(1)

Directive 2002/91/EC the European Parliament and of the Council of 16 December 2002 on the energy performance of buildings (4) has been amended (5). Since further substantive amendments are to be made, it should be recast in the interests of clarity.

(2)

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.

(3)

As buildings account for 40 % of total energy consumption in the EU, reduction of energy consumption and the use of energy from renewable sources in the buildings sector constitute important ║ measures needed to reduce the EU’s energy dependency and greenhouse gas emissions. Together with an increased use of energy from renewable sources, measures taken to reduce energy consumption in the EU would allow the EU to comply with the Kyoto Protocol to the United Nations Framework Convention on Climate Change (UNFCCC), its long term commitment to maintain the global temperature rise below 2 oC, and its commitment to reduce by 2020, overall greenhouse gas emissions by at least 20 % below 1990 levels, and by 30 % in the event of an international agreement. Reduced energy consumption and an increased use of energy from renewable sources also has an important part to play in promoting security of energy supply, technological developments and in creating opportunities for employment and regional development, in particular in rural areas.

(4)

Management of energy demand 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.

(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 Commission Communication entitled‘Action Plan for Energy Efficiency: Realising the Potential’. That 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, ║ called for the strengthening of provisions of Directive 2002/91/EC, and has called at various times, on the latest occasion in its resolution of 3 February 2009 on the Second Strategic Energy Review (6), for the 20 % energy efficiency target in 2020 to be made binding. Moreover, Decision No 406/2009/EC of the European Parliament and of the Council of 23 April 2009 on the effort of Member States to reduce their greenhouse gas emissions to meet the Community's greenhouse gas emission reduction commitments up to 2020 (7), sets national binding targets for CO2 reduction for which energy efficiency in the building sector will be crucial, and Directive 2009/28/EC of the European Parliament and of the Council of 23 April 2009 on the promotion of the use of energy from renewable sources (8) provides for the promotion of energy efficiency in the context of a binding target for energy from renewable sources accounting for 20 % of total EU energy consumption by 2020.

(6)

The European Council of March 2007 reaffirmed the Community's commitment to the Community-wide development of energy from renewable sources by endorsing a mandatory target of a 20 % share of energy from renewable sources by 2020. Directive 2009/28/EC establishes a common framework for the promotion of energy from renewable sources. It underlines the need to incorporate a factor for energy from renewable sources in meeting minimum energy performance requirements under Directive 2002/91/EC in order to speed up, for use in buildings, the introduction of minimum levels of energy from renewable sources.

(7)

The residential and tertiary sector, the major part of which is buildings, accounts for approximately 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.

(8)

It is necessary to lay down more concrete actions with a view to achieving the great unrealised potential for energy savings in buildings and reducing the large differences between Member States' results in this sector.

(9)

Measures to improve further the energy performance of buildings should take into account climatic and local conditions as well as indoor climate environment and cost-effectiveness. These measures should not affect other requirements concerning buildings such as accessibility, safety and the intended use of the building.

(10)

The energy performance of buildings should be calculated on the basis of a common methodology , with objective variables that take into account regional climatic differences , and that includes, in addition to thermal characteristics, other factors that play an increasingly important role such as heating, cooling and ventilation systems, heat recovery, zone control, application of renewable energy sources, passive heating and cooling elements, shading, indoor air-quality, adequate natural light measurements , insulation and lighting systems, monitoring and control systems and design of the building. The methodology for calculating energy performance should ║ be based not only on the season in which heating is required, but should cover the annual energy performance of a building. That methodology should take into account existing European standards.

(11)

Member States should set minimum requirements for the energy performance of buildings. Those 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. Provision should be made for the possibility for Member States ║ regularly to review ║ minimum energy performance requirements for buildings in the light of technical progress.

(12)

This Directive is without prejudice to Articles 87 and 88 of the Treaty. The term‘incentive’ used in this Directive should not therefore be interpreted as including State aid.

(13)

The Commission should lay down a common methodology for calculating cost-optimal levels of minimum energy performance requirements. This methodology should be consistent with that used in Community legislation applicable to performance requirements for the products, components and technical building systems which comprise the building. Member States should use this common methodology to adopt the minimum energy performance requirements. The results of this calculation and the data used to reach these results should be regularly reported to the Commission. These reports should enable the Commission to assess and report on the progress of Member States in reaching cost-optimal levels of minimum energy performance requirements ║. Member States should apply this methodology when they review and set their minimum energy performance requirements.

(14)

Buildings have a major impact on long-term energy consumption . Given the long renovation cycle for existing buildings, new and existing buildings that are subject to major renovation, should therefore meet minimum energy performance requirements adapted to the local climate. As the application of alternative energy supply systems is ║ not generally explored to its full potential, alternative energy supply systems should be considered for new and existing buildings , regardless of their size, pursuant to the principle of first ensuring that energy needs for heating and cooling are reduced to a minimum cost-optimal level .

(15)

Major renovations of existing buildings, regardless of their size, provide an opportunity to take cost-effective measures to enhance the energy performance of the whole building . Setting requirements for cost-effective measures will ensure that no barriers are created which might discourage major renovations from being undertaken.

(16)

Studies show that the construction sector suffers from inefficiency, which leads to end-user costs that are significantly higher than the optimal costs. Calculations show that the costs for construction could be reduced by as much as 30-35 % through reducing waste in most construction processes and for most products. The inefficiency in the construction sector poses a major threat to the aim and purpose of this Directive, since unjustified high costs for construction and renovation reduce the cost-effectiveness and thereby the energy-effectiveness of the sector. In order to guarantee the proper functioning of this Directive, the Commission should evaluate the functioning of the construction market and report its conclusions and suggestions to the European Parliament and the Council. Member States should strive to ensure transparent pricing in the field of construction and renovation, and in addition take appropriate measures to remove, for new entrants and in particular SMEs, barriers to entry to the market, and to relevant facilities and infrastructure.

(17)

In order to improve the energy efficiency of domestic appliances and of heating and cooling, information technology should be developed and brought into use; the objective being ‘intelligent buildings’.

(18)

Measures are needed to increase the number of buildings which not only fulfil current minimum energy performance requirements, but ensure at least a cost-optimal level of energy performance . For this purpose Member States should draw up national plans for increasing the number of net zero energy buildings ▐ and regularly report such plans to the Commission.

(19)

In order to limit the reporting burden on ║ Member States it should be possible to integrate the reports required by this Directive into 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 ║ (9). 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.

(20)

Member States should be encouraged to take measures additional to those laid down in this Directive to promote the increased energy efficiency of buildings. Such measures may include financial and fiscal incentives to businesses, homeowners and tenants including reduced rates of VAT for renovation services.

(21)

Member States should avoid distortive energy price regulation for consumers which does not provide incentives to make energy savings.

(22)

The prospective buyer and tenant of a building or parts thereof should, through the energy performance certificate, be given correct information about the energy performance of the building and practical advice on improving such performance,. Owners and tenants of commercial buildings should also be obliged to exchange information regarding actual energy consumption, in order to ensure that all the data is available to make informed decisions about necessary improvements. 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. Building owners should have the opportunity to request certification or an updated certificate at any time, not just at the time at which buildings are rented, sold or refurbished.

(23)

Public authorities should lead by example and should implement the recommendations included in the energy performance certificate within its validity period. Member States should include within their national plans measures to support public authorities to become early adopters of energy efficiency improvements and to implement the recommendations included in the energy performance certificate within its validity period. In developing national plans, Member States should consult the representatives of local and regional authorities.

(24)

In accordance with the requirements on the installation of smart meters laid down in Directive 2006/32/EC, owners and tenants should be supplied with accurate real-time information on energy consumption in the buildings that they occupy.

(25)

Buildings occupied by public authorities and buildings frequently visited by the public should set an example by showing environmental and energy considerations being taken into account and therefore those buildings should be subject to energy certification on a regular basis. The dissemination to the public of information on energy performance should be enhanced by clearly displaying these energy certificates. If Member States opt to include energy usage as part of energy certification requirements, a site-based approach should be possible, whereby a collection of buildings in the same vicinity and occupied by the same organisation share energy meters.

(26)

Ensuring mutual recognition of energy performance certificates issued by other Member States is likely to be important for the development of a cross-border market for financial and other services supporting energy efficiency. In order to facilitate this, the Commission should establish common minimum standards for the content and presentation of certificates, and for the accreditation of experts. An energy performance certificate should be available in both the language of the owner and of the tenant, so that recommendations are easily understood.

(27)

Recent years have seen a rise in the number of air-conditioning systems in European countries. This creates considerable problems at peak load times, increasing the cost of electricity and disrupting the energy balance in all Member States. Priority should be given to strategies which enhance the thermic performance of buildings during the summer period. To that end, there should be further development of passive cooling techniques, primarily those that improve indoor climatic conditions and the micro-climate around buildings .

(28)

Regular inspection of heating and air-conditioning systems by qualified personnel contributes to maintaining their correct adjustment in accordance with the product specification and in that way ensures optimal performance from an environmental, safety and energy point of view. An independent assessment of the entire heating and air-conditioning system should occur at regular intervals during its life-cycle ║, in particular before ║ replacement or retrofitting. In order to minimise the administrative burden on building owners and tenants, Member States should ensure that any certification for energy performance includes an inspection of heating and air conditioning systems; and that, as far as possible, inspections of heating and air conditioning systems are carried out at the same time.

(29)

A common approach to the energy performance certification of buildings and to the inspection of heating and air-conditioning systems, carried out by qualified and 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. 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.

(30)

Local and regional authorities are critical for the successful implementation of this Directive. Their representatives should be consulted on every aspect of its implementation at national or regional level. Local planners and building inspectors should receive adequate guidance and resources to carry out the necessary tasks.

(31)

In so far as the access or pursuit of the profession of installer is a regulated profession, the preconditions for the recognition of professional qualifications are laid down in Directive 2005/36/EC of the European Parliament and of the Council of 7 September 2005 on the recognition of professional qualifications (10). This Directive therefore applies without prejudice to Directive 2005/36/EC. While Directive 2005/36/EC lays down requirements for the mutual recognition of professional qualifications, including for architects, there is a further need to ensure that architects and planners properly consider high-efficiency technologies in their plans and designs. Member States should therefore provide clear guidance. This should be done without prejudice to the provisions of Directive 2005/36/EC and in particular Articles 46 and 49 thereof.

(32)

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 (11).

(33)

In particular, the Commission should be empowered to adapt to technical progress certain parts of the general framework set out in Annex I, ║ to establish a common methodology for calculating cost-optimal levels of minimum energy performance requirements and to establish a definition for net zero energy buildings taking into consideration normal regional weather conditions and predicted changes in such weather conditions over time. Since those measures are of general scope and are designed to amend non-essential elements of this Directive, inter alia by supplementing it with new non-essential elements, they must be adopted in accordance with the regulatory procedure with scrutiny provided for in Article 5a of Decision 1999/468/EC.

(34)

As lighting applications currently account for approximately 14 % of the energy used in the EU and as modern state of the art lighting systems can save more than 80 % of energy while maintaining lighting conditions in accordance with European standards, (which is an underexploited contribution to enabling the European Union to achieve the EU 2020 targets), the Commission should take appropriate steps towards the adoption of a Lighting Design Directive in order to complement the measures and aims laid down in this Directive. Higher energy efficiency arising from better lighting design and the use of energy efficient light sources in accordance with the provisions of Directive 2009/…/EC of the European Parliament and of the Council of … [establishing a framework for the setting of eco-design requirements for energy-related products (recast)] (12) is considered to make a significant contribution to better energy performance in buildings.

(35)

Since the objective 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 ║ adequately to address the challenges of energy performance , and can by the reason of the scale and the effects of the action be better achieved at Community level, the Community may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty. In accordance with the principles of proportionality, as set out in that Article, this Directive does not go beyond what is necessary in order to achieve those objectives.

(36)

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.

(37)

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 VI, Part B,

(a)

▐ a methodology for calculation of the integrated energy performance of buildings and parts thereof, of building components and of technical building systems ;

(b)

the application of minimum requirements on the energy performance of new buildings and parts thereof;

(c)

the application of minimum requirements on the energy performance of existing buildings ▐ that are subject to major renovation and of the building components and technical building systems where they are replaced or retrofitted;

(d)

national plans and targets for increasing the number of net zero energy buildings; ▐

(e)

energy certification of buildings or parts thereof;

(f)

regular inspection of heating and air-conditioning systems in buildings;

(g)

independent control systems for energy performance certificates and inspection reports;

(h)

education, training and mutual recognition requirements between Member States for certifiers of the energy performance of buildings and for inspectors of heating and air-conditioning systems;

(i)

national plans for eliminating obstacles under building, tenancy and heritage protection laws and for creating financial incentives.

(1)

‘building’ means a roofed construction having walls, for which energy is used to condition the indoor climate;

(2)

‘new building’ means a building for which the relevant authorisation for construction is obtained after the entry into force of this Directive;

(3)

‘parts of a building’ means apartments or units designated for separate use in building blocks;

(4)

‘net zero energy building’ means a building where, as a result of the very high level of energy efficiency of the building, the overall annual primary energy consumption is equal to or less than the energy production from renewable energy sources on site;

(5)

‘technical building system’ means technical equipment for heating, cooling, ventilation, hot water, lighting and electricity production, measurement, monitoring and control systems, or for a combination thereof;

(6)

‘energy performance of a building’ means the calculated or measured amount of energy needed to meet the primary energy demand associated with a typical use of the building, expressed in kWh/m2 per year, and which includes inter alia energy used for heating, hot water, cooling, ventilation , and built-in lighting, taking into account passive solar gains, sun shading and natural lighting;

(7)

‘primary energy’: means energy from renewable and non-renewable sources which has not undergone any conversion or transformation process;

(8)

‘energy from renewable sources’ means energy from renewable non-fossil sources: wind, solar, geothermal, aerothermal, hydrothermal and ocean energy, hydropower, biomass, landfill gas, sewage treatment plant gas and biogases;

(9)

‘building envelope’ means the integrated elements of a building which separate its interior from the outdoor environment; ▐

(10)

‘building component’ means an individual part of a building which influences the energy performance of the building and is not covered by the technical building system, including windows, shading, exterior doors, walls, foundation, basement slab, ceiling, roof, and insulation systems;

(11)

‘major renovation’: means the renovation of a building where

(12)

‘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;

(13)

‘energy performance certificate’ means a certificate recognised by the Member State or a legal person designated by it, which indicates the energy performance of a building or parts thereof, calculated according to a methodology adopted in accordance with Article 3;

(14)

‘cogeneration’ means simultaneous generation in one process of thermal energy and electrical and/or mechanical energy;

(15)

‘cost-optimal level’ means the level where the cost-benefit analysis calculated over the life-cycle of a building is positive , taking into account at least the net present value of investment ▐ and operating costs (including energy costs), maintenance , earnings from energy produced ▐ and, where applicable, disposal costs ║ ;

(16)

‘air-conditioning system’ means a combination of the components required to provide a form of indoor air treatment, including ventilation;

(17)

‘boiler’ means the combined boiler body-burner unit, designed to transmit to a fluid the heat released from burning;

(18)

‘effective rated output’ means the maximum calorific output, expressed in kW, specified and guaranteed by the manufacturer as being deliverable during continuous operation while complying with the useful efficiency indicated by the manufacturer;

(19)

‘heat pump’ means a machine , a device or installation that transfers heat ▐ from natural surroundings such as air, water or ground to buildings or industrial applications by reversing the natural flow of heat such that it flows from a lower to a higher temperature. The amount of ambient energy captured by heat pumps to be considered renewable energy for the purposes of this Directive shall be that established under Directive 2009/28/EC ;

(20)

‘energy poverty’ means the situation where a household has to spend more than 10 % of its revenue on energy bills in order to heat its home to an acceptable standard based on the levels recommended by the World Health Organisation;

(21)

‘lighting system’ means the combination of components required to provide a certain light level;

(22)

‘district heating or cooling’ means the distribution of thermal energy in the form of steam, hot water or chilled liquids, from a central source of production through a network to multiple buildings, for the use of space or process heating or cooling or for water heating;

(23)

‘lighting design’ means a scheme or drawing detailing the configuration and layout of lighting units including related control equipment.

(a)

buildings officially protected as part of a designated environment or because of their special architectural or historic merit, in so far as compliance with a specific minimum energy performance requirement 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 less than 18 months , 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)

stand-alone buildings with a total useful floor area of less than 50 m2.

—

differentiate between new and existing buildings and between different categories of buildings,

—

reflect the different climatic conditions in different Member States and the likely change in those conditions over the lifetime of the building concerned, and

—

set out common assumptions or calculation methods for energy costs.

(a)

decentralised energy supply systems based on energy from renewable sources ;

(b)

cogeneration;

(c)

district or block heating or cooling, if available, particularly that based entirely or partially on energy from renewable sources ;

(d)

heat pumps ;

(e)

ICT equipment for monitoring and control purposes.

(a)

decentralised energy supply systems based on energy from renewable sources;

(b)

cogeneration;

(c)

district or block heating or cooling, if available, particularly that based entirely or partially on energy from renewable sources;

(d)

heat pumps;

(e)

ICT equipment for monitoring and control purposes.

(a)

boilers, other heat generators or heat exchangers of heating systems , including district or block heating and cooling ;

(b)

water heaters in hot water systems;

(c)

central air conditioning unit or cold generator in air-conditioning systems;

(d)

installed lighting;

(e)

building components.

(a)

new and refurbished residential buildings;

(b)

new and refurbished non-residential buildings;

(c)

buildings occupied by public authorities.

(a)

intermediate targets expressed as a percentage ║ of the total number of buildings and ║ in relation to the total useful floor area for 2015 and 2020 respectively ;

(b)

details of national requirements concerning minimum levels of energy from renewable sources in new buildings and existing buildings undergoing major renovation, as required under Directive 2009/28/EC and Articles 6 and 7 of this Directive;

(c)

a summary of all policies and information on the measures undertaken for the promotion of those buildings;

(d)

national, regional or local programmes to support measures for the promotion of these buildings such as fiscal incentives, financial instruments or reduced VAT.

(a)

in the context of the revision of Regulation (EC) No 1080/2006 of the European Parliament and of the Council of 5 July 2006 on the European Regional Development Fund (14) for the next programming period, a significant increase of the maximum amount of the European Regional Development Fund allocation that may be used to support energy efficiency including district heating and cooling and renewable energy investments in housing and an extension of the eligibility of those projects;

(b)

the use of other Community funds to support research and development, information campaigns or training related to energy efficiency;

(c)

the establishment of an Energy Efficiency Fund, based on contributions from the Community budget, the European Investment Bank and Member States to act as a leverage for increasing private and public investments for projects increasing the energy efficiency of buildings, including renewable energy in buildings or building componentsby 2020. That Fund shall be integrated into the programming of other Community structural assistance. The criteria for its allocation shall be defined according to Council Regulation (EC) No 1083/2006 of 11 July 2006 laying down general provisions on the European Regional Development Fund, the European Social Fund and the Cohesion Fund (15) and it shall be implemented by 2014, at the latest;

(d)

reduced VAT for services and products, including renewable energy in buildings or building components, related to energy efficiency.

(a)

measures carried out in connection with a major renovation of the building envelope , including its insulation systems, or technical building system(s);

b)

measures for individual parts or elements of a building independent of a major renovation of the building envelope , including its insulation systems, or technical building system(s).

(a)

on a common certification of the whole building for blocks with a common heating system or

(b)

on the assessment of the energy performance of that apartment or unit.

(a)

a comparison of the energy performance of the system inspected with that of

(b)

recommendations for the cost-effective improvement of the energy performance of the system of the building or parts thereof.

(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;

(c)

establishment of a Community-wide requirement for existing buildings to be net zero energy buildings.

(a)

support schemes at national, regional and local level for the promotion of energy efficiency and the use of energy from renewable sources in buildings;

(b)

the share of energy from renewable sources used in the buildings sector at national and regional level, including specific information about whether the renewable energy comes from on-site devices, district heating and cooling or cogeneration;

(a)

the latest version of every Energy Efficiency Action Plan referred to in Article 14(2) of Directive 2006/32/EC;

(b)

details of measures currently in place at Community level to improve the energy performance of buildings, including any applicable financial/fiscal instrument, appropriate application or contact details;

(c)

details of national action plans and of national, regional and local measures currently in place in each Member State to improve the energy performance of buildings, including any applicable financial or fiscal instrument, any appropriate application or contact details;

(d)

examples of best practice at national, regional and local level on improving the energy performance of buildings.