Engelstalig COM(@008) 780 final
Subsidiariteitstoets van het voorstel voor een herschikking van de richtlijn over energieprestaties van gebouwen
Bijlage
Nummer: 2008D19054, datum: 2008-12-01, bijgewerkt: 2024-02-19 10:56, versie: 1
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Gerelateerde personen:- Eerste ondertekenaar: J.J. (Jan Jacob) van Dijk, voorzitter van de tijdelijke gemengde commissie subsidiariteitstoets (Ooit CDA kamerlid)
Bijlage bij: Subsidiariteitstoets van het voorstel voor een herschikking van de richtlijn over energieprestaties van gebouwen (2008D18640)
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EN
COMMISSION OF THE EUROPEAN COMMUNITIES
Brussels, 13.11.2008
COM(2008) 780 final
2008/0223 (COD)
DOCPROPERTY "Classification"
Proposal for a
DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
on the energy performance of buildings
(recast)
(presented by the Commission)
{SEC(2008) 2864}
{SEC(2008) 2865}
COMMUNICATION FROM THE COMMISSION
EXPLANATORY MEMORANDUM
1. Context of the proposal
1.1. Objective
The aim of the recast of Directive 2002/91/EC of the European Parliament
and of the Council of 16 December 2002 on the energy performance of
buildings, hereafter referred to as "EPBD", is to clarify and simplify
certain provisions, extend the scope of the Directive, strengthen some
of its provisions so that their impact is more effective, and to provide
for the leading role of the public sector. In doing so, the
transposition and implementation of the EPBD is to be facilitated and a
significant portion of the remaining cost-efficient potential in the
buildings sector will be reaped. At the same time, the objectives and
principles of the current Directive are retained and it is again left to
Member States to determine the concrete requirements and ways to
implement it as before.
1.2. EU policy objectives and the buildings sector
In January 2007, the Commission proposed a comprehensive climate and
energy package containing targets of 20-20-20% reduction of energy
consumption and greenhouse gas emissions, and increased share of
renewables by 2020. This was endorsed by the 2007 Spring European
Council. These targets have been adopted in the light of the mounting
scientific evidence of climate change, high energy prices and the
growing import energy dependency and its possible geo-political
repercussions. The reduction of energy consumption can clearly make a
significant contribution to achieving these targets. The buildings
sector provides many cost-efficient opportunities for action, while at
the same time contributing to the welfare of EU citizens.
The buildings sector – i.e. residential and commercial buildings - is
the largest user of energy and CO2 emitter in the EU and is responsible
for about 40% of the EU's total final energy consumption and CO2
emissions. The sector has significant untapped potential for
cost-effective energy savings which, if realized, would mean that in
2020 the EU will consume 11% less final energy. This in turn translates
to a number of benefits, such as reduced energy needs, reduced import
dependency and impact on climate, reduced energy bills, an increase in
jobs and the encouragement of local development.
Buildings essentially correspond to the needs and preferences of all
European citizens in their specific environments and are therefore often
regarded as a key matter of competence for local, regional and national
authorities. At the same time, construction products, appliances and
services are an important part of the EU internal market and nowadays
many workers and businesses are not limited to a single country.
Furthermore, the building sector is crucial to meet the energy and
climate objectives at the least possible cost to individuals and society
in all countries and the added value of common efforts is significant.
This further justifies action at EU level.
2. Existing Community provisions
2.1. Energy Performance of Buildings Directive
The EPBD is the main Community legal tool that provides for a holistic
approach towards efficient energy use in the buildings sector. The
EPBD's main objective is to promote the cost-effective improvement of
the overall energy performance of buildings. Its provisions cover energy
needs for space and hot water heating, cooling, ventilation and lighting
for new and existing, residential and non-residential buildings. Most of
the existing provisions apply to all buildings, regardless of their size
and whether in residential or non-residential use. Some provisions only
apply to specific building types. The Directive combines, in a legal
text, different regulatory (such as the requirement for Member States to
set energy performance requirements for new and large existing buildings
that undergo major renovation) and information-based instruments (such
as energy performance certificates, inspection of heating and
air-conditioning requirements).
The EPBD does not fix EU-wide levels, but requires Member States to lay
down the concrete requirements and relevant mechanisms. Thus, its
approach takes national/regional boundary conditions, like outdoor
climate and individual building traditions fully into consideration.
Member States can go beyond the minimum requirements set in the
Directive and be more ambitious. There was a delay in the EPBD's
implementation, but now 22 Member States declare full transposition
(under evaluation by the Commission). One of the main contributions of
the EPBD so far, has been in bringing energy efficiency in buildings
onto political agendas, its' integration into building codes and to the
attention of citizens.
2.2. Other regulatory instruments
Apart from the EPBD, there are a number of other Directives dealing with
energy aspects in the buildings context, e.g. Eco-design of Energy-using
Products Directive (2005/32/EC), Directive on the Promotion of
Cogeneration (2004/8/EC), Energy End-use Efficiency and Energy Services
Directive (2006/32/EC), and the proposed Directive on the Promotion of
the Use of Energy from Renewable Sources. Relevant provisions on
buildings can also be found in the Construction Products Directive
(89/106/EEC); and in the Sustainable Production and Consumption and
Sustainable Industrial Policy Action Plan.
Although these Directives are not explicitly mentioned in the proposal,
as this is not a legal practice, they are an inseparable part of a mix
of tools to promote sustainable construction and use of the EU buildings
stock and Member States shall also take them into full account when
developing their policies for the sector.
2.3. Need for further action?
Despite the actions already undertaken, very large cost-efficient energy
saving potential remains unexploited. This means that a lot of the
potential social, economic and environmental benefits at national and EU
level are not fully taken advantage of. This is due to the complexity of
the sector and the existence of market failures, but also to some
limitations of the wording and scope of some provisions of the current
EPBD and the low level of ambition of its implementation by some Member
States.
3. Consultations with interested parties and Impact Assessment
3.1. Consultations, data collection and use of expertise
The EPBD recast proposal has been developed on the basis of a broad
range of contributions from Member States and interested parties,
provided on various occasions including public online consultation.
Comprehensive analysis of the impacts of the various options proposed
was carried out with consideration being given to their economic, social
and environmental impacts and taking into account the subsidiarity and
proportionality principles.
3.2. Impact Assessment
The Impact Assessment (IA) clearly demonstrated that the revision of the
EPBD is the appropriate action to meet EU policy objectives. The current
Directive will be the starting point and form the 'backbone'. However,
it should be emphasised that the solution lies in an integrated mix of
policy instruments. Thus, other non-regulatory measures, although not
sufficient on their own, are necessary to complement the implementation
of the Directive. Therefore, the efforts in providing more information,
training of experts, and agreeing on voluntary actions should be
continued and further developed further. In addition, efforts are
necessary to set financial and fiscal incentives at the right level to
encourage an efficient use of resources.
The IA concluded that several aspects of the EPBD should be addressed in
two ways. First, clarification of ambiguous wording needs to be
introduced. Also, the use of recasting (vs amendment) was suggested.
Second, the main pillars (energy performance requirements for new
buildings and for existing ones that undergo major renovation; energy
performance certificates; and the inspection of heating and
air-conditioning systems) of the current Directive need to be
strengthened. The options analysed within each pillar include a mix of
policy instruments and also include non-regulatory alternatives. They
would allow for the potential of the current EPBD to be fully realized
and for its impact to be widened.
The minimum total impact of the options identified as being most
beneficial and therefore considered to be included in this recast
proposal and for which quantification was possible, is significant:
60 – 80 Mtoe/year energy savings by 2020, i.e. a reduction of 5-6% of
the EU final energy in 2020;
160 to 210 Mt/year CO2 savings by 2020, i.e. 4-5% of EU total CO2
emissions in 2020;
280,000 (to 450,000) potential new jobs by 2020, mainly in the
construction sector, energy certifiers and auditors and inspectors of
heating and air-conditioning systems. New jobs would also be stimulated
by the need for products, components and material used or installed in
better performing buildings (these have not been quantified in the IA).
The investment requirements and the administrative costs are relatively
low compared to the benefits and the returns. For example, abolishing
the 1000 m2 threshold of Article 6 of the current EPBD would lead to
€8 billion/year additional capital investments, but would trigger
€25 billion/year energy cost savings by 2020, which also means
considerable negative CO2 abatement costs. These calculations have been
made on the basis of conservative estimates about oil prices.
The investment requirements are not equally distributed amongst EU
citizens, i.e. there will be additional costs for those who make major
renovations to their buildings or are engaged in property transaction.
However, with high energy prices these initial investments will generate
attractive returns and will reduce energy bills. This will have positive
direct and indirect effects throughout the whole economy.
The overall benefits for society in terms of reduction of energy
consumption and thus reduced CO2 emissions and energy import dependency,
job creation, positive health and labour productivity far exceed the
costs of the measures analysed. Investments on energy savings that pay
for themselves by making the use of primary energy efficient also
increase welfare.
Nevertheless, some of the requirements might be a burden to some low
income households. Improvement of the quality of buildings is important
way to achieving long-term solutions to the problems of high energy
bills and for a better quality of life and other measures at the
disposal of Member States should be used to support those in such need.
The revised Directive supports the case of targeted funding tools. For
example, it provides the basis for linking energy efficiency
improvements included in the recommendations of the certificate and
financial incentives.
The IA document published and its annexes provide detailed information
on the various options considered and their impact, as well as the
methodological approach for their evaluation.
4. Budgetary implications
Member States authorities, in their replies to a questionnaire prepared
by the Commission for the revision, estimated that the budgetary
implications resulting from the Directive are not too substantial. In
addition, the administrative impact is moderate. Reducing unproductive
primary energy consumption in the buildings sector will lead to cuts in
expenditure for households, businesses and public authorities managing
and using these buildings. The monetary and economic benefits will be
higher than the additional costs of realising the investments to save
energy. The administrative costs and investments required are discussed
in detail in the IA document. No substantial costs for the Community
budget have been identified.
The enhanced requirements would increase the workload for the Commission
and would require additional personnel (approximately three full-time
officials).
5. Legal elements of the Proposal
5.1. Summary of the proposed action
In the proposal the objectives and main principles of the current EPBD
are retained and the role of Member States in setting up the concrete
requirements is also the same as in the current EPBD. The administrative
burdens are kept to a minimum, but developed in order to achieve maximum
effect. It is crucial that the current EPBD be properly implemented and
on time. This proposal should not be an excuse to delay implementation
of the current Directive. The proposal clarifies, strengthens and
extends the scope of the current EPBD's provisions by;
Introducing clarification of the wording of certain provisions;
Extending the scope of the provision requiring Member States to set up
minimum energy performance requirements when a major renovation is to be
carried out ;
Reinforcing the provisions on energy performance certificates,
inspections of heating and air-conditioning systems, energy performance
requirements, information, and independent experts;
Providing Member States and interested parties with a benchmarking
calculation instrument, which allows the nationally/regionally
determined minimum energy performance requirements ambition to
cost-optimal levels to be compared;
Stimulating Member States to develop frameworks for higher market uptake
of low or zero energy and carbon buildings;
Encouraging a more active involvement of the public sector to provide a
leading example.
5.2. Legal basis
Energy efficiency of buildings has an important place in Community
environmental policy. Therefore, the current EPBD has been based on Art.
175(1) of the EC Treaty. This remains unchanged.
5.3. EU's right to act, subsidiarity and proportionality
The instruments on energy efficiency adopted at EU level reflect the
growing importance of energy as a political and economic challenge and
its close interrelation to policy areas of security of energy supply,
climate change, sustainability, the environment, internal market, and
economic development.
The buildings sector is responsible for about half of the CO2 emissions
not covered by the Emission Trading Scheme and has significant CO2
reduction potential at negative or low abatement costs. The
characteristics of the buildings sector limit the rate of energy
efficiency gains. The construction products, appliances and services
related to buildings are an important part of the EU internal market.
Without assurance that EU-wide market conditions are firmly established
and long-lasting, businesses are not likely to respond rapidly to the
growing demand for energy efficiency services. In addition, with the
increasing mobility of workers and number of businesses with operations
across the EU, measures creating more comparable national regulatory
conditions would decrease the administrative burden and increase
opportunities for productivity gains for them.
Energy efficiency objectives could so far not be sufficiently achieved
by Member States alone, and action at Community level is needed to
facilitate and support the uptake of activities at national level. The
main elements of the current EPBD have already been considered pointing
the context of subsidiarity and proportionality principles and the
practice has demonstrated the appropriateness of the approach. In the
proposed text both principles have been respected. The emphasis is on
the establishment of a common approach that creates the basis for
coherent and mutually reinforcing mechanisms for energy efficiency
improvements, while at the same time Member States retain control over
setting the individual requirements and ways to implement them.
5.4. Choice of legal instrument
The energy of buildings energy efficiency is part of the Commission's
Better Regulation Strategy, in particular of the Action Plan
"Simplifying and improving the regulatory environment". It is proposed
that the recasting technique is used as it improves readability and
facilitates its comprehension.
6. Contents of the proposal
A number of modifications are made to the text with some of them being
adaptations, clarifications and minor corrections of the text, whilst
others provide for the insertion of new provisions. The latter are
described below.
Preamble
Some recitals are up-dated or adapted.
Art. 1. Subject matter
A reference is inserted to indicate new requirements on: (i) national
plans for increasing the number of buildings of which both
CO2–emissions and primary energy consumption are low or equal to zero,
and (ii) independent control systems for the energy performance
certificates and the inspection reports.
Art. 2. Definitions
Clarifications to several terms are introduced and new definitions are
added wherever necessary.
Art. 3. Adoption of a methodology
The text is adapted and the technical details it contained are moved to
Annex I.
Art. 4. Setting of minimum energy performance requirements
At present, the energy performance requirements, as established by
Member States, vary considerably in their level of ambition, with some
being far from cost-optimal levels. This means that an opportunity for
improving the energy performance of a building in an economic way and
lowering the future energy bills is lost in many constructions and major
renovations.
The text has been modified to ensure that the minimum energy performance
requirements of buildings as set by Member States gradually align with
cost-optimal levels. A four stages approach has been proposed:
Member States should set their requirements using their own calculation
methodology with a view to achieve the cost-optimal levels determined by
them;
The Commission will develop a comparative methodology and Member States
will have to use it for comparison purposes only and shall report the
results as described in Art. 5 below;
As from 30 June 2014, Member States are no longer able to provide
incentives for the construction or renovation of buildings which do not
comply with minimum energy performance requirements achieving the
results of the comparative calculation described in Art. 5;
As from 30 June 2017, Member States, where they review their minimum
energy performance requirements, shall ensure that these requirements
achieve the results of the calculation referred to in Article 5(2).
Art. 5. Calculation of cost-optimal levels of minimum energy performance
requirements
The abovementioned comparative methodology would consist of a
calculation methodology developed by the Commission which would take
cost-optimal criteria into account by variables (such as investment
costs, operating and maintenance costs, incl. energy costs). Member
States would be required to use this methodology in order to calculate
the cost-optimal requirements using variables as fixed by them. The
results should then be compared with the actual requirements established
in the Member State, thus clearly indicating how close national
requirements are to cost-optimal levels.
Member States shall report the specified variables, comparative
calculation results and the comparison to requirements laid down to the
Commission, which will publish progress reports.
Art. 6. New buildings
The obligation to consider alternative systems for new buildings is
extended to all buildings. This enlarges the EPBD's scope and supports
the EU targets on renewables.
Although not stated, the implementation of the provisions on the
evaluation of the alternative systems shall be in line with the
requirements under the Directive on the promotion of the use of
renewable energy sources (COM(2008) 19 final).
Article 6 (2) is added to ensure that the analysis of the alternative
systems is de facto carried out and that this is done in a transparent
manner.
Art. 7. Existing buildings
The threshold of 1000 m2 for meeting of the national/regional minimum
energy performance requirements when the buildings undergo major
renovation is deleted. This threshold in the current EPBD excludes 72%
of the buildings stock which disposes of an outstanding, cost-effective
energy saving potential. Clearly, the best moment for the introduction
of energy efficiency measures is when the building undergoes major
renovation (approx. every 25-40 years). In this way the additional
investment needs are not high and due to energy savings they are repaid
within the lifetime of the measures.
The definition of 'major renovation' is kept and reinforced by being
moved from the preamble to Article 2. Therefore, the investment should
be more than 25% of the whole buildings value, excluding the land, e.g.
the actuarial value, or more than 25% of the building envelope undergoes
structural renovation.
Art. 8. Technical building systems in existing buildings
Requirements are included for Member States to set up minimum energy
performance requirements for the installation of new or the replacement
of existing technical building systems, or their major retrofit. These
should be consistent with the legislation applicable to the products
which compose this system, and be based on a proper installation of the
system’s components and their appropriate adjustment and sizing. This
aims at ensuring better efficiency of whole systems. This is needed
because if the individual elements of a system are very efficient, if
they are not well installed or adjusted, the efficiency of the entire
system may not be high.
Art. 9. Buildings of which both carbon dioxide emissions and primary
energy consumption are low or equal to zero
Member States are required to actively promote the higher market uptake
of such buildings by producing national plans with clear definitions and
targets for their uptake. Member States should demonstrate the leading
role of public authorities in the setting up of specific targets for
buildings occupied by them. Based on the Member States' information the
Commission shall establish common principles for defining such
buildings. The Commission will report on the progress of Member States,
and on the basis of this develop a strategy, and, if necessary, develop
further measures.
Art. 10. Energy performance certificates
The role of the recommendations of the certificate is strengthened and
clarified by emphasizing that they shall be an indispensable part of the
certificate and by including provisions on the information they shall
contain.
Art. 11. Issuing of energy performance certificates
The requirements related to the provision of the certificate are
reformulated to ensure that the certificates are provided every time
there is a property transaction and the prospective buyer or tenant is
informed of the energy performance of the building (or its parts) at an
early stage (i.e. in the sale/rent announcements).
A requirement that if the total useful area over 250 m2 of a building is
occupied by public authorities, a certificate should be issued by 31
December 2010, is introduced.
Art. 12. Display of energy performance certificates
The scope of the obligation to display the certificate is extended: i.e.
if the total useful area of a building occupied by a public authority or
frequently visited by the public is over 250 m2 , the certificate shall
be displayed in a prominent place clearly visible to the public. For the
latter, the requirement shall be imposed only if the certificate is
already available.
Art. 13. Inspection of heating systems
Clarifications on the frequency of inspections are introduced in order
to stress the importance of proportionality between inspection costs and
anticipated energy savings (benefits) stimulated by the inspection.
A requirement for an independent control system for the inspection
reports, i.e. via random sampling checks of the quality, is introduced.
Art. 14. Inspection of air-conditioning systems
Similar to Art. 13, clarification on the frequency of the inspections.
Art. 15. Reports on the inspection of heating and air-conditioning
systems (new)
The requirement for an inspection report to be handed over to the owner
or tenant of a building is introduced, in order to appropriately inform
them about the inspection result and recommendations for cost-effective
improvements.
Art. 16. Independent experts
A requirement is added that in the accreditation process the operative
and technical skills of experts who carry out the certifications and
inspections and their ability to carry out the service in an independent
manner are taken into account.
At present, some Member States limit the accreditation of experts to
specific professional groups or companies which does not guarantee their
competence and prevents other skilled professionals, for example ESCOs
and energy agencies, from entering the market, which limits competition.
Art. 17. Independent control system
A requirement for an independent control system for the energy
performance certificates and for the reports on the inspection of
heating and air-conditioning systems, i.e. via random sampling checks of
the quality, is introduced.
The certificates and the inspection report shall be registered, if
requested.
Art. 18. Review
Updated.
Art. 19. Information
Member States are required to provide information to building owners or
tenants on energy performance certificates and the inspection of heating
and air-conditioning systems. During the implementation of the current
Directive it became obvious that the population is not always aware of
their role and added value. If this is not understood and they are
treated just as an additional administrative requirement, the potential
positive impact will not be realized. Therefore, all-embracing
information campaigns shall be initiated by Member States.
Art. 20: Adaptation of Annex I to technical progress
Adapted.
Art. 21. Committee
Modified in line with the adaptations of the regulatory procedure with
scrutiny.
Art. 22. Penalties
Member States are required to lay down and implement rules applicable in
response to infringements of the national provisions adopted pursuant to
the EPBD. The fine may depend on the energy consumption, or energy
demand of the certified building/effective rated output of the inspected
heating/air-conditioning system.
The text is similar to Article 20 (Penalties) of Directive 2005/32/EC.
Art. 23. Transposition
Transposition dates are adjusted so that Member States have sufficient
time to transpose (31 December 2010) and fully implement (31 January
2012) the revised/new provisions. To reinforce the important role of the
public sector to act as a leading example, the public authorities'
deadline for the implementation of the provision is shorter (31 December
2010).
Art. 24. Repeal
Inserted so that there is a distinction between the provisions of the
current EPBD and its recast.
Art. 25. Entry into force
Adapted.
Art. 26.
No changes.
Annex I
It is important that an estimation of the 'real' impact of the
building's operation on the total energy consumption and on the
environment is made and therefore a primary energy indicator and CO2
emissions indicator shall be used.
The annual energy performance data shall be used for the assessment so
that the importance of the different energy uses throughout the year is
emphasised and the cooling demand is better incorporated.
Reference to the European standards has been made to support the
harmonization of the methodologies for calculating national/regional
minimum energy performance requirements.
Annex II
Provides a description of independent control systems for energy
performance certificates and inspection reports.
Annex III
Added as required in Article 23.
Annex IV
Correlation table
QUOTE "ê" ê 2002/91
2008/0223 (COD)
Proposal for a
DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
on the energy performance of buildings
(recast)
THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European Community, and in
particular Article 175(1) thereof,
Having regard to the proposal from the Commission,
Having regard to the opinion of the European Economic and Social
Committee,
Having regard to the opinion of the Committee of the Regions,
Acting in accordance with the procedure laid down in Article 251 of the
Treaty,
Whereas:
QUOTE "ò" ò new
(1) Directive 2002/91/EC the European Parliament and of the Council of
16 December 2002 on the energy performance of buildings has been
amended. Since further substantive amendments are to be made, it should
be recast in the interests of clarity.
QUOTE "ê" ê 2002/91 recital 1 (adapted)
(1) Article 6 of the Treaty requires environmental protection
requirements to be integrated into the definition and implementation of
Community policies and actions.
QUOTE "ê" ê 2002/91 recital 2
(2) The natural resources, to the prudent and rational utilisation of
which Article 174 of the Treaty refers, include oil products, natural
gas and solid fuels, which are essential sources of energy, but also the
leading sources of carbon dioxide emissions.
QUOTE "ê" ê 2002/91 recital 3
Increased energy efficiency constitutes an important part of the package
of policies and measures needed to comply with the Kyoto Protocol and
should appear in any policy package to meet further commitments.
QUOTE "ò" ò new
(3) Reduction of energy consumption in the buildings sector constitutes
an important part of the measures needed to reduce greenhouse gas
emissions and comply with the Kyoto Protocol to the United Nations
Framework Convention on Climate Change, and with further European and
international commitments to reduce greenhouse gas emissions beyond
2012. Reduced energy consumption also has an important part to play in
promoting security of energy supply, technological development and
providing opportunities for employment and regional development,
especially in rural areas.
QUOTE "ê" ê 2002/91 recital 4 (adapted)
(4) Demand Mmanagement of energy QUOTE "Ö" Ö demand QUOTE "Õ"
Õ is an important tool enabling the Community to influence the global
energy market and hence the security of energy supply in the medium and
long term.
QUOTE "ê" ê 2002/91 recital 5 (adapted)
QUOTE "ð" ð new
(5) 30 May 2000 and of 5 December 2000, the Council endorsed the
Commission's action plan on energy efficiency and requested specific
measures in the building sector.
QUOTE "ò" ò new
(5) The European Council of March 2007 emphasised the need to increase
energy efficiency in the Community so as to achieve the objective of
reducing by 20 % the Community's energy consumption by 2020 and called
for a thorough and rapid implementation of the priorities established in
the Communication of the Commission "Action Plan for Energy Efficiency:
Realising the Potential". This Action Plan identified the significant
potential for cost-effective energy savings in the buildings sector. The
European Parliament, in its resolution of 31 January 2008, has called
for strengthening the provisions of Directive 2002/91/EC.
QUOTE "ê" ê 2002/91 recital 6 (adapted)
(6) The residential and tertiary sector, the major part of which is
buildings, accounts for more than QUOTE "Ö" Ö approximately
QUOTE "Õ" Õ 40 % of final energy consumption in the Community and is
expanding, a trend which is bound to increase its energy consumption and
hence also its carbon dioxide emissions.
QUOTE "ê" ê 2002/91 recital 7 (adapted)
(7) Council Directive 93/76/EEC of 13 September 1993 to limit carbon
dioxide emissions by improving energy efficiency (SAVE)(5), which
requires Member States to develop, implement and report on programmes in
the field of energy efficiency in the building sector, is now starting
to show some important benefits. However, a complementary legal
instrument is needed QUOTE "Ö" Ö It is necessary QUOTE "Õ"
Õ to lay down more concrete actions with a view to achieving the great
unrealised potential for energy savings QUOTE "Ö" Ö in
buildings QUOTE "Õ" Õ and reducing the large differences between
Member States' results in this sector.
QUOTE "ê" ê 2002/91 recital 8
(8) Council Directive 89/106/EEC of 21 December 1988 on the
approximation of laws, regulations and administrative provisions of the
Member States relating to construction products(6) requires construction
works and their heating, cooling and ventilation installations to be
designed and built in such a way that the amount of energy required in
use will be low, having regard to the climatic conditions of the
location and the occupants.
QUOTE "ê" ê 2002/91 recital 9 (adapted)
QUOTE "ð" ð new
(8) The measures further to improve the energy performance of buildings
should take into account climatic and local conditions as well as indoor
climate environment and cost-effectiveness. QUOTE "Ö" Ö These
measures should not affect QUOTE "Õ" Õ They should not contravene
other essential requirements concerning buildings such as accessibility,
prudence QUOTE "ð" ð safety QUOTE "ï" ï and the intended
use of the building.
QUOTE "ê" ê 2002/91 recital 10 (adapted)
QUOTE "ð" ð new
(9) The energy performance of buildings should be calculated on the
basis of a methodology, which may be differentiated at QUOTE "Ö" Ö
national and QUOTE "Õ" Õ regional level, QUOTE "Ö" Ö
and QUOTE "Õ" Õ that includes, in addition to thermal QUOTE
"Ö" Ö characteristics QUOTE "Õ" Õ insulation, other factors
that play an increasingly important role such as heating and
air-conditioning installations, application of renewable energy sources,
QUOTE "Ö" Ö passive heating and cooling elements, shading, indoor
air-quality, adequate natural light QUOTE "Õ" Õ and design of the
building. QUOTE "Ö" Ö The methodology for calculating energy
performance should not only be based on the season where heating is
required, but should cover the annual energy performance of a
building. QUOTE "Õ" Õ
QUOTE "ê" ê 2002/91 recital 22 (adapted)
QUOTE "ð" ð new
(10) QUOTE "Ö" Ö Member States should set minimum requirements
for the energy performance of buildings. The requirements should be set
with a view to achieving the cost-optimal balance between the
investments involved and the energy costs saved throughout the
life-cycle of the building QUOTE "Õ" Õ Provision should be made
for the possibility of rapidly adapting the methodology of calculation
and of Member States QUOTE "Ö" Ö to QUOTE "Õ" Õ regularly
reviewing QUOTE "Ö" Ö their QUOTE "Õ" Õ minimum QUOTE
"Ö" Ö energy performance QUOTE "Õ" Õ requirements QUOTE
"Ö" Ö for QUOTE "Õ" Õ in the field of energy performance of
buildings with regard to technical progress, inter alia, as concerns the
insulation properties (or quality) of the construction material, and to
future developments in standardisation.
QUOTE "ò" ò new
(11) This Directive is without prejudice to Articles 87 and 88 of the
Treaty. Therefore the notion of incentive used in this Directive should
not be interpreted as including state aid.
QUOTE "ò" ò new
(12) The Commission should lay down a comparative methodology for
calculating cost-optimal levels of minimum energy performance
requirements. Member States should use this comparative methodology to
compare the results with the minimum energy performance requirements
which they have adopted. The results of this comparison and the data
used to reach these results should be regularly reported to the
Commission. These reports should enable the Commission to assess the
progress of Member States in reaching cost-optimal levels of minimum
energy performance requirements and to report on it. After a
transitional period Member States should use this comparative
methodology when they review their minimum energy performance
requirements.
QUOTE "ê" ê 2002/91 recital 12 (adapted)
QUOTE "ð" ð new
(13) Buildings will have an impact on long-term energy consumption and
new buildings should therefore meet minimum energy performance
requirements tailored QUOTE "Ö" Ö adapted QUOTE "Õ" Õ to
the local climate. Best practice should in this respect be geared to the
optimum use of factors relevant to enhancing energy performance. As the
application of alternative energy supply systems is generally not
explored to its full potential, the technical, environmental and
economic feasibility of alternative energy supply systems should be
considered QUOTE "ð" ð , regardless of the size of the building.
QUOTE "ï" ï ; this can be carried out once, by the Member State,
through a study which produces a list of energy conservation measures,
for average local market conditions, meeting cost-effectiveness
criteria. Before construction starts, specific studies may be requested
if the measure, or measures, are deemed feasible.
QUOTE "ê" ê 2002/91 recital 13 (adapted)
QUOTE "ð" ð new
(14) Major renovations of existing buildings, QUOTE "ð" ð
regardless of their size, QUOTE "ï" ï above a certain size
should be regarded as QUOTE "Ö" Ö provide QUOTE "Õ" Õ an
opportunity to take cost-effective measures to enhance energy
performance. Major renovations are cases such as those where the total
cost of the renovation related to the building shell and/or energy
installations such as heating, hot water supply, air-conditioning,
ventilation and lighting is higher than 25 % of the value of the
building, excluding the value of the land upon which the building is
situated, or those where more than 25 % of the building shell undergoes
renovation. QUOTE "ð" ð For reasons of cost-efficiency, it should
be possible to limit the minimum energy performance requirements to the
renovated parts that are most relevant for the energy performance of the
building. QUOTE "ï" ï
QUOTE "ê" ê 2002/91 recital 11
(11) The Commission intendsfurther to develop standards such as EN 832
and prEN 13790, also including consideration of air-conditioning systems
and lighting.
QUOTE "ò" ò new
(15) Measures are needed to increase the number of buildings which not
only fulfill current minimum energy performance requirements, but are
more energy efficient. For this purpose Member States should draw up
national plans for increasing the number of buildings of which both
carbon dioxide emissions and primary energy consumption are low or equal
to zero and regularly report them to the Commission.
QUOTE "ò" ò new
(16) To limit the reporting burden on the Member States it should be
possible to integrate the reports required by this Directive in the
Energy Efficiency Action Plans referred to in Article 14(2) of Directive
2006/32/EC of the European Parliament and of the Council of 5 April 2006
on energy end-use efficiency and energy services and repealing Council
Directive 93/76/EEC. The public sector in each Member State should lead
the way in the field of energy performance of buildings, and therefore
the national plans should set more ambitious targets for the buildings
occupied by public authorities.
QUOTE "ò" ò new
(17) The prospective buyer and tenant of building or parts thereof
should be given correct information about the energy performance of the
building and practical advice about improving it, through the energy
performance certificate. The certificate should also provide information
about the actual impact of heating and cooling on the energy needs of
the building, on its primary energy consumption and on carbon dioxide
emissions.
QUOTE "ê" ê 2002/91 recital 16 (adapted)
QUOTE "ð" ð new
(18) The certification process may be supported by programmes to
facilitate equal access to improved energy performance; based upon
agreements between organisations of stakeholders and a body appointed by
the Member States; carried out by energy service companies which agree
to commit themselves to undertake the identified investments. The
schemes adopted should be supervised and followed up by Member States,
which should also facilitate the use of incentive systems. To the extent
possible, the certificate should describe the actual energy-performance
situation of the building and may be revised accordingly.Public
authority bBuildings QUOTE "Ö" Ö occupied by public authorities
QUOTE "Õ" Õ and buildings frequently visited by the public should
QUOTE "ð" ð provide an opportunity to QUOTE "ï" ï set an
example by QUOTE "Ö" Ö showing QUOTE "Õ" Õ taking
environmental and energy considerations QUOTE "Ö" Ö being taken
QUOTE "Õ" Õ into account and therefore QUOTE "Ö" Ö those
buildings QUOTE "Õ" Õ should be subject to energy certification
on a regular basis. The dissemination to the public of this information
on energy performance should be enhanced by clearly displaying these
energy certificates. Moreover, the displaying of officially recommended
indoor temperatures, together with the actual measured temperature,
should discourage the misuse of heating, air-conditioning and
ventilation systems. This should contribute to avoiding unnecessary use
of energy and to safeguarding comfortable indoor climatic conditions
(thermal comfort) in relation to the outside temperature.
QUOTE "ê" ê 2002/91 recital 18
(19) Recent years have seen a rise in the number of air-conditioning
systems in southern European countries. This creates considerable
problems at peak load times, increasing the cost of electricity and
disrupting the energy balance in those countries. Priority should be
given to strategies which enhance the thermal performance of buildings
during the summer period. To this end there should be further
development of passive cooling techniques, primarily those that improve
indoor climatic conditions and the microclimate around buildings.
QUOTE "ê" ê 2002/91 recital 14
(14) However, the improvement of the overall energy performance of an
existing building does not necessarily mean a total renovation of the
building but could be confined to those parts that are most relevant for
the energy performance of the building and are cost-effective.
QUOTE "ê" ê 2002/91 recital 15 (adapted)
(15) Renovation requirements for existing buildings should not be
incompatible with the intended function, quality or character of the
building. It should be possible to recover additional costs involved in
such renovation within a reasonable period of time in relation to the
expected technical lifetime of the investment by accrued energy savings.
QUOTE "ê" ê 2002/91 recital 17
(17) Member States may also employ other means/ or measures, not
provided for in this Directive, to encourage enhanced energy
performance.Member States should encourage good energy management,
taking into account the intensity of use of buildings.
QUOTE "ê" ê 2002/91 recital 19 (adapted)
QUOTE "ð" ð new
(20) Regular QUOTE "ð" ð inspection QUOTE "ï" ï
maintenance of boilers QUOTE "ð" ð heating QUOTE "ï" ï and
of air-conditioning systems by qualified personnel contributes to
maintaining their correct adjustment in accordance with the product
specification and in that way will ensure QUOTE "Ö" Ö ensures
QUOTE "Õ" Õ optimal performance from an environmental, safety and
energy point of view. An independent assessment of the total QUOTE
"Ö" Ö entire QUOTE "Õ" Õ heating QUOTE "ð" ð and
air-conditioning QUOTE "ï" ï installation QUOTE "Ö" Ö
system QUOTE "Õ" Õ QUOTE "ð" ð should occur at regular
intervals during the life-cycle thereof, especially before their
replacement or retrofitting. QUOTE "ï" ï is appropriate whenever
replacement could be considered on the basis of cost-effectiveness.
QUOTE "ê" ê 2002/91 recital 20
(20) The billing, to occupants of buildings, of the costs of heating,
air-conditioning and hot water, calculated in proportion to actual
consumption, could contribute towards energy saving in the residential
sector. Occupants should be enabled to regulate their own consumption of
heat and hot water, in so far as such measures are cost effective
QUOTE "ê" ê 2002/91 recital 10 (adapted)
QUOTE "ð" ð new
(21) A common approach to this process QUOTE "Ö" Ö energy
performance certification of buildings and to the inspection of heating
and air-conditioning systems QUOTE "Õ" Õ , carried out by
qualified and/or accredited experts, whose independence is to be
guaranteed on the basis of objective criteria, will contribute to a
level playing field as regards efforts made in Member States to energy
saving in the buildings sector and will introduce transparency for
prospective owners or users with regard to the energy performance in the
Community property market. QUOTE "ð" ð In order to guarantee the
quality of energy performance certificates and of the inspection of
heating and air-conditioning systems throughout the Community, an
independent control mechanism should be established in each Member
State. QUOTE "ï" ï
QUOTE "ê" ê 2002/91 recital 23
(22) The measures necessary for the implementation of this Directive
should be adopted in accordance with Council Decision 1999/468/EC of 28
June 1999 laying down the procedures for the exercise of implementing
powers conferred on the Commission.
QUOTE "ò" ò new
(23) Power should in particular be conferred on the Commission to adapt
certain parts of the general framework set out in Annex I to technical
progress, to establish a methodologies for calculating cost-optimal
levels of minimum energy performance requirements and to establish
common principles for defining buildings of which both carbon dioxide
emissions and primary energy consumption are low or equal to zero. Since
those measures are of general scope and are designed to amend
non-essential elements of this Directive, they must be adopted in
accordance with the regulatory procedure with scrutiny provided for in
Article 5a of Decision 1999/468/EC.
QUOTE "ê" ê 2002/91 recital 21 (adapted)
QUOTE "ð" ð new
(24) QUOTE "ð" ð Since the objectives of enhancing the energy
performance of buildings cannot be sufficiently achieved by the Member
States due to the complexity of the buildings sector, and the inability
of the national housing markets to adequately address the challenges of
energy efficiency, and canby the reason of the scale and the effects of
the action be better achieved at Community level, the Community may
adopt measures, QUOTE "ï" ï in accordance with the principles of
subsidiarity and proportionality as set out in Article 5 of the Treaty.,
general principles providing for a system of energy performance
requirements and its objectives should be established at Community
level, but the detailed implementation should be left to Member States,
thus allowing each Member State to choose the regime which corresponds
best to its particular situation. QUOTE "Ö" Ö In accordance with
the principles of proportionality, as set out in that Article, QUOTE
"Õ" Õ Tthis Directive confines itself to the minimum required in
order to achieve those objectives and does not go beyond what is
necessary for that purpose QUOTE "Ö" Ö in order to achieve those
objectives QUOTE "Õ" Õ .
QUOTE "ò" ò new
(25) The obligation to transpose this Directive into national law should
be confined to those provisions which represent a substantive change as
compared with the earlier Directive. The obligation to transpose the
provisions which are unchanged arises under the earlier Directive.
(26) This Directive should be without prejudice to the obligations of
the Member States relating to the time-limits for transposition into
national law and application of the Directive set out in Annex IV, Part
B.
QUOTE "ê" ê 2002/91 (adapted)
QUOTE "ð" ð new
HAVE ADOPTED THIS DIRECTIVE:
Article 1
Objective QUOTE "Ö" Ö Subject matter QUOTE "Õ" Õ
The objective of tThis Directive is to promote QUOTE "Ö" Ö
promotes QUOTE "Õ" Õ the improvement of the energy performance
of buildings within the Community, taking into account outdoor climatic
and local conditions, as well as indoor climate requirements and
cost-effectiveness.
This Directive lays down requirements as regards:
(a) the general framework for a methodology of calculation of the
integrated energy performance of buildings QUOTE "Ö" Ö and parts
thereof QUOTE "Õ" Õ ;
(b) the application of minimum requirements on the energy performance of
new buildings QUOTE "Ö" Ö and parts thereof QUOTE "Õ" Õ ;
(c) the application of minimum requirements on the energy performance of
large existing buildings QUOTE "Ö" Ö and parts thereof QUOTE
"Õ" Õ that are subject to major renovation;
QUOTE "ò" ò new
(d) national plans for increasing the number of buildings of which both
carbon dioxide emissions and primary energy consumption are low or equal
zero;
QUOTE "ê" ê 2002/91 (adapted)
QUOTE "ð" ð new
(d)(e) energy certification of buildings QUOTE "Ö" Ö or parts
thereof QUOTE "Õ" Õ ; and
(e)(f) regular inspection of boilers QUOTE "ð" ð heating QUOTE
"ï" ï and ofair-conditioning systems in buildings and in addition an
assessment of the heating installation in which the boilers are more
than 15 years old.;
QUOTE "ò" ò new
(g) independent control systems for energy performance certificates and
inspection reports.
QUOTE "ê" ê 2002/91 (adapted)
QUOTE "ð" ð new
Article 2
Definitions
For the purpose of this Directive, the following definitions shall
apply:
(1) "building": QUOTE "Ö" Ö means QUOTE "Õ" Õ a roofed
construction having walls, for which energy is used to condition the
indoor climate; a building may refer to the building as a whole or parts
thereof that have been designed or altered to be used seperately;
QUOTE "ò" ò new
(2) "technical building system" means technical equipment for heating,
cooling, ventilation, hot water, lighting and electricity production or
for a combination of those;
QUOTE "ê" ê 2002/91 (adapted)
QUOTE "ð" ð new
(2)(3) "energy performance of a building": QUOTE "Ö" Ö means
QUOTE "Õ" Õ the QUOTE "ð" ð calculated or measured QUOTE
"ï" ï amount of energy actually consumed QUOTE "ð" ð needed
QUOTE "ï" ï or estimatedto meet the different needs QUOTE "ð"
ð energy demand QUOTE "ï" ï associated with a standardised
QUOTE "Ö" Ö typical QUOTE "Õ" Õ use of the building, which
may QUOTE "Ö" Ö includes QUOTE "Õ" Õ include inter alia
QUOTE "Ö" Ö energy used for QUOTE "Õ" Õ heating, hot water
heating, cooling, ventilation and lighting;
QUOTE "ò" ò new
(4) "primary energy": means renewable and non-renewable energy which has
not undergone any conversion or transformation process;
(5) "building envelope" means elements of a building which separate its
interior from the outdoor environment, including the windows, walls,
foundation, basement slab, ceiling, roof, and insulation;
(6) "major renovation": means the renovation of a building where
(a) the total cost of the renovation related to the building envelope or
the technical building systems is higher than 25 % of the value of the
building, excluding the value of the land upon which the building is
situated, or
(b) more than 25 % of the surface of the building envelope undergoes
renovation;
(7) "European standard": means a standard adopted by the European
Committee for Standardisation, the European Committee for
Electrotechnical Standardisation or the European Telecommunications
Standards Institute and made available for public use;
QUOTE "ê" ê 2002/91 (adapted)
QUOTE "ð" ð new
(3)(8) "energy performance certificate of a building": QUOTE "Ö" Ö
means QUOTE "Õ" Õ a certificate recognised by the Member State
or a legal person designated by it, which includes QUOTE "Ö" Ö
indicates QUOTE "Õ" Õ the energy performance of a building
QUOTE "Ö" Ö or parts thereof, QUOTE "Õ" Õ calculated
according to a methodology based on the general framework set out in the
Annex QUOTE "Ö" Ö adopted in accordance with Article 3 QUOTE
"Õ" Õ ;
QUOTE "ê" ê 2002/91
(4) "CHP" the simultaneous conversion of primary fuels into mechanical
or electrical and thermal energy, meeting certain quality criteria of
energy efficiency;
QUOTE "ò" ò new
(9) "cogeneration" means simultaneous generation in one process of
thermal energy and electrical and/or mechanical energy;
(10) "cost-optimal level" means the lowest level of costs during the
life-cycle of a building, which are determined taking into account
investment costs, maintenance and operating costs (including energy
costs), earnings from energy produced, where applicable, and disposal
costs, where applicable;
QUOTE "ê" ê 2002/91 (adapted)
QUOTE "ð" ð new
(5)(11) "air-conditioning system": QUOTE "Ö" Ö means QUOTE
"Õ" Õ a combination of all QUOTE "Ö" Ö the QUOTE "Õ" Õ
components required to provide a form of QUOTE "ð" ð indoor
QUOTE "ï" ï air treatment QUOTE "Ö" Ö , including
ventilation QUOTE "Õ" Õ in which temperature is controlled or can
be lowered, possibly in combination with the control of ventilation,
humidity and air cleanliness;
(6)(12) "boiler": QUOTE "Ö" Ö means QUOTE "Õ" Õ the
combined boiler body and-burner –unit, designed to transmit to water
QUOTE "ð" ð a fluid QUOTE "ï" ï the heat released from
combustion QUOTE "Ö" Ö burning QUOTE "Õ" Õ ;
(7)(13) "effective rated output"(expressed in kW): QUOTE "Ö" Ö
means QUOTE "Õ" Õ the maximum calorific output QUOTE "Ö" Ö
, expressed in kW, QUOTE "Õ" Õ specified and guaranteed by the
manufacturer as being deliverable during continuous operation while
complying with the useful efficiency indicated by the manufacturer;
(8)(14) "heat pump": QUOTE "Ö" Ö means QUOTE "Õ" Õ a
device or installation that extracts heat at low temperature from air,
water or earth and supplies the heat to the building.
Article 3
Adoption of a methodology QUOTE "Ö" Ö of calculation of the
energy performance of buildings QUOTE "Õ" Õ
QUOTE "ê" ê PE-CO_S 3654/08 (2002/91 adapted) (adapted)
Member States shall apply a methodology, at national or regional level,
of calculation of the energy performance of buildings on the basis of
QUOTE "Ö" Ö in accordance with QUOTE "Õ" Õ the general
framework set out in the Annex I 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).
QUOTE "ê" ê 2002/91 (adapted)
QUOTE "ð" ð new
This methodology shall be set QUOTE "Ö" Ö adopted QUOTE "Õ"
Õ at national or regional level.
The energy performance of a building shall be expressed in a transparent
manner and may include a CO2 indicator.
QUOTE "ê" ê 2002/91 (adapted)
QUOTE "ð" ð new
Article 4
Setting of QUOTE "Ö" Ö minimum QUOTE "Õ" Õ energy
performance requirements
1. Member States shall take the necessary measures to ensure that
minimum energy performance requirements for buildings are set, QUOTE
"ð" ð with a view to achieving cost-optimal levels and QUOTE
"ï" ï based on QUOTE "Ö" Ö are calculated in accordance with
QUOTE "Õ" Õ the methodology referred to in Article 3.
When setting requirements, Member States may differentiate between new
and existing buildings and QUOTE "Ö" Ö between QUOTE "Õ" Õ
different categories of buildings.
These requirements shall take account of general indoor climate
conditions, in order to avoid possible negative effects such as
inadequate ventilation, as well as local conditions and the designated
function and the age of the building.
These requirements shall be reviewed at regular intervals which should
QUOTE "Ö" Ö shall QUOTE "Õ" Õ not be longer than five years
and, if necessary, QUOTE "Ö" Ö shall be QUOTE "Õ" Õ
updated in order to reflect technical progress in the building sector.
2. The energy performance requirements shall be applied in accordance
with Articles 5 and 6.
3.2. Member States may decide not to set or apply the requirements
referred to in paragraph 1 for the following categories of buildings:
(a) buildings and monuments officially protected as part of a
designated environment or because of their special architectural or
historic merit, where compliance with the QUOTE "Ö" Ö minimum
energy performance QUOTE "Õ" Õ requirements would unacceptably
alter their character or appearance,;
(b) buildings used as places of worship and for religious activities,;
(c) temporary buildings with a planned time of use of two years or less,
industrial sites, workshops and non-residential agricultural buildings
with low energy demand and non-residential agricultural buildings which
are in use by a sector covered by a national sectoral agreement on
energy performance,;
(d) residential buildings which are intended to be used less than four
months of the year,;
(e) stand-alone buildings with a total useful floor area of less than 50
m2.
QUOTE "ò" ò new
3. As from 30 June 2014 Member States shall not provide incentives for
the construction or renovation of buildings or parts thereof which do
not comply with minimum energy performance requirements achieving the
results of the calculation referred to in Article 5(2).
4. As from 30 June 2017, where Member States review their minimum energy
performance requirements set in accordance with paragraph 1 of this
Article they shall ensure that these requirements achieve the results of
the calculation referred to in Article 5(2).
QUOTE "ò" ò new
Article 5
Calculation of cost-optimal levels of minimum energy performance
requirements
1. The Commission shall establish by 31 December 2010 a comparative
methodology for calculating cost-optimal levels of minimum energy
performance requirements for buildings or parts thereof. The comparative
methodology shall differentiate between new and existing buildings and
between different categories of buildings.
Those measures designed to amend non-essential elements of this
Directive by supplementing it shall be adopted in accordance with the
procedure referred to in Article 19(2).
2. Member States shall calculate cost-optimal levels of minimum energy
performance requirements using the comparative methodology established
in accordance with paragraph 1 and relevant parameters, such as climatic
conditions, and compare the results of this calculation to the minimum
energy performance requirements which they have laid down.
They shall report to the Commission all input data and assumptions used
for these calculations and all calculation results. The report may be
included in the Energy Efficiency Action Plans referred to in Article
21(2) of Directive 2006/32/EC. Member States shall submit to the
Commission those reports every three years. The first report shall be
submitted by 30 June 2011 at the latest.
3. The Commission shall publish a report on the progress of the Member
States in reaching cost-optimal levels of minimum energy performance
requirements.
QUOTE "ê" ê 2002/91 (adapted)
Article 56
New buildings
1. Member States shall take the necessary measures to ensure that new
buildings meet the minimum energy performance requirements referred to
in QUOTE "Ö" Ö set in accordance with QUOTE "Õ" Õ Article
4.
For new buildings with a total useful floor area over 1000 m2, Member
States shall ensure that, QUOTE "Ö" Ö before construction
starts, QUOTE "Õ" Õ the technical, environmental and economic
feasibility of QUOTE "Ö" Ö the following QUOTE "Õ" Õ
alternative systems QUOTE "Ö" Ö is considered and taken into
account QUOTE "Õ" Õ such as:
(a) decentralised energy supply systems based on renewable energy,;
(b) CHP, QUOTE "Ö" Ö cogeneration QUOTE "Õ" Õ ;
(c) district or block heating or cooling, if available, ;
(d) heat pumps,. under certain conditions,
is considered and is taken into account before construction starts.
QUOTE "ò" ò new
2. Member States shall ensure that the analysis of alternative systems
referred to in paragraph 1 is documented in a transparent manner in the
application for the building permit or for the final approval of
construction works of the building.
QUOTE "ê" ê 2002/91 (adapted)
Article 67
Existing buildings
Member States shall take the necessary measures to ensure that when
buildings with a total useful floor area over 1000 m2 undergo major
renovation, their energy performance is upgraded in order to meet
minimum QUOTE "Ö" Ö energy performance QUOTE "Õ" Õ
requirements in so far as this is technically, functionally and
economically feasible. Member States shall derive QUOTE "Ö" Ö
determine QUOTE "Õ" Õ these minimum energy performance
requirements on the basis of the energy performance requirements set for
buildings in accordance with Article 4. The requirements may be set
either for the renovated building as a whole or for the renovated
systems or components when these are part of a renovation to be carried
out within a limited time period, with the abovementioned objective of
improving the overall energy performance of the building QUOTE "Ö"
Ö or parts thereof QUOTE "Õ" Õ .
QUOTE "ò" ò new
Article 8
Technical building systems
1. Member States shall set minimum energy performance requirements in
respect of technical building systems which are installed in buildings.
Requirements shall be set for new, replacement and retrofit of technical
building systems and parts thereof.
The requirements shall in particular cover the following components:
(a) boilers or other heat generators of heating systems;
(b) water heaters in hot water systems;
(c) central air conditioning unit or cold generator in air-conditioning
systems.
2. The minimum energy performance requirements set in accordance with
paragraph 1 shall be consistent with the legislation applicable to the
product(s) which compose the system and be based on proper installation
of the product(s) and appropriate adjustment and control of the
technical building system. In particular, those requirements shall
ensure that a proper hydraulic balance of hydraulic wet heating systems
is achieved and that the appropriate size and type of the product(s)
have been used for the installation having regard to the intended use of
the technical building system.
Article 9
Buildings of which both carbon dioxide emissions and primary energy
consumption are low or equal to zero
1. Member States shall draw up national plans for increasing the number
of buildings of which both carbon dioxide emissions and primary energy
consumption are low or equal to zero. They shall set targets for the
minimum percentage which those buildings in 2020 shall constitute of the
total number of buildings and represent in relation to the total useful
floor area.
Separate targets shall be set for:
(a) new and refurbished residential buildings;
(b) new and refurbished non-residential buildings;
(c) buildings occupied by public authorities.
Member States shall set the targets referred to in point (c) taking into
account the leading role which public authorities should play in the
field of energy performance of buildings.
2. The national plan referred to in paragraph 1 shall include inter alia
the following elements:
(a) the Member State's definition of buildings of which both carbon
dioxide emissions and primary energy consumption are low or equal to
zero;
(b) intermediate targets expressed as a percentage which those buildings
shall constitute of the total number of buildings and represent in
relation to the total useful floor area in 2015;
(c) information on the measures undertaken for the promotion of those
buildings.
3. Member States shall communicate the national plans referred to in
paragraph 1 to the Commission by 30 June 2011 at the latest and report
to the Commission every three years on the progress in implementing
their national plans. The national plans and progress reports may be
included in the Energy Efficiency Action Plans referred to in Article
14(2) of Directive 2006/32/EC.
4. The Commission shall establish common principles for defining
buildings of which both carbon dioxide emissions and primary energy
consumption are low or equal to zero.
Those measures designed to amend non-essential elements of this
Directive by supplementing it shall be adopted in accordance with the
procedure referred to in Article 21(2).
5. The Commission shall publish a report on the progress of Member
States in increasing the number of buildings of which both carbon
dioxide emissions and primary energy consumption are low or equal to
zero. On the basis of this report the Commission shall develop a
strategy, and, if necessary, propose measures to increase the number of
those buildings.
QUOTE "ê" ê 2002/91 (adapted)
QUOTE "ð" ð new
Article 710
Energy QUOTE "Ö" Ö Energy QUOTE "Õ" Õ performance
certificate QUOTE "Ö" Ö certificates QUOTE "Õ" Õ
2.1. QUOTE "ð" ð Member States shall lay down the necessary
measures to establish a system of certification of the energy
performance of buildings. QUOTE "ï" ï The energy performance
certificate for buildings shall include QUOTE "Ö" Ö the energy
performance of a building and QUOTE "Õ" Õ reference values such as
current legal standards and benchmarks QUOTE "ð" ð minimum energy
performance requirements QUOTE "ï" ï in order to make it possible
for QUOTE "Ö" Ö owners or tenants of the building or parts
thereof QUOTE "Õ" Õ consumers to compare and assess the QUOTE
"Ö" Ö its QUOTE "Õ" Õ energy performance of the building.
2. The certificate shall be accompanied by QUOTE "Ö" Ö include
QUOTE "Õ" Õ recommendations for the cost-effective improvement of
the energy performance QUOTE "Ö" Ö of a building or parts
thereof QUOTE "Õ" Õ .
The recommendations included in the energy performance certificate shall
cover:
(a) measures carried out in connection with a major renovation of the
building envelope or technical building system(s); and
b) measures for individual parts or elements of a building independent
of a major renovation of the building envelope or technical building
system(s).
QUOTE "ò" ò new
3. The recommendations included in the energy performance certificate
shall be technically feasible for the specific building and shall
provide transparent information as to their cost-effectiveness. The
evaluation of cost-effectiveness shall be based on a set of standard
conditions, such as on the assessment of energy savings and underlying
energy prices and interest rates for investments necessary to implement
the recommendations.
4. The energy performance certificate shall provide an indication as to
where the owner or tenant can receive more detailed information
regarding the recommendations given in the certificate. In addition, it
shall contain information on the steps to be taken to implement the
recommendations.
QUOTE "ð" ð 5. QUOTE "ï" ï Certification for apartments or
units designed for separate use in QUOTE "ð" ð building QUOTE
"ï" ï blocks may be based:
QUOTE "ð" ð (a) QUOTE "ï" ï on a common certification of
the whole building for blocks with a common heating system or
QUOTE "ð" ð (b) QUOTE "ï" ï on the assessment of another
representative apartment in the same QUOTE "ð" ð building
QUOTE "ï" ï block.
QUOTE "ò" ò new
6. Certification for single-family houses may be based on the assessment
of another representative building of similar design and size with a
similar actual energy performance quality if this correspondence can be
guaranteed by the expert issuing the energy performance certificate.
7. The validity of the QUOTE "ð" ð energy performance QUOTE
"ï" ï certificate shall not exceed 10 years.
QUOTE "ê" ê 2002/91 (adapted)
Article 11
QUOTE "Ö" Ö Issuing of energy performance certificates QUOTE
"Õ" Õ
QUOTE "ò" ò new
1. Member States shall ensure that an energy performance certificate is
issued for buildings or parts thereof which are constructed, sold or
rented out and for buildings where a total useful floor area over 250 m2
is occupied by a public authority.
2. Member States shall ensure QUOTE "ð" ð require QUOTE "ï"
ï that, when buildings QUOTE "ð" ð or parts thereof QUOTE
"ï" ï are constructed, sold or rented out, an energy performance
certificate is made available QUOTE "ð" ð handed over QUOTE
"ï" ï to the owner QUOTE "ð" ð by the independent expert
issuing the certificate and referred to in Article 16 or by the vendor
QUOTE "ï" ï .
QUOTE "ò" ò new
3. Member States shall require that, when buildings or parts thereof are
offered for sale, the numeric energy performance indicator of the energy
performance certificate is stated in all advertisements for sale of the
building or parts thereof, and that the energy performance certificate
is shown to the prospective buyer.
The energy performance certificate shall be handed over by the vendor to
the buyer at the moment of conclusion of the sales contract at the
latest.
4. Member States shall require that, when buildings or parts thereof are
offered for rent, the numeric energy performance indicator of the energy
performance certificate is stated in all advertisements for rent of the
building or parts thereof, and that the energy performance certificate
is shown to the prospective tenant.
The energy performance certificate shall be handed over by the owner to
the tenant at the moment of conclusion of the lease at the latest.
QUOTE "ê" ê 2002/91 (adapted)
QUOTE "ð" ð new
5. Member States may exclude the categories QUOTE "Ö" Ö of
buildings QUOTE "Õ" Õ referred to in Article 4(32) from the
application of this paragraphparagraphs 1, 2, 3 and 4.
The objective of the certificates shall be limited to the provision of
information, and any effects of these certificates in terms of legal
proceedings shall be decided in accordance with national rules.
Article 12
QUOTE "Ö" Ö Display of the energy performance certificates
QUOTE "Õ" Õ
3.1. Member States shall take measures to ensure that for buildings with
QUOTE "Ö" Ö where QUOTE "Õ" Õ a total useful floor area
over 1000 QUOTE "ð" ð 250 QUOTE "ï" ï m2 QUOTE "Ö" Ö
of a building is QUOTE "Õ" Õ occupied by public authorities,and
by institutions providing public services to a large number of persons
and therefore frequently visited by these persons an QUOTE "Ö" Ö
the QUOTE "Õ" Õ energy QUOTE "Ö" Ö performance QUOTE
"Õ" Õ certificate not older than 10 years, is placed QUOTE "Ö"
Ö displayed QUOTE "Õ" Õ in a prominent place clearly visible
to the public.
QUOTE "ò" ò new
2. Member States shall take measures to ensure that where a total useful
floor area over 250 m2 of a building for which an energy performance
certificate has been issued in accordance with Article 11(1) is
frequently visited by the public, the energy performance certificate is
displayed in a prominent place clearly visible to the public.
QUOTE "ê" ê 2002/91 (adapted)
QUOTE "ð" ð new
2. The range of recommended and current indoor temperatures and, when
appropriate, other relevant climatic factors may also be clearly
displayed.
Article 813
Inspection of boilers QUOTE "ð" ð heating systems QUOTE "ï"
ï
With regard to reducing energy consumption and limiting carbon dioxide
emissions,
1. Member States shall either: (a) lay down the necessary measures to
establish a regular inspection of heating systems with boilers fired by
non-renewable liquid or solid fuel of an effective rated output of
QUOTE "Ö" Ö more than QUOTE "Õ" Õ 20 kW to 100 kW. QUOTE
"Ö" Ö The inspection QUOTE "Õ" Õ shall include an assessment
of the boiler efficiency and the boiler sizing compared to the heating
requirements of the building.. Such inspection may also be applied to
boilers using other fuels.
QUOTE "ò" ò new
2. The Member States may set different frequencies of inspections
depending on the type and effective rated output of the boiler of the
heating system. When setting the frequencies Member States shall take
into account the costs of the inspection of the heating system and the
estimated energy cost savings that may result from the inspection.
QUOTE "ê" ê 2002/91
QUOTE "ð" ð new
QUOTE "ð" ð 3. Heating systems with QUOTE "ï" ï Bboilers
of an effective rated output of more than 100 kW shall be inspected at
least every two years.
For gas boilers, this period may be extended to four years.
QUOTE "ò" ò new
For heating installations with boilers of an effective rated output of
more than 20 kW which are older than 15 years, Member States shall lay
down the necessary measures to establish a one-off inspection of the
whole heating installation. On the basis of this inspection, which shall
include an assessment of the boiler efficiency and the boiler sizing
compared to the heating requirements of the building, the experts shall
provide advice to the users on the replacement of the boilers, other
modifications to the heating system and on alternative solutions; or
(b) QUOTE "ð" ð 4. QUOTE "ï" ï QUOTE "ð" ð By
derogation from paragraphs 1, 2 and 3 Member States may decide to
QUOTE "ï" ï take stops QUOTE "ð" ð measures QUOTE "ï" ï
to ensure the provision of advice to the users on the replacement of
boilers, other modifications to the heating system and on alternative
solutions which may includes inspections to assess the efficiency and
appropriate size of the boiler. The overall impact of this approach
should QUOTE "ð" ð shall QUOTE "ï" ï be broadly equivalent
to that arising from the provisions set out in (a) paragraphs 1, 2 and
3.
QUOTE "ð" ð Where QUOTE "ï" ï Member States that choose
this option QUOTE "ð" ð to apply the measures referred to in the
first subparagraph of this paragraph, they QUOTE "ï" ï shall
submit QUOTE "ð" ð to the Commission QUOTE "ï" ï a report
on the equivalence of QUOTE "ð" ð those measures to measures laid
down in paragraphs 1, 2 and 3 by 30 June 2011 at the latest. Member
States shall submit these reports to the Commission every three years.
The reports may be included in the Energy Efficiency Action Plans
referred to in Article 14(2) of Directive 2006/32/EC. QUOTE "ï" ï
their approach to the Commission every two years.
QUOTE "ê" ê 2002/91 (adapted)
QUOTE "ð" ð new
Article 914
Inspection of air-conditioning systems
1. With regard to reducing energy consumption and limiting carbon
dioxide emissions, Member States shall lay down the necessary measures
to establish a regular inspection of air-conditioning systems of an
effective rated output of more than 12 kW. This QUOTE "Ö" Ö The
QUOTE "Õ" Õ inspection shall include an assessment of the
air-conditioning efficiency and the sizing compared to the cooling
requirements of the building. Appropriate advice shall be provided to
the users on possible improvement or replacement of the air-conditioning
system and on alternative solutions.
QUOTE "ò" ò new
2. The Member States may set different frequencies of inspections
depending on the type and effective rated output of the air-conditioning
system. When setting the frequencies Member States shall take into
account the costs of the inspection of the air-conditioning system and
the estimated energy cost savings that may result from the inspection..
QUOTE "ò" ò new
Article 15
Reports on the inspection of heating and air-conditioning systems
1. This Article applies to reports on the inspection of heating and
air-conditioning systems.
2. Inspection report shall be issued at regular intervals for each
system inspected. The inspection report shall include the following:
(a) a comparison of the energy performance of the system inspected with
that of
(i) the best available system feasible; and
(ii) a system of similar type for which all relevant components achieve
the level of energy performance required by the applicable legislation;
(b) recommendations for the cost-effective improvement of the energy
performance of the system of the building or parts thereof.
The recommendations referred to in point (b) shall be specific to the
system and shall provide transparent information as to their
cost-effectiveness. The evaluation of cost-effectiveness shall be based
on a set of standard conditions, such as on the assessment of energy
savings and underlying energy prices and interest rates for investments.
3. The inspection report shall be handed over by the inspector to the
owner or tenant of the building.
QUOTE "ê" ê 2002/91 (adapted)
QUOTE "ð" ð new
Article 10 16
Independent experts
Member States shall ensure that the QUOTE "Ö" Ö energy
performance QUOTE "Õ" Õ certification of buildings, the drafting
of the accompanying recommendations and the inspection of boilers
QUOTE "ð" ð heating systems QUOTE "ï" ï and
air-conditioning systems are carried out in an independent manner by
qualified and/or accredited experts, whether operating as sole traders
QUOTE "Ö" Ö self-employed QUOTE "Õ" Õ or employed by public
QUOTE "Ö" Ö bodies QUOTE "Õ" Õ or private QUOTE "Ö" Ö
enterprises QUOTE "Õ" Õ enterprise bodies.
QUOTE "ò" ò new
Experts shall be accredited taking into account their competence and
their independence.
QUOTE "ò" ò new
Article 17
Independent control system
1. Member States shall ensure that an independent control system for
energy performance certificates and reports on the inspection of heating
and air conditioning systems is established in accordance with Annex II.
2. The Member States may delegate the responsibilities for implementing
the independent control systems.
Where the Member States decide to do so, they shall control that the
independent control systems are implemented in compliance with Annex II.
3. Member States shall require that the energy performance certificates
and the inspection reports mentioned in paragraph 1 are registered or
made available to the competent authorities or bodies to whom
responsibilities for implementing the independent control systems have
been delegated by the competent authorities on request.
QUOTE "ê" ê 2002/91
QUOTE "ð" ð new
Article 1118
Review
The Commission, assisted by the Committee established by Article 1420,
shall evaluate this Directive in the light of experience gained during
its application, and, if necessary, make proposals with respect to,
inter alia:
(a) possible complementary measures referring to the renovations in
buildings with a total useful floor area less than 1000 m2;
QUOTE "ò" ò new
(a) methodologies to rate the energy performance of buildings on the
basis of primary energy use and carbon dioxide emissions;
(b) general incentives for further energy efficiency measures in
buildings.
Article 19
Information
Member States may QUOTE "ð" ð shall QUOTE "ï" ï take the
necessary measures to inform the users QUOTE "ð" ð owners or
tenants QUOTE "ï" ï of QUOTE "ð" ð buildings or parts
thereof QUOTE "ï" ï as to the different methods and practices
that serve to enhance energy performance.
QUOTE "ò" ò new
Member States shall in particular provide information to the owners or
tenants of buildings on energy performance certificates and inspection
reports, their purpose and objectives, on cost-effective ways to improve
the energy performance of the building and on mid- and long-term
financial consequences if no action is taken to improve the energy
performance of the building.
QUOTE "ê" ê 2002/91 (adapted)
QUOTE "ð" ð new
Upon Member States' request, the Commission shall assist Member States
in staging the information campaigns concerned QUOTE "ð" ð for
the purposes of the first and the second paragraphs QUOTE "ï" ï ,
which may be dealt with in Community programmes.
QUOTE "ò" ò new
Article 20
Adaptation of framework QUOTE "ð" ð Annex I to technical
progress QUOTE "ï" ï
Points 1 and 2 of the Annex I shall be reviewed at regular intervals,
which shall not be shorter than two years.
QUOTE "ê" ê PE-CO_S 3654/08 (2002/91 adapted) (adapted)
QUOTE "ð" ð new
QUOTE "Ö" Ö The Commission shall adapt QUOTE "Õ" Õ
Adaptations of points 13 and 24 of the Annex I to this Directive 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 1421(2).
QUOTE "ê" ê PE-CO_S 3654/08 (2002/91 adapted)
Article 1421
Committee procedure
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.
QUOTE "ò" ò new
Article 22
Penalties
Member States shall lay down the rules on penalties applicable to
infringements of the national provisions adopted pursuant to this
Directive and shall take all measures necessary to ensure that they are
implemented. The penalties provided for must be effective, proportionate
and dissuasive. Member States shall communicate those provisions to the
Commission by 31 December 2010 at the latest and shall notify it without
delay of any subsequent amendment affecting them
QUOTE "ê" ê 2002/91 (adapted)
Article 23 15
Transposition
1. Member States shall bring into force the laws, regulations and
administrative provisions necessary to comply with this Directive at the
latest on 4 January 2006. They shall forthwith inform the Commission
thereof.
When Member States adopt these measures, they shall contain a reference
to this Directive or shall be accompanied by such reference on the
occasion of their official publication. Member States shall determine
how such reference is to be made.
2. Member States may, because of lack of qualified and/or accredited
experts, have an additional period of three years to apply fully the
provisions of Articles 7, 8 and 9. When making use of this option,
Member States shall notify the Commission, providing the appropriate
justification together with a time schedule with respect to the further
implementation of this Directive.
QUOTE "ò" ò new
1. Member States shall adopt and publish, by 31 December 2010 at the
latest, the laws, regulations and administrative provisions necessary to
comply with Articles 2 to 17, 19 and 22 and Annexes I and II of this
Directive. They shall forthwith communicate to the Commission the text
of those provisions and a correlation table between those provisions and
this Directive.
They shall apply those provisions as far as Articles 2, 3, 9, 10 to 12,
16, 17, 19 and 22 are concerned, from 31 December 2010 at the latest.
They shall apply those provisions as far as Articles 4 to 8, 13 to 15,
and 17 are concerned, to buildings occupied by the public authorities
from 31 December 2010 at the latest and to other buildings from 31
January 2012 at the latest.
When Member States adopt those provisions, they shall contain a
reference to this Directive or be accompanied by such a reference on the
occasion of their official publication. They shall also include a
statement that references in existing laws, regulations and
administrative provisions to the Directive repealed by this Directive
shall be construed as references to this Directive. Member States shall
determine how such reference is to be made and how that statement is to
be formulated.
2. Member States shall communicate to the Commission the text of the
main provisions of national law which they adopt in the field covered by
this Directive.
Article 24
Repeal
Directive 2002/91/EC, as amended by the Regulation indicated in Annex
III, Part A, is repealed with effect from 1 February 2012, without
prejudice to the obligations of the Member States relating to the
time-limit for transposition into national law and application of the
Directive set out in Annex III, Part B.
References to the repealed Directive shall be construed as references to
this Directive and shall be read in accordance with the correlation
table in Annex IV.
QUOTE "ê" ê 2002/91 (adapted)
QUOTE "ð" ð new
Article 25 16
Entry into force
This Directive shall enter into force on the QUOTE "Ö" Ö
twentieth QUOTE "Õ" Õ day following that of its publication in
the Official Journal of the European Communities.
Article 1726
This Directive is addressed to the Member States.
Done at […].
For the European Parliament
The President
[…]
For the Council
The President
[…]
QUOTE "ê" ê 2002/91
QUOTE "ð" ð new
ANNEX I
General framework for the calculation of energy performance of buildings
( QUOTE "ð" ð referred to in QUOTE "ï" ï Article 3)
QUOTE "ò" ò new
1. The energy performance of a building shall be determined on the basis
of the calculated or actual annual energy that is consumed in order to
meet the different needs associated with its typical use and shall
reflect the heating energy needs and cooling energy needs (energy needed
to avoid over-heating) to maintain the envisaged temperature conditions
of the building.
2. The energy performance of a building shall be expressed in a
transparent manner and shall also include a numeric indicator of carbon
dioxide emissions and primary energy use.
The methodology of calculation of energy performance of buildings should
take into account European standards.
QUOTE "ê" ê 2002/91 (adapted)
QUOTE "ð" ð new
13. The methodology of calculation of energy performances of buildings
shall include QUOTE "Ö" Ö be laid down taking into consideration
QUOTE "Õ" Õ at least the following aspects:
(a) QUOTE "ð" ð the following actual QUOTE "ï" ï thermal
characteristics of the building (shell and QUOTE "ð" ð including
its QUOTE "ï" ï internal partitions, etc.).
QUOTE "ò" ò new
(i) thermal capacity;
(ii) insulation;
(iii) passive heating;
(iv) cooling elements; and
(v) thermal bridges;
QUOTE "ê" ê 2002/91 (adapted)
QUOTE "ð" ð new
These characteristics may also include air-tightness.
(b) heating installation and hot water supply, including their
insulation characteristics;
(c) air-conditioning installation QUOTE "Ö" Ö installations
QUOTE "Õ" Õ ;
(d) QUOTE "Ö" Ö natural and mechanical QUOTE "Õ" Õ
ventilation QUOTE "Ö" Ö , what may include air-tightness
QUOTE "Õ" Õ ;
QUOTE "ê" ê 2002/91 (adapted)
QUOTE "ð" ð new
(e) built-in lighting installation (mainly QUOTE "Ö" Ö in
QUOTE "Õ" Õ the non-residential sector);
(f) QUOTE "ð" ð the design, QUOTE "ï" ï position QUOTE
"Ö" Ö positioning QUOTE "Õ" Õ and orientation of QUOTE
"Ö" Ö the QUOTE "Õ" Õ buildings, including outdoor climate;
(g) passive solar systems and solar protection;
(h) natural ventilation;
(ih) indoor climatic conditions, including the designed indoor climate;
QUOTE "ò" ò new
(i) internal loads.
QUOTE "ê" ê 2002/91 (adapted)
QUOTE "ð" ð new
24. The positive influence of the following aspects shall, where
relevant in this calculation, be taken into account:
(a) QUOTE "ð" ð local solar exposure conditions, QUOTE "ï"
ï active solar systems and other heating and electricity systems based
on renewable energy sources;
(b) electricity produced by CHP QUOTE "Ö" Ö cogeneration QUOTE
"Õ" Õ ;
(c) district or block heating and cooling systems;
(d) natural lighting.
35. For the purpose of this calculation buildings should be adequately
classified into QUOTE "Ö" Ö the following QUOTE "Õ" Õ
categories such as:
(a) single-family houses of different types;
(b) apartment blocks;
(c) offices;
(d) education buildings;
(e) hospitals;
(f) hotels and restaurants;
(g) sports facilities;
(h) wholesale and retail trade services buildings;
(i) other types of energy-consuming buildings.
QUOTE "ò" ò new
ANNEX II
Independent control systems for energy performance certificates and
inspection reports
1. The competent authorities or bodies to whom responsibilities for
implementing the independent control system have been delegated by the
competent authorities shall make a random selection of at least 0.5 % of
all the energy performance certificates issued annually and subject
these to verification.The verification shall be carried out at one of
the three alternative levels indicated below and each verification level
shall be carried out at least for a statistically significant proportion
of the certificates selected:
(a) validity check of input data of the building used to issue the
energy performance certificate and the results stated in the
certificate;
(b) check of the input data and verification of the results of the
certificate, including the recommendations given;
(c) full check of input data of the building used to issue the energy
performance certificate, full verification of the results stated in the
certificate, including the recommendations given, and on-site visit of
the building to check correspondence between specifications given in the
energy performance certificate and the building certified.
2. The competent authorities or bodies to whom responsibilities for
implementing the independent control system have been delegated by the
competent authorities shall make a random selection of at least 0.1 % of
all the inspection reports issued annually and subject these to
verification. The verification shall be carried out at one of the three
alternative levels indicated below and each verification level shall be
carried out at least for a statistically significant proportion of the
inspection reports selected:
(a) validity check of input data of the technical building system
inspected used to issue the inspection report and the results stated in
the inspection report;
(b) check of the input data and verification of the results of the
inspection report including the recommendations given;
(c) full check of input data of the technical building system inspected
used to issue the inspection report, full verification of the results
stated in the inspection report including the recommendations given and
an on-site visit of the building to check correspondence between
specifications given in the inspection report and the technical building
system inspected.
QUOTE "ê" ê 2002/91
QUOTE "ð" ð new
ANNEX III
Part A
Repealed Directive with its successive amendment
(referred to in Article 24)
Directive 2002/91/EC the European Parliament and of the Council
(OJ L 1, 4.1.2003, p. 65)
Regulation […] of the European Parliament and of the Council
(OJ […]) only point 9.9 of the Annex
Part B
Time-limits for transposition into national law and application
(referred to in Article 24)
Directive Time-limit for transposition Date of application
2002/91/EC 4 January 2006 4 January 2009 as regards Articles 7, 8 and 9
only
_____________
ANNEX IV
Correlation Table
Directive 2002/91/EC This Directive
Article 1 Article 1
Article 2, introductory wording Article 2, introductory wording
Article 2, point (1) Article 2, point (1)
- Article 2, point (2)
Article 2, point (2) Article 2, point (3) and Annex I
- Article 2, points (4), (5), (6) and (7)
Article 2, point (3) Article 2, point (8)
Article 2, point (4) Article 2, point (9)
- Article 2, point (10)
Article 2, point (5) Article 2, point (11)
Article 2, point (6) Article 2, point (12)
Article 2, point (7) Article 2, point (13)
Article 2, point (8) Article 2, point (14)
Article 3 Article 19 and Annex I
Article 4, point (1) Article 4, point (1)
Article 4, point (2) -
Article 4, point (3) Article 4, point (2)
- Article 4, point (3)
- Article 4, point (4)
- Article 5
Article 5 Article 6, point (1)
- Article 6, point (2)
Article 6 Article 7
- Article 8
- Article 9
Article 7, point (1) Article 10, point (5), Article 11, point (1), (2),
(3), (5) and (6)
Article 7, point (2) Article 10, point (1) and (2)
Article 7, point (3) Article 12
- Article 11, point (4), (7) and (8)
Article 8, introductory wording Article 13, introductory wording
Article 8, sub (a) Article 13, point (1) and (3)
- Article 13, point (2)
Article 8, sub (b) Article 13, point (4)
Article 9 Article 14, point (1)
- Article 14, point (2)
- Article 15
Article 10 Article 16
- Article 17
Article 11, introductory wording Article 18, introductory wording
Article 11, sub (a) -
- Article 18, sub (a)
Article 11, sub (b) Article 18, sub (b)
Article 12 Article 19
Article 13 Article 20
Article 14, point (1) Article 21, point (1)
Article 14, point (2) Article 21, point (2)
Article 14, point (3) -
- Article 22
Article 15, point (1) Article 23, point (1) and (2)
Article 15, point (2) -
- Article 24
Article 16 Article 25
Article 17 Article 26
Annex Annex I
- Annexes II to IV
LEGISLATIVE FINANCIAL STATEMENT
1. NAME OF THE PROPOSAL:
Proposal for a Directive of the European Parliament and of the Council
on the Energy Performance of Buildings
2. ABM / ABB FRAMEWORK
Policy Area(s) concerned and associated Activity/Activities:
06: Energy and Transport
3. BUDGET LINES
3.1. Budget lines (operational lines and related technical and
administrative assistance lines (ex- B..A lines)) including headings:
06 01 01: Expenditure related to staff in active employment of "Energy
and transport, policy area"
3.2. Duration of the action and of the financial impact:
Start 2010 end: not determinated
3.3. Budgetary characteristics :
Budget line Type of expenditure New EFTA contribution Contributions from
applicant countries Heading in financial perspective
06 01 01 Non-comp Non-diff NO NO NO No 5
4. SUMMARY OF RESOURCES
4.1. Financial Resources
4.1.1. Summary of commitment appropriations (CA) and payment
appropriations (PA)
EUR million (to 3 decimal places)
Expenditure type Section no.
Year n
n + 1
n + 2
n + 3
n + 4 n + 5 and later
Total
Operational expenditure
Commitment Appropriations (CA) 8.1. a
Payment Appropriations (PA)
b
Administrative expenditure within reference amount
Technical & administrative assistance (NDA) 8.2.4. c
TOTAL REFERENCE AMOUNT
Commitment Appropriations
a+c
Payment Appropriations
b+c
Administrative expenditure not included in reference amount
Human resources and associated expenditure (NDA) 8.2.5. d 0,366 0,366
0,366 0,366 0,366 0,366 2,196
Administrative costs, other than human resources and associated costs,
not included in reference amount (NDA) 8.2.6. e
Total indicative financial cost of intervention
TOTAL CA including cost of Human Resources
a+c+d+e 0,366 0,366 0,366 0,366 0,366 0,366 2,196
TOTAL PA including cost of Human Resources
b+c+d+e 0,366 0,366 0,366 0,366 0,366 0,366 2,196
Co-financing details
If the proposal involves co-financing by Member States, or other bodies
(please specify which), an estimate of the level of this co-financing
should be indicated in the table below (additional lines may be added if
different bodies are foreseen for the provision of the co-financing):
EUR million (to 3 decimal places)
Co-financing body
Year n
n + 1
n + 2
n + 3
n + 4 n + 5 and later
Total
…………………… f
TOTAL CA including co-financing a+c+d+e+f 0,366 0,366 0,366 0,366 0,366
0,366 2,196
4.1.2. Compatibility with Financial Programming
X Proposal is compatible with existing financial programming.
( Proposal will entail reprogramming of the relevant heading in the
financial perspective.
( Proposal may require application of the provisions of the
Interinstitutional Agreement (i.e. flexibility instrument or revision of
the financial perspective).
4.1.3. Financial impact on Revenue
X Proposal has no financial implications on revenue
( Proposal has financial impact – the effect on revenue is as follows:
EUR million (to one decimal place)
Prior to
action
[Year n-1]
Situation following action
Budget line Revenue
[Year n] [n+1] [n+2] [n+3] [n+4] [n+5]
a) Revenue in absolute terms
b) Change in revenue (
4.2. Human Resources FTE (including officials, temporary and external
staff) – see detail under point 8.2.1.
Annual requirements
Year n
n + 1
n + 2
n + 3
n + 4
n + 5 and later
Total number of human resources
5. CHARACTERISTICS AND OBJECTIVES
Detailsof the context of the proposal are required in the Explanatory
Memorandum. This section of the Legislative Financial Statement should
include the following specific complementary information:
5.1. Need to be met in the short or long term
The Directive requires the Commission to establish and implement a
methodology for the calculation of the cost-optimal level of minimum
energy performance requirements for buildings. This methodology needs to
be operational by 31 December 2010 at the latest. The Commission also
needs to lay down the principles for defining low or zero energy and
carbon buildings.
The Directive requires Member States to use the abovementioned
methodology and to report on its results every three years, starting on
30 June 2011. Member States are also required to report their national
plans on low or zero energy and carbon buildings which have to be
analysed by the Commission followed by a progress report. Finally,
Member States are required to report on the equivalence of informational
and volunteer measures on heating systems and inspection schemes.
5.2. Value-added of Community involvement and coherence of the proposal
with other financial instruments and possible synergy
The buildings sector is the largest user of energy and CO2 emitter in
the EU and is responsible for about 40% of the EU's total final energy
consumption and CO2 emissions. The sector has significant untapped
potential for cost-effective energy savings which, if realized, would
mean that in 2020 the EU will consume 11% less final energy.
5.3. Objectives, expected results and related indicators of the proposal
in the context of the ABM framework
The objective of the Directive is to save energy and to reduce
greenhouse gas emmission in the buildings sector.
5.4. Method of Implementation (indicative)
Show below the method(s) chosen for the implementation of the action.
( Centralised Management
X directly by the Commission
( indirectly by delegation to:
( executive Agencies
( bodies set up by the Communities as referred to in art. 185 of the
Financial Regulation
X national public-sector bodies/bodies with public-service mission
( Shared or decentralised management
( with Member states
( with Third countries
( Joint management with international organisations (please specify)
Relevant comments:
6. MONITORING AND EVALUATION
6.1. Monitoring system
Standard text
6.2. Evaluation
6.2.1. Ex-ante evaluation
6.2.2. Measures taken following an intermediate/ex-post evaluation
(lessons learned from similar experiences in the past)
6.2.3. Terms and frequency of future evaluation
7. Anti-fraud measures
Standard text
8. DETAILS OF RESOURCES
8.1. Objectives of the proposal in terms of their financial cost
Commitment appropriations in EUR million (to 3 decimal places)
(Headings of Objectives, actions and outputs should be provided) Type of
output Av. cost Year n Year n+1 Year n+2 Year n+3 Year n+4 Year n+5 and
later TOTAL
No. outputs Total cost No. outputs Total cost No. outputs Total cost
No. outputs Total cost No. outputs Total cost No. outputs Total cost No.
outputs Total cost
OPERATIONAL OBJECTIVE No.1 ………
Action 1……………….
- Output 1
- Output 2
Action 2……………….
- Output 1
Sub-total Objective 1
OPERATIONAL OBJECTIVE No.2 1………
Action 1……………….
- Output 1
Sub-total Objective 2
OPERATIONAL OBJECTIVE No.n 1
Sub-total Objective n
TOTAL COST
8.2. Administrative Expenditure
8.2.1. Number and type of human resources
Types of post
Staff to be assigned to management of the action using existing and/or
additional resources (number of posts/FTEs)
Year n Year n+1 Year n+2 Year n+3 Year n+4 Year n+5
Officials AD 3 3 3 3 3 3
B*, C*/AST
Staff financed by art. XX 01 02
Other staff financed by art. XX 01 04/05
TOTAL 3 3 3 3 3 3
8.2.2. Description of tasks deriving from the action
Establish and monitor a methodology for the calculation of the
cost-optimal level of minimum energy performance requirements for
buildings
Follow-up of the implementation of the Directive by the Member States
and report on it. Preparation, organisation and follow-up of the
meetings of the (commitology) committee.
8.2.3. Sources of human resources (statutory)
( Posts currently allocated to the management of the programme to be
replaced or extended
( Posts pre-allocated within the APS/PDB exercise for year n
X Posts to be requested in the next APS/PDB procedure
( Posts to be redeployed using existing resources within the managing
service (internal redeployment)
( Posts required for year n although not foreseen in the APS/PDB
exercise of the year in question
8.2.4. Other Administrative expenditure included in reference amount
(XX 01 04/05 – Expenditure on administrative management)
EUR million (to 3 decimal places)
Budget line
(number and heading) Year n Year n+1 Year n+2 Year n+3 Year n+4 Year n+5
and later TOTAL
1 Technical and administrative assistance (including related staff
costs)
Executive agencies
Other technical and administrative assistance
- intra muros
- extra muros
Total Technical and administrative assistance
8.2.5. Financial cost of human resources and associated costs not
included in the reference amount
EUR million (to 3 decimal places)
Type of human resources Year n Year n+1 Year n+2 Year n+3 Year n+4 Year
n+5
and later
Officials and temporary staff (XX 01 01) 0,366 0,366 0,366 0,366 0,366
0,366
Staff financed by Art XX 01 02 (auxiliary, END, contract staff, etc.)
(specify budget line)
Total cost of Human Resources and associated costs (NOT in reference
amount) 0,366 0,366 0,366 0,366 0,366 0,366
Calculation– Officials and Temporary agents
Calculation– Staff financed under art. XX 01 02
8.2.6. Other administrative expenditure not included in reference amount
EUR million (to 3 decimal places)
Year n Year n+1 Year n+2 Year n+3 Year n+4 Year n+5
and later TOTAL
XX 01 02 11 01 – Missions
XX 01 02 11 02 – Meetings & Conferences
XX 01 02 11 03 – Committees
XX 01 02 11 04 – Studies & consultations
XX 01 02 11 05 - Information systems
2 Total Other Management Expenditure (XX 01 02 11)
3 Other expenditure of an administrative nature (specify including
reference to budget line)
Total Administrative expenditure, other than human resources and
associated costs (NOT included in reference amount)
Calculation - Other administrative expenditure not included in reference
amount
The needs for human and administrative resources shall be covered within
the allocation that can be granted to the managing DG in the framework
of the annual allocation procedure in the light of budgetary
constraints.
OJ L 1, 4.1.2003, p. 65–71
COM (2007) 1
OJ L 191, 22.7.2005, p. 29-58.
OJ L 52, 21.2.2004, p. 50-60.
OJ L 191 , 22.07.2005, p. 29-58.
COM(2008) 30
OJ L 40, 11.2.1989, p.12-26
COM(2008) 397/3
COM/2002/0278 final
OJ C […], […], p. […].
OJ C […], […], p. […].
OJ C […], […], p. […].
OJ L 1, 4.1.2003, p. 65.
See Annex IV, Part A.
COM(2006)545 final.
OJ L 114, 27.4.2006, p. 64.
OJ L 184, 17.7.1999, p.23.
Additional columns should be added if necessary i.e. if the duration of
the action exceeds 6 years
As described under Section 5.3
Reference should be made to the specific legislative financial
statement for the Executive Agency(ies) concerned.
Specify the type of committee and the group to which it belongs.
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