# 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, Division 9.9: Directive 2002/91/EC of the European Parliament and of the Council of 16 December 2002 on the energy performance of buildings

Extent: E+W+S+N.I.

As regards Directive 2002/91/EC, the Commission should be empowered to adapt to technical progress certain parts of the general framework set out in the Annex to that Directive. Since those measures are of general scope and are designed to amend non-essential elements of Directive 2002/91/EC, they must be adopted in accordance with the regulatory procedure with scrutiny provided for in Article 5a of Decision 1999/468/EC.
Accordingly, Directive 2002/91/EC is hereby amended as follows:
1.. in Article 3, the first paragraph shall be replaced by the following:
‘Member States shall apply a methodology, at national or regional level, of calculation of the energy performance of buildings on the basis of the general framework set out in the Annex to this Directive. The Commission shall adapt points 1 and 2 of the Annex to technical progress, taking into account standards or norms applied pursuant to national law. 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 14(2).’;
2.. in Article 13, the second paragraph shall be replaced by the following:
‘Adaptations of points 1 and 2 of the Annex to this Directive to technical progress, designed to amend non-essential elements of this Directive, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 14(2).’;
3.. Article 14 shall be replaced by the following:
‘Committee procedure
Article 14 1. The Commission shall be assisted by a committee.
2. 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.’

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Source: https://www.legislation.gov.uk/eur/2008/1137/annex/division/9/division/9.9 (the official version)
Page: https://openlegislation.uk/eu-regulation-2008-1137/annex/division-9/division-9.9
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.