{
  "url": "https://openlegislation.uk/eu-regulation-2008-1137/annex/division-9/division-9.14",
  "json_url": "https://openlegislation.uk/eu-regulation-2008-1137/annex/division-9/division-9.14.json",
  "legislation": "eur/2008/1137",
  "legislation_title": "Regulation (EC) No 1137/2008 of the European Parliament and of the Council of 22 October 2008 adapting a number of instruments subject to the procedure laid down in Article 251 of the Treaty to Council Decision 1999/468/EC, with regard to the regulatory procedure with scrutiny Adaptation to the regulatory procedure with scrutiny — Part One",
  "legislation_url": "https://openlegislation.uk/eu-regulation-2008-1137",
  "path": "annex/division/9/division/9.14",
  "kind": "division",
  "number": "9.14",
  "heading": "Directive 2006/32/EC of the European Parliament and of the Council of 5 April 2006 on energy end-use efficiency and energy services",
  "text": "As regards Directive 2006/32/EC, the Commission should be empowered to adapt certain values and calculation methods to technical progress; to refine and complement the general framework for measurement and verification of energy savings; to raise the percentage of harmonised bottom-up calculations used in the harmonised calculation model; and to develop a set of harmonised energy efficiency indicators and benchmarks. Since those measures are of general scope and are designed to amend non-essential elements of Directive 2006/32/EC, inter alia, by supplementing it with new non-essential elements, they must be adopted in accordance with the regulatory procedure with scrutiny provided for in Article 5a of Decision 1999/468/EC.\nAccordingly, Directive 2006/32/EC is hereby amended as follows:\n1.. Article 15 shall be replaced by the following:\n‘Review and adaptation to technical progress\nArticle 15 1. The values and calculation methods referred to in Annexes II to V to this Directive shall be adapted to technical progress. Those measures, designed to amend non-essential elements of this Directive, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 16(3).\n2. Before 1 January 2010, the Commission shall further refine and complement as required points 2 to 6 of Annex IV, whilst respecting the general framework set out in that Annex. Those measures, designed to amend non-essential elements of this Directive, inter alia, by supplementing it, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 16(3).\n3. Before 1 January 2012, the Commission shall raise the percentage of harmonised bottom-up calculations used in the harmonised calculation model referred to in point 1 of Annex IV, without prejudice to those national schemes that already use a higher percentage. This measure, designed to amend non-essential elements of this Directive, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 16(3). The new harmonised calculation model with a significantly higher percentage of bottom-up calculations shall be used as from 1 January 2012.\nWherever practicable and possible, the measurement of total savings over the total period of application of this Directive shall use the new harmonised calculation model referred to in the first subparagraph, without prejudice to those national schemes that use a higher percentage of bottom-up calculations.\n4. Not later than 1 January 2010, the Commission shall develop a set of harmonised energy efficiency indicators and benchmarks based upon them, taking account of available data or data that can be collected in a cost-effective manner for each Member State. Those measures, designed to amend non-essential elements of this Directive by supplementing it, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 16(3). For the development of these harmonised energy efficiency indicators and benchmarks, the Commission shall use as a reference guide the indicative list set out in Annex V. Member States shall gradually integrate these indicators and benchmarks into the statistical data included in their EEAPs as referred to in Article 14, and use them as one of the tools at their disposal to decide on future priority areas for the EEAPs.\nNot later than 17 May 2011, the Commission shall present to the European Parliament and the Council a report on progress in setting indicators and benchmarks.’;\n2.. Article 16 shall be replaced by the following:\n‘Committee procedure\nArticle 16 1. The Commission shall be assisted by a committee.\n2. Where reference is made to this paragraph, Articles 5 and 7 of Decision 1999/468/EC shall apply, having regard to the provisions of Article 8 thereof.\nThe period provided for in Article 5(6) of Decision 1999/468/EC shall be set at three months.\n3. Where reference is made to this paragraph, Article 5a(1) to (4) and Article 7 of Decision 1999/468/EC shall apply, having regard to the provisions of Article 8 thereof.’",
  "extent": "E+W+S+N.I.",
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "footnote",
      "label": "f1",
      "text": "OJ L 114, 27.4.2006, p. 64."
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/eur/2008/1137/annex/division/9/division/9.14",
    "retrieved_at": "2026-11-01T14:51:51.715683+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}