Opinion on a Proposal for a directive of the European Parliament and of the Council on the energy performance of buildings (recast)

8.11.2022

Mr CristianSilviu Buşoi

Chair

Committee on Industry, Research and Energy

BRUSSELS

Subject: Opinion on a Proposal for a directive of the European Parliament and of the Council on the energy performance of buildings (recast) (COM(2021)0802 – C90469/2021 – 2021/0426(COD))

Dear Mr Chair,

The Committee on Legal Affairs has examined the proposal referred to above pursuant to Rule 110 on Recasting of Parliament's Rules of Procedure.

Paragraph 3 of that Rule reads as follows:

“If the committee responsible for legal affairs considers that the proposal does not entail any substantive changes other than those identified as such in the proposal, it shall inform the committee responsible for the subject matter thereof.

In such a case, over and above the conditions laid down in Rules 180 and 181, amendments shall be admissible within the committee responsible for the subject-matter only if they concern those parts of the proposal which contain changes.

However, amendments to parts of the proposal which remain unchanged may, by way of exception and on a case-by-case basis, be accepted by the Chair of the committee responsible for the subject matter if he or she considers that this is necessary for pressing reasons relating to the internal logic of the text or because the amendments are inextricably linked to other admissible amendments. Such reasons must be stated in a written justification to the amendments.”

Following the here attached opinion of the Consultative Working Party of the Legal Services of the Parliament, the Council and the Commission, which has examined the recast proposal, and in keeping with the recommendations of the Rapporteur, the Committee on Legal Affairs considers that the proposal in question does not include any substantive changes other than those identified as such and that, as regards the codification of the unchanged provisions of the earlier act with those substantive amendments, the proposal contains a straightforward codification of the existing text, without any change in its substance.

In conclusion, at its meeting of 27 October 2022, the Committee on Legal Affairs, with 21 votes in favour, none against and two abstentions decided to recommend that the Committee on Constitutional Affairs (AFCO), as the committee responsible, proceed to examine the above proposal in accordance with Rule 110.

Yours sincerely,

Adrián Vázquez Lázara

Annex

Brussels, 29 September 2022

OPINION

FOR THE ATTENTION OF THE EUROPEAN PARLIAMENT

THE COUNCIL

THE COMMISSION

Proposal for a directive of the European Parliament and of the Council on the energy performance of buildings (recast)

COM(2021)802 of 15.12.2021 – 2021/0426(COD)

Having regard to the Inter-institutional Agreement of 28 November 2001 on a more structured use of the recasting technique for legal acts, and in particular to point 9 thereof, the Consultative Working Party consisting of the respective legal services of the European Parliament, the Council and the Commission met on 11 and 30 March 2022 for the purpose of examining, among others, the aforementioned proposal submitted by the Commission.

At those meetings, an examination of the proposal for a Directive of the European Parliament and of the Council recasting Directive 2010/31/EU of the European Parliament and of the Council of 19 May 2010 on the energy performance of buildings resulted in the Consultative Working Party’s establishing, by common accord, that the following should have been marked with the grey-shaded type generally used for identifying substantive amendments:

- in recital 57, the adding of the initial words ‘In order to further the aim of improving the energy performance of buildings’;

- in recital 61, the replacement of the indication ‘point 34’ with ‘point 44’, and of the words ‘are encouraged to’ with the word ‘should’;

- in Article 12(1), first subparagraph, the deletion of Article 8(2), first subparagraph, point (a), of Directive 2010/31/EU;

- in Article 12(4), first subparagraph, the deletion of Article 8(5), point (a), of Directive 2010/31/EU;

- in Article 17(1), first subparagraph, point (b), the replacement of the words ‘a public authority’ with the words ‘public bodies’·,

- in Article 20(4), second subparagraph, the deletion of the word ‘heat’ appearing before the word ‘generator’ in Article 14(1), first subparagraph, of Directive 2010/31/EU;

- in Article 20(4), second and fourth subparagraphs, the deletion of the word ‘heating’ appearing before the words ‘requirements’ and ‘system’ in Article 14(1), first and second subparagraphs, of Directive 2010/31/EU;

- in Article 20(6), first subparagraph, the deletion of the initial wording ‘As an alternative to paragraph 1’ and of the words ‘heat’ preceding ‘generators’ and ‘heating’ preceding ‘system’ in Article 14(3), first subparagraph, of Directive 2010/31/EU;

- in Article 27, the deletion of a reference to Article 9 of Directive 2010/31/EU currently contained in Article 20 of that act.

In consequence, examination of the proposal has enabled the Consultative Working Party to conclude, without dissent, that the proposal does not comprise any substantive amendments other than those identified as such. The Working Party also concluded, as regards the codification of the unchanged provisions of the earlier act with those substantive amendments, that the proposal contains a straightforward codification of the existing legal text, without any change in its substance.

F. DREXLER T. BLANCHET D. CALLEJA CRESPO

Jurisconsult Jurisconsult Director-General