The Commission is of the opinion that the common position improves the proposal by clarifying a number of issues, such as the scope of harmonization of the Directive, the conditions for particular products to become subject to implementing measures and the procedure for adopting implementing measures.
All the main elements put forward by Parliament on first reading and accepted by the Commission are largely reflected in the common position. Reference is also made to the creation of a consultative forum to ensure stakeholders’ involvement in the preparation of implementing measures; introduction of a working plan; emphasis on reduction of greenhouse gases in the first years of implementation; revision clause for the framework directive and for the individual implementing measures; attention to conformity of imported products; impact on medium and small business and criteria for assessing self-regulation by industry.
On the other hand, the Commission would have preferred stricter drafting for clauses concerning market surveillance by the Member States and the inclusion of the eligibility criteria for self-regulatory activities. However, the compromise text also appears acceptable on those points, considering that, on the one hand, the Council objected to more detailed provisions on market surveillance more on the grounds of subsidiarity than substance and, on the other, the common position keeps a reference to the Commission communication (recital 16) where the eligibility criteria are listed.