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2008/0223(COD)

Energy performance of buildings (repeal. Directive 2002/91/EC). Recast

Procedure completed

2008/0223(COD) Energy performance of buildings (repeal. Directive 2002/91/EC). Recast
RoleCommitteeRapporteurShadows
Lead ITRE ŢICĂU Silvia-Adriana (S&D) SAUDARGAS Algirdas (EPP), HALL Fiona (ALDE), TURMES Claude (Verts/ALE), FORD Vicky (ECR), MATIAS Marisa (GUE/NGL)
Lead ITRE ŢICĂU Silvia-Adriana (PSE)
Opinion JURI
Lead committee dossier: ITRE/7/02680
Legal Basis TFEU TFEU 194-p2
Subjects
Links

Activites

  • 2010/06/18 Final act published in Official Journal
  • 2010/05/19 Final act signed
  • 2010/05/19 End of procedure in Parliament
  • 2010/05/18 Text adopted by Parliament, 2nd reading
    • T7-0159/2010 summary
    • Results of vote in Parliament
  • 2010/05/17 Debate in Parliament
  • 2010/04/28 Committee recommendation tabled for plenary, 2nd reading
  • 2010/04/19 Committee referral announced in Parliament, 2nd reading
  • 2010/04/15 Council statement on its position
  • 2010/04/15 Commission communication on Council's position
    • COM(2010)0165 summary
    • DG Energy, OETTINGER Günther
  • 2010/04/14 Council position
    • 05386/3/2010 summary
  • 2010/04/13 Committee draft report
  • #2983
  • 2009/12/07 Council Meeting
  • #2949
  • 2009/06/11 Council Meeting
  • 2009/05/13 Economic and Social Committee: opinion, report
  • 2009/04/23 Text adopted by Parliament, 1st reading/single reading
    • T6-0278/2009 summary
    • Results of vote in Parliament
  • 2009/04/23 Commission response to text adopted in plenary
  • 2009/04/21 Committee of the Regions: opinion
  • 2009/04/21 Debate in Parliament
  • 2009/04/06 Committee report tabled for plenary, 1st reading/single reading
  • 2009/03/31 Vote in committee, 1st reading/single reading
  • 2009/02/03 Committee draft report
  • 2009/01/15 Committee referral announced in Parliament, 1st reading/single reading
  • 2008/11/17 EP officialisation
  • 2008/11/13 Legislative proposal
    • COM(2008)0780 summary
    • SEC(2008)2864
    • SEC(2008)2865
    • DG Energy, OETTINGER Günther

Documents

Votes

Report: ŢICĂU A6-0254/2009 - Amendment 43

2009/04/23
Position Total ALDE GUE/NGL IND/DEM NI PPE-DE PSE UEN Verts/ALE correctional
For 347 74 32 2 10 13 176 2 38 1
Against 259 1 0 9 6 216 0 27 0 0
Abstain 17 0 0 2 7 0 5 1 0 0

Report: ŢICĂU A6-0254/2009 - Amendment 40/2

2009/04/23
Position Total ALDE GUE/NGL IND/DEM NI PPE-DE PSE UEN Verts/ALE correctional
For 361 73 32 4 15 16 181 3 37 0
Against 250 2 0 6 6 207 0 29 0 0
Abstain 11 0 0 3 2 4 0 0 2 0

Report: ŢICĂU A6-0254/2009 - Amendment 99

2009/04/23
Position Total ALDE GUE/NGL IND/DEM NI PPE-DE PSE UEN Verts/ALE correctional
For 93 1 32 6 1 7 10 0 36 0
Against 526 75 0 6 19 223 168 34 1 0
Abstain 6 0 0 0 3 0 1 0 2 0

Report: ŢICĂU A6-0254/2009 - Amendment 102/1

2009/04/23
Position Total ALDE GUE/NGL IND/DEM NI PPE-DE PSE UEN Verts/ALE correctional
For 329 69 29 4 2 7 178 2 38 0
Against 288 7 0 7 21 221 0 32 0 0
Abstain 6 0 3 1 0 0 0 0 2 0

Report: ŢICĂU A6-0254/2009 - Amendment 102/2

2009/04/23
Position Total ALDE GUE/NGL IND/DEM NI PPE-DE PSE UEN Verts/ALE correctional
For 172 67 28 2 2 7 27 3 36 0
Against 425 7 0 10 19 210 149 28 2 1
Abstain 10 0 3 0 0 2 0 3 0 0

Report: ŢICĂU A6-0254/2009 - Amendment 102/3

2009/04/23
Position Total ALDE GUE/NGL IND/DEM NI PPE-DE PSE UEN Verts/ALE correctional
For 96 1 28 2 1 5 21 2 36 0
Against 516 76 0 10 22 222 156 28 2 0
Abstain 6 0 3 0 0 0 0 1 2 0

Report: ŢICĂU A6-0254/2009 - Amendment 102/4

2009/04/23
Position Total ALDE GUE/NGL IND/DEM NI PPE-DE PSE UEN Verts/ALE correctional
For 327 67 28 5 2 7 179 3 36 0
Against 288 7 0 7 20 223 2 29 0 0
Abstain 8 0 4 0 1 0 0 1 2 0

Report: ŢICĂU A6-0254/2009 - Amendment 95=110=120/1

2009/04/23
Position Total ALDE GUE/NGL IND/DEM NI PPE-DE PSE UEN Verts/ALE correctional
For 592 76 29 4 5 224 181 33 40 1
Against 16 0 3 6 5 2 0 0 0 0
Abstain 16 0 0 2 12 1 0 0 0 0

Report: ŢICĂU A6-0254/2009 - Amendment 95=110=120/2

2009/04/23
Position Total ALDE GUE/NGL IND/DEM NI PPE-DE PSE UEN Verts/ALE correctional
For 494 77 29 2 7 212 136 30 1 0
Against 112 0 3 9 10 13 41 0 36 3
Abstain 14 0 0 1 6 4 1 0 0 0

Report: ŢICĂU A6-0254/2009 - Amendment 103

2009/04/23
Position Total ALDE GUE/NGL IND/DEM NI PPE-DE PSE UEN Verts/ALE correctional
For 330 69 31 5 2 4 179 4 36 0
Against 284 6 0 3 19 224 1 29 2 0
Abstain 9 0 0 4 2 1 0 0 2 0

Report: ŢICĂU A6-0254/2009 - Amendment 104/2

2009/04/23
Position Total ALDE GUE/NGL IND/DEM NI PPE-DE PSE UEN Verts/ALE correctional
For 86 1 31 4 1 11 1 1 36 1
Against 518 72 1 6 22 213 174 30 0 0
Abstain 6 1 0 2 0 1 0 1 0 0

Report: ŢICĂU A6-0254/2009 - amended proposal

2009/04/23
Position Total ALDE GUE/NGL IND/DEM NI PPE-DE PSE UEN Verts/ALE correctional
For 541 77 29 5 4 176 180 31 39 0
Against 55 0 0 6 5 43 0 1 0 0
Abstain 28 0 3 1 13 10 0 0 1 0

Report: ŢICĂU A6-0254/2009 - legislative resolution

2009/04/23
Position Total ALDE GUE/NGL IND/DEM NI PPE-DE PSE UEN Verts/ALE correctional
For 549 75 29 5 5 180 182 33 40 0
Against 51 0 0 7 7 37 0 0 0 0
Abstain 26 0 3 0 11 11 0 0 1 0

History

(these mark the time of scraping, not the official date of the change)

2012-02-09
activities added
  • date
    2008-11-13
    docs
    body
    EC
    commission
    • DG
      Energy
      Commissioner
      OETTINGER Günther
    type
    Legislative proposal
  • body
    EP
    date
    2008-11-17
    type
    EP officialisation
  • date
    2009-01-15
    body
    EP
    type
    Committee referral announced in Parliament, 1st reading/single reading
    committees
  • date
    2009-02-03
    docs
    • url
      http://www.europarl.europa.eu/sides/getDoc.do?type=COMPARL&mode=XML&language=EN&reference=PE418.275
      type
      Committee draft report
      title
      PE418.275
    body
    EP
    type
    Committee draft report
  • date
    2009-03-31
    text
    • The Committee on Industry, Research and Energy adopted the report drawn up by Silvia-Adriana ŢICAU (PES, RO) amending, under the first reading of codecision procedure, the proposal for a directive of the European Parliament and of the Council on the energy performance of buildings (recast).

      The main amendments are as follows:

      Subject matter: the subject matter of the Directive should include a reference to the cost-optimal calculation methodology, as well as to minimum performance requirements for building components and technical building systems, and to their application in new and existing buildings. Targets for net zero energy buildings are an important element of the recast. 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 should be included.

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

      Definitions: the committee inserted definitions for "new building", "parts of a building" "net zero energy building" "energy from renewable sources" "building component", "energy poverty". It amended the definition for "major renovation."

      Adoption of methodology: rather than Member States, the text states that the Commission shall, after consulting the relevant stakeholders and in particular representatives from local, regional and national authorities, establish by 31 March 2010 a common methodology of calculation of the energy performance of buildings, in accordance with the general framework set out in Annex I. The energy performance of buildings shall be expressed in a transparent manner and shall include an indicator for CO2 emissions and for primary energy demand.

      Setting minimum energy performance requirements: as from 30 June 2012 Member States shall only provide incentives for the construction or major renovation of buildings or parts thereof, including building components, the results of which comply at least with minimum energy performance requirements achieving the results of the calculation referred to in the text.

      Calculation of cost-optimal levels of minimum energy performance requirements: a new Annex in inserted listing the principles for a common methodology on calculating cost-optimal levels. This common methodology may refer to relevant European standards and shall, inter alia, set out common assumptions or calculation methods for energy costs.

      Technical building systems: smart meters must be installed in all new buildings and all buildings undergoing a major renovation and whenever a meter is replaced, and shall encourage the installation of active control systems such as automation, control and monitoring systems, where appropriate.

      Net zero energy buildings: this article replaces the article entitled "Buildings of which both carbon dioxide emissions and primary energy consumption are low or equal to zero." The committee stipulates that Members States shall ensure that all new buildings are at least net zero energy buildings by 31 December 2018 at the latest. Member States shall set targets for the minimum percentage of buildings which shall be, by 2015 and by 2020 respectively, net zero energy buildings. The Commission shall establish a detailed common definition of net zero energy buildings by 31 December 2010 at the latest.

      Financial Incentives and Market Barriers: a new clause states that Member States shall, by 30 June 2011, draw up national action plans, including proposed measures, for meeting the requirements laid down in the Directive through reducing existing legal and market barriers and developing existing and new financial and fiscal instruments to increase the energy efficiency of new and existing buildings.

      Member States must compare their financial and fiscal instruments with the instruments listed in a new Annex IIIb and, without prejudice to national legislation, implement at least two measures from that Annex.

      The Commission shall, by 30 June 2010 at the latest, following an impact assessment, bring forward appropriate legislative proposals to strengthen existing and propose additional Community financial instruments to support the implementation of the Directive. These proposals shall consider certain specified measures, including an increase of the maximum amount of the European Regional Development Fund allocation to at least 15% of the total allocation; and the establishment of an Energy Efficiency Fund.

      Energy performance certificate: all building owners should have the right to initiate or revise an EPC at any time, using different experts if they disagree with the recommendations provided

      Public authorities, taking into account the leading role which they should play in the field of energy performance of buildings, shall implement the recommendations included in the energy performance certificate issued for buildings occupied by them within its validity period.

      The committee provided for the mutual recognition of certificates.

      Information: Member States shall ensure that local and regional authorities are involved in the development of programmes to provide information and training and to raise awareness. Suitable guidance and training must also be made available for those responsible for implementing this Directive through planning and enforcement of building standards.

      By 2010, the Commission shall establish a website, which shall contain certain specified information, inter alia, the latest version of every Energy Efficiency Action Plan.

    body
    EP
    committees
    type
    Vote in committee, 1st reading/single reading
  • date
    2009-04-06
    docs
    • url
      http://www.europarl.europa.eu/sides/getDoc.do?type=REPORT&mode=XML&reference=A6-2009-0254&language=EN
      type
      Committee report tabled for plenary, 1st reading/single reading
      title
      A6-0254/2009
    body
    EP
    committees
    type
    Committee report tabled for plenary, 1st reading/single reading
  • date
    2009-04-21
    docs
    • url
      http://coropinions.cor.europa.eu/coropiniondocument.aspx?language=EN&docnr=0008&year=2009
      title
      CDR0008/2009
      type
      Committee of the Regions: opinion
      celexid
      CELEX:52009AR0008:EN
    body
    type
    Committee of the Regions: opinion
  • date
    2009-04-21
    body
    EP
    type
    Debate in Parliament
  • date
    2009-04-23
    docs
    body
    EP
    type
    Text adopted by Parliament, 1st reading/single reading
  • date
    2009-04-23
    docs
    • url
      http://www.europarl.europa.eu/oeil/spdoc.do?i=17130&j=0&l=en
      type
      Commission response to text adopted in plenary
      title
      SP(2009)3507
    body
    EC
    commission
    • DG
      Energy
      Commissioner
      OETTINGER Günther
    type
    Commission response to text adopted in plenary
  • date
    2009-05-13
    docs
    • url
      http://eescopinions.eesc.europa.eu/eescopiniondocument.aspx?language=EN&docnr=0869&year=2009
      title
      CES0869/2009
      type
      Economic and Social Committee: opinion, report
      celexid
      CELEX:52009AE0869:EN
    body
    ESOC
    type
    Economic and Social Committee: opinion, report
  • date
    2009-06-11
    body
    CSL
    type
    Council Meeting
    council
    Transport, Telecommunications and Energy
    meeting_id
    2949
  • body
    CSL
    meeting_id
    2983
    text
    • In a public deliberation, the Council took note of the state of play and procedures concerning the so-called "energy efficiency package", which includes the following three proposals:

      ·        an energy performance of buildings directive;

      ·        an energy labelling directive;

      ·        a regulation on labelling of tyres with respect to fuel efficiency.

      The Council has been working intensively on the proposals and has already adopted the regulation on labelling of tyres and reached an informal agreement with the European Parliament on the two directives. Nevertheless, the entry into force of the Lisbon Treaty requires some adaptations mainly concerning the legal basis and the comitology provisions. Consultations are ongoing between the institutions on these issues.

      The revised legislation on the energy performance of buildings provides in particular for:

      ·        all new buildings must be nearly zero energy buildings by 2020 and for buildings occupied by public authorities by 2018. Member States should draw up national plans to increase the number of "nearly zero energy buildings", whose energy needs should to a very significant extent be covered by energy from renewable sources, including renewable energy produced on-site or nearby;

      ·        the public sector should assume a leading role: public buildings with a total floor area over 500m2 and frequently visited by the public will have to display energy performance certificates visibly. In five years, this threshold will be lowered to 250 m2;

      ·        minimum energy performance requirements for buildings or building units, in order to achieve a "cost-optimal level" (the energy performance level which leads to the lowest cost during the estimated economic life-cycle);

      ·        minimum energy performance requirements when a major renovation is to be carried out in existing buildings or building units;

      ·        regular inspections of heating and air-conditioning systems;

      ·        independent control systems for energy performance certificates and inspection reports.

    council
    Transport, Telecommunications and Energy
    date
    2009-12-07
    type
    Council Meeting
  • date
    2010-04-13
    docs
    • url
      http://www.europarl.europa.eu/sides/getDoc.do?type=COMPARL&mode=XML&language=EN&reference=PE440.179
      type
      Committee draft report
      title
      PE440.179
    body
    EP
    type
    Committee draft report
  • date
    2010-04-14
    docs
    • url
      http://register.consilium.europa.eu/servlet/driver?page=Result&lang=EN&typ=Advanced&cmsid=639&ff_COTE_DOCUMENT=5386%2F10&fc=REGAISEN&srm=25&md=100
      text
      • In its first reading position, the Council has accepted 6 of the European Parliament's amendments in full and 70 in part or in spirit. It has not been able to accept 21 amendments.

        In view of the tight timetable required in order to reach early agreement on this proposal as called for by the European Council, the Council aimed from the start at identifying elements that would be acceptable to both Parliament and Council, rather than drawing up a complete agreed Council position before entering into negotiations with Parliament. In order to make rapid progress while taking into account the date of entry into force of the Treaty on the Functioning of the EU, it was agreed to proceed in two steps:

        a)      reach agreement on the substance of the Directive. Following consultations with the European Parliament this first step was concluded in November 2009. This agreement was confirmed by Coreper on 19 November 2009 and on the level of the European Parliament's Committee on Industry, Research and Energy, by means of a letter of its Chairman, dated 30 November 2009;

        b)     reach agreement on the modifications resulting for the entry into force of the TFEU, concerning notably the adaptation of the legal basis and the comitology provisions. Following consultations with the EP this second step was concluded in March 2010.

        The Council position incorporates the two agreements recalled above. Its main elements are:

        Provisions on financial instruments: a new Article entitled "Financial incentives and market barriers" and new recitals were introduced in order to place much more emphasis on the funding side of the energy efficiency of buildings.

        Nearly zero energy buildings: as was done for other EU legislation in the climate/energy area, a "2020 target" was inserted which prescribes that all new buildings must be nearly zero energy buildings by 31 December 2020, that an intermediate target must be set for 2015, and that buildings occupied and owned by public authorities have to be nearly zero energy buildings after 31 December 2018, in line with the leading role that the public sector should play in this field.

        Furthermore, Member States should develop policies for the transformation of existing buildings into nearly zero energy buildings. The Council could not accept to set binding targets for existing buildings.

        Building elements: in the spirit of Parliament's amendments the scope of the proposal was expanded to include building elements.

        Energy performance certificates (issuing and display): as suggested by the European Parliament, the Council agreed to lower the threshold for the issuing of certificates for public buildings, to lower the threshold for the display of certificates in public buildings, and agreed to re-insert what it had deleted earlier, namely the requirement to display the energy performance indicator in advertisements.

        Comparative methodology framework: the Council could not accept the European Parliament's request for a common methodology framework. On the other hand, it did accept the addition of a new Annex III proposed by Parliament which describes the content of the comparative methodology framework.

        Furthermore, Council agreed to introduce a benchmarking system whereby Member States must justify significant differences between cost-optimal levels of minimum energy performance requirements and minimum energy performance requirements in force.

        Review: the Council accepted the European Parliament's request for a review by the Commission; a compromise date of 1 January 2017 was agreed upon as deadline for this review.

        Information: the Council proposed, in order to address several requests from the European Parliament related to the provision of information, to insert a new Article 20 in order to group together all information provisions.

      type
      Council position published
      title
      05386/3/2010
    body
    CSL
    type
    Council position
  • date
    2010-04-15
    docs
    • url
      http://register.consilium.europa.eu/servlet/driver?page=Result&lang=EN&typ=Advanced&cmsid=639&ff_COTE_DOCUMENT=2461%2F10&fc=REGAISEN&srm=25&md=100
      type
      Council statement on its position
      title
      02461/2010
    body
    CSL
    type
    Council statement on its position
  • date
    2010-04-15
    docs
    • url
      http://eur-lex.europa.eu/smartapi/cgi/sga_doc?smartapi!celexplus!prod!DocNumber&lg=EN&type_doc=COMfinal&an_doc=2010&nu_doc=0165
      text
      • The text of the negotiated Council Position is, in substance, in line with the Commission's proposal and therefore can be supported.

        The negotiated Council Position is the result of inter-institutional negotiations in two stage process. The first stage covered the technical substance of the proposal and the second the adaptation of the proposal to the Treaty on the Functioning of the European Union (TFEU) as regards its legal basis and comitology provisions.

        The main subjects of negotiation on which an agreement was reached are as follows:

        Change of legal basis (preamble): due to the entry into force of the Treaty on the Functioning of the European Union (TFEU), the co-legislators agreed to change the legal basis to Article 194 (2) TFEU. It is added that the Directive sets minimum requirements that do not prevent Member States from maintaining or introducing more stringent measures. The Commission agrees with these changes, which do not modify the applicable decision-making procedure.

        Cost-optimal minimum energy performance requirements and comparative methodology framework: the Commission will develop a comparative methodology for calculating energy performance cost-optimal levels for buildings. Member States will justify any significant gap and present a plan outlining appropriate steps forward.

        Existing buildings: this provision was reinforced by requesting that all existing buildings undergoing major renovation meet energy performance requirements and that energy performance requirements are also set out for building elements.

        Technical building systems: a new provision requires the setting of energy performance requirements for the technical building systems (e.g. heating, hot water, and air conditioning systems).

        Nearly zero energy buildings: a consensus emerged on the definition of 'nearly zero energy buildings' and the need for developing national plans to increase their number. Member States shall ensure that by 31/12/2018 new buildings occupied and owned by a public authority and by 31/12/2020 other new buildings are 'nearly zero energy buildings'.

        Financial incentives and market barriers: this new article was included to highlight the importance of appropriate financing. Member States shall draw up a list of existing and proposed measures and the Commission shall present an analysis of the funds available. A Commission's statement on financing for energy efficiency in buildings indicates its role in supporting the use of financing instruments to achieve an energy-efficient and low carbon European building sector.

        Energy performance certificates: this provision was reinforced by improving the content of the certificates, by reinforcing the obligation to display then certificate in public buildings and by requiring that the performance indicator set on the certificate is indicated in housing advertisements.

        Inspection of heating and air-conditioning systems and Independent experts and control systems: greater flexibility to Member States regarding the inspection of air-conditioning systems was coupled with a requirement to ensure independent control systems for certificates and reports on inspections of heating and air conditioning systems.

        Provisions on delegated and implementing acts: the Directive delegates powers on the Commission to adopt the comparative methodology framework of Article 5 (until 30 June 2011) and to adapt to technical progress (points 3 and 4 of Annex I) for a period of 5 years -automatically renewed- following the entry into force of the Directive. The Parliament and the Council may revoke the delegation of powers at any moment and object to the delegated act within the 2 months following the notification, with the possibility of asking for an extension of 2 additional months.

        A Commission statement concerning the notification of delegated acts during the recess period of the institutions has been included at the request of the Parliament, together with a joint statement of the European Parliament, the Council and the Commission declaring that the provisions of this Directive will not constitute a precedent on their positions on delegated acts.

        The Commission is also requested to adopt an implementing act to establish a voluntary common certification scheme for energy performance of non-residential buildings.

        Review clause: the review clause was made more specific by setting a date to evaluate the Directive (1 January 2017).

        Transposition: the adoption of transposition measures by the Member States was changed to 'two years after the entry into force' of the Directive. The dates of application of national provisions transposing most of Directive's provisions are now 'two years and six months' and 'three years' after the entry into force of the Directive. Additional time (until 31/12/2015) was granted for the application of Article 11(1) and (2) to single rented units.

      title
      COM(2010)0165
      type
      Commission communication on Council's position
      celexid
      CELEX:52010PC0165:EN
    body
    EC
    commission
    • DG
      Energy
      Commissioner
      OETTINGER Günther
    type
    Commission communication on Council's position
  • date
    2010-04-19
    body
    EP
    type
    Committee referral announced in Parliament, 2nd reading
    committees
  • body
    EP
    committees
    docs
    • url
      http://www.europarl.europa.eu/sides/getDoc.do?type=REPORT&mode=XML&reference=A7-2010-0124&language=EN
      type
      Committee recommendation tabled for plenary, 2nd reading
      title
      A7-0124/2010
    text
    • The Committee on Industry, Research and Energy adopted the recommendation for second reading contained in the report by Silvia-Adriana ŢICĂU (S&D, RO) on the Council's position at first reading for adopting a directive of the European Parliament and of the Council on the energy performance of buildings (recast).

      The committee recommends that the European Parliament approve the Council's position.

      To recall, the common position is based on the political agreement reached in November 2009 between the European Parliament and the Council on the technical aspects of the legislative proposal.

    date
    2010-04-28
    type
    Committee recommendation tabled for plenary, 2nd reading
  • date
    2010-05-17
    body
    EP
    type
    Debate in Parliament
  • date
    2010-05-18
    docs
    body
    EP
    type
    Text adopted by Parliament, 2nd reading
  • date
    2010-05-19
    body
    type
    Final act signed
  • date
    2010-05-19
    body
    EP
    type
    End of procedure in Parliament
  • date
    2010-06-18
    text
    • PURPOSE: to recast Directive 2002/91/EC to improve the energy performance of buildings.

      LEGISLATIVE ACT: Directive 2010/31/EU of the European Parliament and of the Council on the energy performance of buildings.

      CONTENT: the aim of this Directive is to clarify, strengthen and extend the scope of Directive 2002/91/EC, as well as to reduce the large differences between Member States' practices in this sector. Its provisions cover energy needs for space and hot water heating, cooling, ventilation and lighting for new and existing, residential and non-residential buildings.

      Buildings account for 40% of total energy consumption in the Union. The sector is expanding, which is bound to increase its energy consumption. Therefore, reduction of energy consumption and the use of energy from renewable sources in the buildings sector constitute important measures needed to reduce the Union's energy dependency and greenhouse gas emissions.

      Subject matter: the Directive promotes the improvement of the energy performance of buildings within the Union, taking into account outdoor climatic and local conditions, as well as indoor climate requirements and cost-effectiveness. It lays down requirements as regards:

      • the common general framework for a methodology for calculating the integrated energy performance of buildings and building units;
      • the application of minimum requirements to the energy performance of new buildings and new building units;
      • the application of minimum requirements to the energy performance of: (i) existing buildings, building units and building elements that are subject to major renovation; (ii) building elements that form part of the building envelope and that have a significant impact on the energy performance of the building envelope when they are retrofitted or replaced; and (iii) technical building systems whenever they are installed, replaced or upgraded;
      • national plans for increasing the number of nearly zero- energy buildings;
      • energy certification of buildings or building units;
      • regular inspection of heating and air-conditioning systems in buildings; and
      • independent control systems for energy performance certificates and inspection reports.

      The requirements laid down are minimum requirements and shall not prevent any Member State from maintaining or introducing more stringent measures, which must be notified to the Commission.

      The main points of this recast Directive are as follows:

      Nearly zero-energy buildings: by 31 December 2020, all new buildings must be nearly zero- energy buildings; and after 31 December 2018, new buildings occupied and owned by public authorities must be nearly zero-energy buildings. Member States must draw up national plans for increasing the number of nearly zero-energy buildings, which may include targets differentiated according to the category of building. 'Nearly zero-energy building' is defined as a building that has a very high energy performance, as determined in accordance with Annex I of the Directive. The nearly zero or very low amount of energy required should be covered to a very significant extent by energy from renewable sources, including energy from renewable sources produced on-site or nearby;

      Leading role for the public sector: 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. An energy performance certificate must be issued for: (a) buildings or building units which are constructed, sold or rented out to a new tenant; and  (b) buildings where a total useful floor area over 500 m 2 is occupied by a public authority and frequently visited by the public. On 9 July 2015, this threshold of 500 m 2 shall be lowered to 250 m 2 .The Directive notes that public authorities should lead by example and should endeavour to implement the recommendations included in the energy performance certificate. 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 as soon as feasible.

      Setting of minimum energy performance requirements: minimum energy performance requirements for buildings or building units must be set with a view to achieving cost-optimal levels. This energy performance shall be calculated in accordance with the methodology referred to in the text. Cost-optimal levels shall be calculated in accordance with the comparative methodology framework once the framework is in place. The Commission should lay down a comparative methodology framework for calculating cost-optimal levels of minimum energy performance requirements. Member States should use this framework to compare the results with the minimum energy performance requirements which they have adopted. Should significant discrepancies, i.e. exceeding 15 %, exist between the calculated cost-optimal levels of minimum energy performance requirements and the minimum energy performance requirements in force, Member States should justify the difference or plan appropriate steps to reduce the discrepancy. The estimated economic lifecycle of a building or building element should be determined by Member States, taking into account current practices and experience in defining typical economic lifecycles. 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 and report on the progress of Member States in reaching cost-optimal levels of minimum energy performance requirements.

      Major renovation: when buildings undergo major renovation, the energy performance of the building or the renovated part thereof must be upgraded in order to meet minimum energy performance requirements set in so far as this is technically, functionally and economically feasible. Those requirements shall be applied to the renovated building or building unit as a whole. Additionally or alternatively, requirements may be applied to the renovated building elements.

      Regular inspections of heating and air-conditioning systems: there must be a regular inspection of the accessible parts of air-conditioning systems of an effective rated output of more than 12 kW. The inspection shall include an assessment of the air-conditioning efficiency and the sizing compared to the cooling requirements of the building. The assessment of the sizing does not have to be repeated as long as no changes were made to this air-conditioning system or as regards the cooling requirements of the building in the meantime. There must also be a regular inspection of the accessible parts of systems used for heating buildings, such as the heat generator, control system and circulation pump(s), with boilers of an effective rated output for space heating purposes of more than 20 kW. That inspection shall include an assessment of the boiler efficiency and the boiler sizing compared with the heating requirements of the building. The assessment of the boiler sizing does not have to be repeated as long as no changes were made to the heating system or as regards the heating requirements of the building in the meantime.

      Independent control systems for energy performance certificates and inspection reports: there must be established independent control systems for energy performance certificates and reports on the inspection of heating and air-conditioning systems in accordance with Annex II. Member States may establish separate systems for the control of energy performance certificates and for the control of reports on the inspection of heating and air-conditioning systems.

      ENTRY INTO FORCE: 08/07/25010.

      TRANSPOSITION: 09/07/2012.

      APPLICATION: certain provisions apply from 09/01/2013 and others from 09/07/2013.

    type
    Final act published in Official Journal
    docs
committees added
  • body
    EP
    shadows
    responsible
    True
    committee
    ITRE
    date
    2009-07-21
    committee_full
    Industry, Research and Energy
    rapporteur
    • group
      S&D
      name
      ŢICĂU Silvia-Adriana
  • body
    EP
    responsible
    True
    committee
    ITRE
    date
    2008-12-02
    committee_full
    Industry, Research and Energy
    rapporteur
    • group
      PSE
      name
      ŢICĂU Silvia-Adriana
  • body
    EP
    responsible
    False
    committee_full
    Legal Affairs
    committee
    JURI
links added
National parliaments
European Commission
other added
  • body
    EC
    dg
    Energy
    commissioner
    OETTINGER Günther
procedure added
dossier_of_the_committee
ITRE/7/02680
reference
2008/0223(COD)
subtype
Recast
legal_basis
  • Treaty on the Functioning of the EU TFEU 194-p2
stage_reached
Procedure completed
instrument
Directive
title
Energy performance of buildings (repeal. Directive 2002/91/EC). Recast
type
COD - Ordinary legislative procedure (ex-codecision)
final
subject