EU on energy efficiency by reason of the withdrawal of the United Kingdom from the EU - Main contents

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dossier	COM(2018)744 - Adapting the amended Directive 2012/27/EU on energy efficiency by reason of the withdrawal of the United Kingdom from the EU.
source	COM(2018)744
date	13-11-2018

1. CONTEXT OF THE PROPOSAL

• Reasons for and objectives of the proposal

The present proposal for a Decision of the European Parliament and the Council adapting Directive 2012/27/EU [as amended by Directive 2018/XXX/EU] ¹ on energy efficiency and the Regulation (EU) 2018/XXX [Governance of the Energy Union] is necessitated by the upcoming withdrawal of the United Kingdom from the European Union.

The United Kingdom submitted on 29 March 2017 the notification of its intention to withdraw from the Union pursuant to Article 50 of the Treaty on European Union. This means that, unless a ratified withdrawal agreement establishes another date, all Union primary and secondary law will cease to apply to the United Kingdom from 30 March 2019, 00:00h (CET) ('the withdrawal date'). Negotiations are ongoing with the United Kingdom with a view to reaching a withdrawal agreement.

Furthermore, in accordance with Article 50 i of the Treaty on European Union, the European Council, in agreement with the United Kingdom, may unanimously decide that the Treaties cease to apply at a later date.

The present proposal covers Directive 2012/27/EU of the European Parliament and the Council of 25 October 2012 on energy efficiency [as amended by Directive 2018/XXX/EU] and Regulation (EU) 2018/XXX [Governance of the Energy Union] ² . The energy consumption figures for 2030 given in both legal acts cover 28 Member States (EU28).

Directive 2012/27/EU,as amended by Directive 2018/XXX/EU, sets a Union energy efficiency target of at least 32,5% for 2030 and requires Member States to set indicative national energy efficiency contributions. In so doing the Member States should take into account the Union's 2030 energy consumption ³ . Regulation (EU) 2018/XXX [Governance of the Energy Union] requires Member States in their contribution setting process for the Union 2030 target for energy efficiency to take into account the Union's 2030 energy consumption. Energy consumption at Union level is also relevant for the European Commission's assessment of progress towards collectively achieving the Union's targets.

The revised Energy Efficiency Directive translates the Union's 2030 energy efficiency headline target of at least 32,5 % into absolute values of no more than 1 273 Mtoe of primary and no more than 956 Mtoe of final energy consumption for the Union of 28 Member States. These values are calculated by reducing the 2007 PRIMES reference scenario projections for the EU in 2030 by 32,5 %. The respective projections for the EU 27 excluding the United Kingdom result in absolute energy consumption levels of no more than 1 128 Mtoe of primary energy consumption and no more than 846 Mtoe of final energy consumption in 2030.

With the withdrawal of the United Kingdom, the Union's energy consumption figures for 2030 therefore needs to be adjusted to the situation of 27 Member States. As this change is based on the same underlying energy model figures, it can be considered a technical adaptation.

• Consistency with existing policy provisions in the policy area

n.a.

• Consistency with other Union policies

n.a.

2. LEGAL BASIS, SUBSIDIARITY AND PROPORTIONALITY

• Legal basis

The legal basis for the proposal is the Treaty on the Functioning of the European Union, and in particular Articles 192 i and 194(2) thereof. These are also the legal basis for Directive 2012/27/EU on energy efficiency [as amended by Directive 2018/XXX/EU] and Regulation (EU) 2018/XXX [Governance of the Energy Union] which this proposal amends. As the Treaty contains a specific energy legal basis, it is appropriate to use it.

• Subsidiarity (for non-exclusive competence)

The principles of subsidiarity and proportionality are fully respected. The action of the Union is necessary under the principle of subsidiarity (Article 5 i TEU) because it concerns technical adaptations to legal acts which were enacted by the Union.

• Proportionality

The proposal respects the principle of proportionality (Article 5 i TEU) because it does not go beyond what is necessary to reach the objective pursued. The proposed amendments to the current legislative framework will adapt it to a 2030 time frame and ensures consistency. The scope of the elements proposed is limited to those aspects that require action by the Union.

• Choice of the instrument

As this proposal amends an existing Directive and an existing Regulation, an amending Decision of the European Parliament and of the Council is the appropriate instrument.

3. RESULTS OF EX-POST EVALUATIONS, STAKEHOLDER CONSULTATIONS AND IMPACT ASSESSMENTS

As this proposal is of a purely technical nature and does not involve any political choices, consultations with interested parties or impact assessments would not have made sense.

• Ex-post evaluations/fitness checks of existing legislation

n.a.

• Stakeholder consultations

n.a.

• Collection and use of expertise

n.a.

• Impact assessment

n.a.

• Regulatory fitness and simplification

n.a.

• Fundamental rights

n.a.

4. BUDGETARY IMPLICATIONS

The proposal has no budgetary implications.

5. OTHER ELEMENTS

• Implementation plans and monitoring, evaluation and reporting arrangements

n.a.

• Explanatory documents (for directives)

As this proposal is of a purely technical nature explanatory documents on the transposition are not necessary.

• Detailed explanation of the specific provisions of the proposal

n.a.