication to the Council on the subject in May 1994; Whereas it is politically and economically desirable to open the SAVE II programme to the associated Central and Eastern European Countries (CEECs) in accordance with the conclusions of the European Council meeting in Copenhagen in June 1994, and as outlined in the Commission communication to the Council on the subject in May 1994, as well as the associated Mediterranean Countries Cyprus and Malta; for the SAVE the budget Whereas, since II programme is reserved only for participants from the Member States, the appropriations required for the participation of the associated CEECs in the programme will be made available from other Community resources, for the SAVE the budget Whereas, since II programme is reserved only for participants from the Member States, the appropriations required for the participation of the associated Mediterranean Countries Cyprus and Malta in the programme will be made available in from other Community other ways, resources; the associated CEECs and inter alia HAS ADOPTED THIS DECISION: initial text Article 1 amended text Article 1 stimulate energy The Community shall support a 1. five-year programme of measures and actions in order to promote energy efficiency within the Community. The general overall objectives of this programme are to and increased levels of investment for energy saving, and to contribute to improving the energy intensity of final demand by a further percentage point per annum over that which would have been otherwise attained. efficiency measures support a to stimulate energy efficiency measures in all 1. The Community five-year shall programme for the preparation and implementation of measures and actions, also of normative character, in order to promote energy efficiency within the Community. The general overall objectives_of this programme are: a) sectors, transport sector included. b) to encourage investments in energy conservation by private and public consumers and bv industry. c) to create the conditions for improving the energy intensity of further percentage point per annum over that which would have been otherwise attained. consumption final by a 2. Community financing will be given under the "SAVE II programme to promote energy efficiency in the Community" hereafter referred to as "the programme", the objectives of this Decision. for actions which fall within 2. Community financing will be given under the "SAVE II programme to promote energy efficiency to as "the in the Community" hereafter referred programme", the objectives of this Decision. for actions which fall within Article 2 Article 2 Under the programme, the following categories of actions and measures on energy efficiency policy shall be financed: (a) studies and other actions and implementation legislation Community standards governing energy efficiency; leading completion and the of performance to Under the programme, the following categories of actions and measures on energy efficiency policy, which are described in Annex. shall be financed: (a) studies and other actions the implementation and completion of Community energy efficiency legislation and performance standards governing energy efficiency; leading to initial text amended text (b) sectoral pilot actions aimed at accelerating energy efficiency investment and/or improving consumer energy use patterns, to be carried out essentially by Community- wide networks; at aimed targeted sectoral investment and accelerating energy efficiency improving consumer energy use patterns, to be carried out essentially by public and private enterprises; actions pilot (c) (d) measures proposed by the Commission to foster the exchange of experience, mainly through information networks, aimed at promoting better coordination between Community, international, national, regional and local activities through the establishment for exchanging information; appropriate means of (e) measures proposed otherwise better than by coordination the Commission to foster the exchange of experience, mainly through information networks, aimed at promoting between Community, international, national, regional and local activities the establishment of appropriate means for exchanging information; sectoral to monitoring of energy efficiency progress in the Community, in individual Member States and including the programme itself; the detailed through relating (f) an action (b) (c) sectoral pilot actions aimed at accelerating energy efficiency investment and/or improving consumer energy use patterns, to be carried out essentially by Community- wide networks; aimed at targeted investment and accelerating energy efficiency improving consumer energy use patterns, to be carried out essentially by public and private enterprises; sectoral pilot actions (d) measures proposed by the Commission to foster the exchange of experience, mainly through information networks, aimed at promoting better coordination between Community, international, national, regional and local activities through the establishment for exchanging information; (e) measures proposed otherwise of appropriate means than by better coordination the Commission to foster the exchange of experience, mainly through information networks, aimed at promoting between Community, international, national, regional and local activities through the establishment of appropriate means for exchanging information; an action to the detailed sectoral monitoring of energy efficiency progress in the Community, in individual Member States and including the programme itself; relating (f) initial text amended text policies efficiency g) specific actions in favour of greater cohesion between Member States and regions in the field of energy efficiency through support for the creation of energy efficiency infrastructures in those Member States and regions where are not yet energy sufficiently developed; in management at the regional and urban level; (i) studies and other actions in support of energy efficiency initiatives within other programmes, with a view to establishing energy efficiency as a criterion within Community strategic programmes; (h) specific actions energy favour of (j) evaluation and monitoring of the actions and measures undertaken under points (a) to (i). actions policies efficiency (h) specific (g) specific actions in favour of greater cohesion between Member States and regions in the field of energy efficiency through support for the creation of energy efficiency infrastructures in those Member States and regions where are not yet energy sufficiently developed; in management at the regional and urban level; studies and other actions in support of energy efficiency initiatives within other programmes, with a view to establishing energy efficiency as a criterion within Community strategic the taking programmes environmental impact of the different energy sources. ; evaluation and monitoring of the actions and measures undertaken under points(a) to (i). account of energy favour and (i) (j) of Article 3 Article 3 1. All the costs relating the actions and measures referred to in Article 2(a), (d), (f), (i) and (j) shall be borne by the budget of the Community. to 1. All the costs relating the actions and measures referred to in Article 2(a), (d), (f), (i) and (j) shall be borne by the budget of the Community. to 2. The level of funding for the actions and measures referred to in Article 2(b), (c), (e), (g) and (h) shall be set at a maximum of 50% of their total cost. 2. The level of funding for the actions and measures referred to in Article 2(b), (c), (e), (g) and (h) shall be set at a maximum of 50% of their total cost. 3. The balance of the funding of the actions and measures referred to in Article 2(b), (c), (e), (g) and (h) may be made up from either public or private sources or from a combination of the two. 3. The balance of the funding of the actions and measures referred to in Article 2(b), (c), (e), (g) and (h) may be made up from either public or private sources or from a combination of the two. initial text amended text Article 4 1. The Commission will be responsible for the financial execution and implementation of the programme at Community level. Article 4 1. The Commission will be responsible for the financial execution and implementation of the programme at Community level. 2. The conditions and guidelines to be applied for the support of all actions and measures referred to in Article 2 shall be defined each year in accordance with cost effectiveness criteria, the list of priorities referred to in the second paragraph of Article 6, the trends in energy efficiency identified by the action described in Article 2(f) and according to the procedure laid down in Article 5. 2. The conditions and guidelines to be applied for the support of all actions and measures referred to in Article 2 shall be defined each year taking into account : the cost effectiveness criteria, the savings potential and environment impact. the list of priorities referred to in the second paragraph of Article 6, the objectives of cohesion between Member States in the field of energy efficiency and the trends in energy efficiency development indentified by the action described in Article 2(f). The committee described in Article 5. assists the Commission in defining these conditions and guidelines. Article 5 Article 5 The Commission shall be assisted by a committee of an advisory character composed of the representatives of the Member States and chaired by the representative of the Commission. The Commission shall be assisted by a committee of an advisory character composed of the representatives of the Member States and chaired by the representative of the Commission. The representative of the Commission shall submit to the committee a draft of the measures to be taken. The committee shall deliver its opinion on the draft within a time-limit which the chairman may lay down according to the urgency of the matter, if necessary by taking a vote. The representative of the Commission shall submit to the committee a draft of the measures to be taken. The committee shall deliver its opinion on the draft within a time-limit which the chairman may lay down according to the urgency of the matter, if necessary by taking a vote. The opinion shall be recorded in the minutes; in addition, each Member State shall have the right to have its position recorded in the minutes. The opinion shall be recorded in the minutes; in addition, each Member State shall have the right to have its position recorded in the minutes. initial text amended version The Commission shall take the utmost account of the opinion delivered by the committee. It shall inform the committee of the manner in which its opinion has been taken into account. The Commission shall take the utmost account of the opinion delivered by the committee. It shall inform the committee of the manner in which its opinion has been taken into account. Article 6 Article 6 The Member States shall report to the Commission annually on national energy efficiency programmes in to assisting with a view formulating appropriate flanking measures. the Commission The Member States shall report to the Commission annually on national energy efficiency programmes in to assisting with a view formulating appropriate flanking measures. the Commission The Commission shall formulate on an annual basis a list of priorities for funding under the programme which shall reflect an examination of the reports submitted under the first paragraph. This the complementarity between SAVE II programme and the national programmes. Priority shall be given to those complementarity is greatest. areas where account shall such take into list The Commission shall formulate on an annual basis a list of priorities for funding under the programme which shall reflect an examination of the reports submitted under the first paragraph. This the take complementarity between SAVE II programme and the national programmes. Priority shall be given to those complementarity is greatest. areas where account shall such into list Article 7 Article 7 to L. After every year of presents the programme the Commission the European Parliament and to the Council a progress report together with proposals concerning the the guidelines, adopted modifications of according to Article 4. paragraph 2. which may be necessary in the light of the results of the previous year. 10 initial text amended text 1. After the third year of the programme, the Commission shall present a report to the European Parliament and to the Council on the energy efficiency measures undertaken at Community and Member State level and on the results achieved, with particular reference to the objective outlined under Article 1. The report shall be accompanied by proposals for any amendments which may be necessary to the programme in the light of these results. 2,. After the third year of the programme, the Commission shall present a report to the European Parliament and to the Council on the energy efficiency measures undertaken at Community and Member State level and on the results achieved, with particular reference to the objectivesLputlined under Article 1. The report shall be accompanied by proposals for any amendments which may be necessary to the programme in the light of these results. through the application of 2. On expiry of the programme, the Commission shall make an overall assessment of the results obtained this Decision, and of the consistency of national and Community actions. It shall present a report thereon to the European Parliament, the Council, the Economic and Social Committee and the Committee of the Regions, stating, in particular, how far the objective outlined under Article 1 has been achieved. through the application of 3^ On expiry of the programme, the Commission shall make an overall assessment of the results obtained this Decision, and of the consistency of national and Community actions. It shall present a report thereon to the European Parliament, the Council, the Economic and Social Committee and the Committee of the Regions, stating, in particular, how far the objectives outlined under Article 1 have been achieved. Article 8 Article 8 Decision 89/364/EEC is hereby repealed. Decision 89/364/EEC is hereby repealed. 11 initial text Article 9 amended vereion Article 9 The programme shall be open to the associated Central and Eastern European countries (CEECs) in accordance with the conditions contained in the additional protocols to the association agreements in Community concerning programmes. their participation The programme shall be open to the associated Central and Eastern European countries (CEECs) in accordance with including financial arrangements, contained in the additional protocols to the association agreements concerning their participation in Community programmes. the conditions, be open the The programme shall also the associated Mediterranean participation of Countries Cyprus and Malta on the basis of additional appropriations in accordance with the same rules as apply to the EFTA Countries. to Article 10 Article 10 This Decision shall apply from 1 January 1996 to 31 December 2000. This Decision shall apply from 1 January 1996 to 31 December 2000. Article 11 Article 11 This Decision is addressed to the Member States. This Decision is addressed to the Member States. Done at Brussels, Encl. For the Council The President 12 initia] text amended text Annex Description of the actions listed in Article 2. Article 2(a): These shall include, in particular, studies concerning the introduction of EC measures in the following areas: - building energy certification. - insulation for new buildings. - the promotion of third-partv funding of energy-saving investments. - regular checks on boilers. - minimum standards for electrically- operated office machinery (in particular computers/monitors) and household appliances. co generation. minimum standards for motor vehicles. Furthermore, plans will be drawn up. inter alia, for assessing the effects of EC energy legislation and other measures, for the commissioning of CEN/CENELEC in respect of standards for energy consumption applications and for studies for the development of voluntary agreements on energy efficiency objectives and the monitoring thereof and involvement in internationally coordinated activities. 13 initial text amended text Article 2(b): These concern in particular ad hoc actions through closer cooperation between the kev players bv means of Communitv-wide networks; for example, projects by associations instance, the building sector associations of architects), bv undertakings /associations in the electricity and/or gas sectors (for example. integrated resource planning) and bv municipal associations (for example, projects to increase energy efficiency in urban transport). (for in Article 2(c): is particularly aimed at promoting projects This addressing the relevant problems on the basis of one particular theme, for example obstacles to cogeneration or problems involving municipal transport systems. electricity Furthermore, projects consumption more widespread use of new financial mechanisms and in this training and education could be promoted context- the development concerned with and and the dissemination of Article 2(d) and (e): information via As regards networks, specific groups and addressees, or consumers in general, should be reached bv all the available media (publications, videos, workshops, conferences and seminars and databases). Article 2(f): A group of experts should be set up in this context to monitor the utilization of the instruments developed under SAVE I and to assess progress as regards energy efficiency. 14 initial text amended text Article 2(g): This action is designed to promote ties between the various Member States or the regions of various Member States with a view to exchanging information. Furthermore, information the requisite sources of (including databases) should be established to al 1 ow access to information via local initiatives. Finalj v^ regional centres of excellence should be set up to act_as centres for local energy management research and training activities and to contribute to the development of solutions as regards the use of regional sources of energy. in local the emphasis being on Article 2(h): This concerns actions to complement the actions listed under Article 2(g). the establishment of regional and local energy management agencies. These could play a major role for example. in the establishment of educational programmes for end energy the development of users or management initiatives- Article 2(i): The purpose here is. bv using SAVE as a catalyst in other Community programmes such as the European Regional Development Fund, identify potential energy efficiency projects which can be supported by these programmes- Article 2(j): It is important that all the actions taken under SAVE should be fully evaluated and that the contribution of each action to the improvement of energy efficiency should be continually assessed. Projects with a high identified and dissemination potential transmitted the to programme so comprehensive dissemination strategies can be developed. the promotional activities of that should be to 15 ISSN 0254-1475 COM(96) 195 final DOCUMENTS EN 12 Catalogue number : CB-CO-96-204-EN-C ISBN 92-78-03516-5 Office for Official Publications of the European Communities L-2985 Luxembourg 4