### as an alternative to paragraph 1 , member states may opt to take other measures to achieve energy savings among final customers . the annual amount of energy savings achieved through this approach shall be equivalent to the amount of energy savings required in paragraph 1 . member states opting for this option shall notify to the commission , by 1 january 2013 at the latest , the alternative measures that they plan to adopt , including the rules on penalties referred to in article 9 , and demonstrating how they would achieve the required amount of savings . the commission may refuse such measures or make suggestions for modifications in the 3 months following notification . in such cases , the alternative approach shall not be applied by the member state concerned until the commission expressly accepts the resubmitted or modified draft measures . ### as an alternative to paragraph 1 , member states may opt to take other measures to achieve additional energy savings among final customers . the annual amount of additional energy savings achieved through this approach shall be equivalent to the amount of energy savings required in paragraph 1 . member states opting for this option shall notify to the commission , by 1 january 2013 at the latest , the alternative measures that they plan to adopt , including the rules on penalties referred to in article 9 , and demonstrating how they would achieve the required amount of savings . the commission may refuse such measures or make suggestions for modifications in the 3 months following notification . in such cases , the alternative approach shall not be applied by the member state concerned until the commission expressly accepts the resubmitted or modified draft measures . the commission shall constantly monitor the progress achieved through the alternative measures in the member states . if the savings achieved through these measures do not add up to the amount of energy savings required in paragraph 1 , the commission shall inform the member state and make proposals to improve the measures . if after due consideration these proposals or other measures which the member states and the commission agree on are not implemented by the member state , the commission shall decide to apply the binding measure referred to in paragraph 1 . measures taken under this paragraph shall ensure equal planning reliability as regards the energy saving support systems for all market actors . financial facilities for energy efficiency must be guaranteed independently of annual changes in the budget , in a continuous and long - term way , if appropriate on a diminishing scale .


### in case of heating and cooling , where a building is supplied from a district heating network , a heat meter shall be installed at the building entry . in multi - apartment buildings , individual heat consumption meters shall also be installed to measure the consumption of heat or cooling for each apartment . where the use of individual heat consumption meters is not technically feasible , individual heat cost allocators , in accordance with the specifications in annex vi , shall be used for measuring heat consumption at each radiator . ### member states shall ensure that in buildings with several units , whose units are supplied with heat and domestic hot water from central systems the consumption is measured for each unit ; member states shall introduce rules for the annual consumption - based cost allocation of heat and domestic hot water in these buildings . exceptions are allowed if the installation of measuring devices or the consumption based cost allocation turns out to be technically not feasible , and / or a cost - benefit analysis shows that the costs outweigh the benefits , e . g . in high efficient buildings . the metering of cooling is optional .


### network tariffs shall be available that support dynamic pricing for demand response measures by final customers , including : ### network tariffs should be available that support dynamic pricing for demand response measures by final customers , including :


### directive 2006 / 32 / ec requires member states to adopt and aim to achieve an overall national indicative energy savings target of 9% by 2016 , to be reached by deploying energy services and other energy efficiency improvement measures . that directive states that the second energy efficiency plan adopted by the member states shall be followed , as appropriate and where necessary , by commission proposals for additional measures , including extending the period of application of targets . if a report concludes that insufficient progress has been made towards achieving the indicative national targets laid down by that directive , these proposals are to address the level and nature of the targets . the impact assessment accompanying this directive finds that the member states are on track to achieve the 9% target , which is substantially less ambitious than the subsequently adopted 20% energy saving target for 2020 , and therefore there is no need to address the level of the targets . ### directive 2006 / 32 / ec requires member states to adopt and achieve an overall national indicative energy savings target of 9 % by 2016 , to be reached by deploying energy services and other energy efficiency improvement measures . that directive states the second energy efficiency plan adopted by the member states shall be followed by commission proposals for additional measures . the impact assessment accompanying the directive finds that the member states are on track to achieve the 9 % target , which is substantially less ambitious than the subsequently adopted 20 % energy saving target for 2020 and that therefore there is need to address the level of the individual national targets as quickly as possible .


### member states shall ensure that final customers for electricity , natural gas , district heating or cooling and district - supplied domestic hot water are provided with individual meters that accurately measure and allow to make available their actual energy consumption and provide information on actual time of use , in accordance with annex vi . ### member states shall ensure that final customers for electricity , natural gas , district and / or central heating or cooling and district - supplied and / or central domestic hot water are provided with individual meters that accurately measure , and allow readings to be taken of , their actual energy consumption and provide information on actual time of use , in accordance with annex vi .


### member states shall ensure that enterprises not included in the second subparagraph of paragraph 1 are subject to an energy audit carried out in an independent and cost - effective manner by qualified or accredited experts at the latest by 30 june 2014 and every three years from the date of the previous energy audit . ### member states shall encourage enterprises not included in the second subparagraph of paragraph 1 to undergo an energy audit carried out by qualified or accredited experts and to repeat the process at intervals of no more than five years .


### since the objective of this directive , which is to achieve the union ' s energy efficiency target of 20% primary energy savings by 2020 and pave the way towards further energy efficiency improvements beyond 2020 , is not on track to be achieved by the member states without taking additional energy efficiency measures , and can be better achieved at union level , the union may adopt measures , in accordance with the principle of subsidiary as set out in article 5 of the treaty on european union . in accordance with the principle of proportionality , as set out in that article , this directive does not go beyond what is necessary in order to achieve that objective . ### since the objective of this directive , which is to achieve the union ' s energy efficiency target of 20% primary energy savings by 2020 and pave the way towards further energy efficiency improvements beyond 2020 , is not on track to be achieved by the member states without taking additional energy efficiency measures , and can be better achieved at union level , the union may adopt measures , in accordance with the principle of subsidiarity as set out in article 5 of the treaty on european union . common action at union level in the field of energy efficiency will reduce the costs of energy efficient products and services and increase business opportunities for industries involved in energy efficiency . it is worthwhile to create a common market for energy efficient products and services . the authors of the treaties have explicitly included energy efficiency in the treaties , which creates a duty to act in this field . in accordance with the principle of proportionality , as set out in that article , this directive does not go beyond what is necessary in order to achieve that objective .


### in the implementation of the 20% energy efficiency target , the commission will have to monitor the impact of new measures on directive 2003 / 87 / ec establishing the eu ' s emissions trading directive in order to maintain the incentives in the emissions trading system rewarding low carbon investments and preparing the ets sectors for the innovations needed in the future . ### in the implementation of the 20% energy efficiency target , the commission will have to monitor the impact of new measures on directive 2003 / 87 / ec establishing the eu ' s emissions trading directive , and will conversely also have to factor in the positive impact of the ets on implementing the 20% energy efficiency target .


### an assessment of the possibility of establishing a ' white certificate ' scheme at union level has shown that , in the current situation , such a system would create excessive administrative costs and that there is a risk that energy savings would be concentrated in a number of member states and not introduced across the union . the latter objective can better be achieved , at least at this stage , by means of national energy efficiency obligation schemes or other alternative measures that achieve the same amount of energy savings . the commission should however define , by a delegated act , the conditions under which a member state could in future recognise the energy savings achieved in another member state . it is appropriate for the level of ambition of such schemes to be established in a common framework at union level while providing significant flexibility to member states to take full account of the national organisation of market actors , the specific context of the energy sector and final customers ' habits . the common framework should give energy utilities the option of offering energy services to all final customers , not only to those to whom they sell energy . this increases competition in the energy market because energy utilities can differentiate their product by providing complementary energy services . the common framework should allow member states to include requirements in their national scheme that pursue a social aim , notably in order to ensure that vulnerable customers have access to the benefits of higher energy efficiency . it should also allow member states to exempt small companies from the energy efficiency obligation . the commission communication “small business act” sets out principles that should be taken into account by member states that decide to abstain from applying this possibility . ### an assessment of the possibility of establishing a ' white certificate ' scheme at union level has shown that , in the current situation , such a system would create excessive administrative costs and that there is a risk that energy savings would be concentrated in a number of member states and not introduced across the union . the latter objective can better be achieved , at least at this stage , by means of national energy efficiency obligation schemes or other alternative measures that achieve a similar amount of energy savings . the commission should however define , by a delegated act , the conditions under which a member state could in future recognise the energy savings achieved in another member state . it is appropriate for the level of ambition of such schemes to be established in a common framework at union level while providing significant flexibility to member states to take full account of the national organisation of market actors , the specific context of the energy sector and final customers ' habits . the common framework should give energy utilities the option of offering energy services to all final customers , not only to those to whom they sell energy . this increases competition in the energy market because energy utilities can differentiate their product by providing complementary energy services . the common framework should allow member states to include requirements in their national scheme that pursue a social aim , notably in order to ensure that vulnerable customers have access to the benefits of higher energy efficiency . it should also allow member states to exempt small companies from the energy efficiency obligation . the commission communication “small business act” sets out principles that should be taken into account by member states that decide to abstain from applying this possibility .


### by 1 january 2014 , member states shall establish and notify to the commission a national heating and cooling plan for developing the potential for the application of high - efficiency cogeneration and efficient district heating and cooling , containing the information set out in annex vii . the plans shall be updated and notified to the commission every five years . member states shall ensure by means of their regulatory framework that national heating and cooling plans are taken into account in local and regional development plans , including urban and rural spatial plans , and fulfil the design criteria in annex vii . ### by 31 december 2015 , member states shall carry out and notify to the commission a comprehensive assessment of cogeneration demand for developing the potential for the application of high - efficiency cogeneration and efficient district heating and cooling , containing the information set out in annex vii . if they have already carried out an equivalent assessment , they shall notify it to the commission . the assessment should consider different types of cogeneration on the basis of the specificities of different national demand and consumption patterns . the plans shall be updated and notified to the commission every five years . member states shall ensure that efficient use of energy resources and the development of resource efficient heating and cooling systems are considered in local and regional development planning , including urban and rural spatial plans , and in local and regional energy strategies and planning .


### member states shall ensure that enterprises not included in the second subparagraph of paragraph 1 are subject to an energy audit carried out in an independent and cost - effective manner by qualified or accredited experts at the latest by 30 june 2014 and every three years from the date of the previous energy audit . ### member states shall ensure that enterprises not included in the second subparagraph of paragraph 1 are subject to an energy audit carried out in an independent and cost - effective manner by qualified and / or accredited experts at the latest by 30 june 2014 and every three years from the date of the previous energy audit . audits may be carried out by in - house experts , provided that these are qualified and accredited , that they are not directly engaged in the activity audited , and that the member state has put in place a scheme to assure and check their quality .


### to tap the energy savings potential in certain market segments where energy audits are generally not offered commercially , member states should ensure that energy audits are available . energy audits should be mandatory and regular for large enterprises , as energy savings can be significant . ### to tap the energy savings potential in certain market segments where energy audits are generally not offered commercially , member states should ensure that energy audits are available . member states should be able to create incentives for large enterprises which regularly undergo energy audits also to implement large parts of the resultant recommendations , provided that the ensuing energy savings are substantial and that no direct competitor is damaged .


### member states may exempt small energy distributors and small retail energy sales companies , namely those that distribute or sell less than the equivalent of 75 gwh of energy per year , employ fewer than 10 persons or have an annual turnover or annual balance sheet total that does not exceed eur 2 000 000 , from the application of this article . energy produced for self use shall not count towards these thresholds . ### member states may exempt small energy distributors and small retail energy sales companies , namely those that distribute or sell less than the equivalent of 75 gwh of energy per year , employ fewer than 10 persons or have an annual turnover or annual balance sheet total that does not exceed eur 2 000 000 , from the obligation to offer energy services , provided that such exemption does not result in a distortion of competition and that alternative energy - saving measures are implemented . energy produced for self use shall not fall within the scope of this directive ; nor shall those sectors already subject to the provisions of the emissions trading directive .


### the commission shall establish by 1 january 2013 by means of a delegated act in accordance with article 18 a methodology for the cost - benefit analysis referred to in paragraphs 4 , 7 and 8 . ### methodology for the cost - benefit analysis referred in paragraph 4 , 7 and 8 is presented in annex viii a .


### since the objective of this directive , which is to achieve the union ' s energy efficiency target of 20% primary energy savings by 2020 and pave the way towards further energy efficiency improvements beyond 2020 , is not on track to be achieved by the member states without taking additional energy efficiency measures , and can be better achieved at union level , the union may adopt measures , in accordance with the principle of subsidiarity as set out in article 5 of the treaty on european union . in accordance with the principle of proportionality , as set out in that article , this directive does not go beyond what is necessary in order to achieve that objective . ### since the objective of this directive , which is to achieve the union ' s energy savings target of 20% primary energy savings by 2020 and pave the way towards further energy efficiency improvements and further energy savings beyond 2020 , is not on track to be achieved by the member states without taking additional energy efficiency measures , the eu should be able to make recommendations to the member states as to the best instruments to be used . energy savings can nearly always be achieved at local level , and so in accordance with the principle of subsidiarity as set out in article 5 of the treaty on european union concrete measures should be adopted as close to the citizen as possible . furthermore , traditions as well as climatic , economic and other conditions within the eu and to some extent within the member states vary so much that there is a need for instruments tailored to each case . the eu cannot do justice to this diversity through binding instructions as to the instruments to be used . in accordance with the principle of proportionality , as set out in that article , this directive does not go beyond what is necessary in order to achieve that objective .


### the union is facing unprecedented challenges resulting from increased dependence on energy imports and scarce energy resources , and the need to limit climate change and to overcome the economic crisis . energy efficiency is a valuable means to address these challenges . it improves the union ' s security of supply by reducing primary energy consumption and decreasing energy imports . it helps to reduce greenhouse gas emissions in a cost - effective way and thereby to mitigate climate change . shifting to a more energy - efficient economy should also accelerate the spread of innovative technological solutions and improve the competitiveness of industry in the union , boosting economic growth and creating high quality jobs in several sectors related to energy efficiency . ### the union is facing major challenges arising at least partly from the strong scepticism which is felt towards shale gas , the refusal to import oil products derived from oil sands and the move away from using domestically mined coal and the resultant increased dependence on energy imports from insecure third countries and dwindling energy resources . energy efficiency is one among several valuable means to address these challenges , as it can decouple economic growth and the rise in energy demand . shifting to a more energy - efficient economy should also accelerate the spread of innovative technological solutions without favouring individual producers or suppliers and improve the competitiveness of industry in the union , boosting economic growth and creating high quality jobs in several sectors related to energy efficiency .


### network regulation and tariffs shall allow network operators to offer system services and system tariffs for demand response measures , demand management and distributed generation on organised electricity markets , in particular : ### network regulation and tariffs shall encourage network operators to promote system services and system tariffs for demand response measures , demand management and distributed generation on organized electricity markets , subject to a cost - effectiveness impact per types of targeted customers . systems services include :


### member states may exempt small energy distributors and small retail energy sales companies , namely those that distribute or sell less than the equivalent of 75 gwh of energy per year , employ fewer than 10 persons or have an annual turnover or annual balance sheet total that does not exceed eur 2 000 000 , from the application of this article . energy produced for self use shall not count towards these thresholds . ### member states may exempt small energy distributors and small retail energy sales companies , namely those that distribute or sell less than the equivalent of 200 gwh of energy per year , employ fewer than 50 persons or have an annual turnover or annual balance sheet total that does not exceed eur 8 000 000 , from the application of this article . energy produced for self use shall not count towards these thresholds .


### it lays down rules designed to remove barriers in the energy market and overcome market failures that impede efficiency in the supply and use of energy , and provides for the establishment of national energy efficiency targets for 2020 . ### it lays down rules designed to remove barriers in the energy market and overcome market failures that impede efficiency in the supply and use of energy , and provides for the establishment of indicative national energy efficiency targets for 2020 .


### by 1 january 2014 , member states shall establish and notify to the commission a national heating and cooling plan for developing the potential for the application of high - efficiency cogeneration and efficient district heating and cooling , containing the information set out in annex vii . the plans shall be updated and notified to the commission every five years . member states shall ensure by means of their regulatory framework that national heating and cooling plans are taken into account in local and regional development plans , including urban and rural spatial plans , and fulfil the design criteria in annex vii . ### by 1 january 2014 , member states shall analyse and notify to the commission a comprehensive assessment of the potential for the application of high - efficiency cogeneration . the assessments shall be updated and notified to the commission every five years .


### member states may allow their public bodies to count towards their annual renovation rate the excess of renovated building floor area in a given year as if it has instead been renovated in any of the two previous or following years . ### member states may allow their public bodies to count towards their annual renovation rate the excess of renovated building floor area in a given year as if it has instead been renovated in any of the three previous or following years .


### by 30 june 2014 , the commission shall assess whether the union is likely to achieve its target of 20 % primary energy savings by 2020 , requiring a reduction of eu primary energy consumption of 368 mtoe in 2020 , taking into account the sum of the national targets referred to in paragraph 1 and the evaluation referred to in article 19 . ### by 30 june 2015 , the commission shall assess whether the union is likely to achieve its target of 20 % primary energy savings by 2020 , adjusted in line with economic developments , requiring a reduction of eu energy intensity of not more than 104 mtoe per million euro of gdp at 2005 prices in 2020 , taking into account the sum of the weighted average of the national targets referred to in paragraph 1 and the evaluation referred to in article 19 and primary energy savings achieved through , for example , the ets , the renewable energy directive or the ecodesign directive .


### member states may particularly facilitate the connection to the grid system of electricity produced from high - efficiency cogeneration from small scale and micro cogeneration units . ### member states may particularly facilitate the connection to the grid system of electricity produced from high - efficiency cogeneration from small scale and micro cogeneration units . for micro cogeneration units installed by individual citizens , the relevant authorities shall consider the possibility of replacing authorisations by simple notifications –“install and inform process” - to the competent body .


### member states may exempt small energy distributors and small retail energy sales companies , namely those that distribute or sell less than the equivalent of 75 gwh of energy per year , employ fewer than 10 persons or have an annual turnover or annual balance sheet total that does not exceed eur 2 000 000 , from the application of this article . energy produced for self use shall not count towards these thresholds . ### member states may exempt small energy distributors and small retail energy sales companies , namely those that distribute or sell a quantity of energy less than a nationally established threshold level , from the application of this article . energy produced for self use shall not count towards these thresholds .


### member states shall ensure that enterprises not included in the second subparagraph of paragraph 1 are subject to an energy audit carried out in an independent and cost - effective manner by qualified or accredited experts at the latest by 30 june 2014 and every three years from the date of the previous energy audit . ### member states shall encourage enterprises not included in the second subparagraph of paragraph 1 to carry out energy audits on a regularly basis in an independent and cost - effective manner by qualified or accredited experts . for this purpose member states may include energy audits as part of wider voluntary agreements concluded between organisations of stakeholders and an appointed body and supervised by the member state concerned or by the commission .


### member states shall ensure that enterprises not included in the second subparagraph of paragraph 1 are subject to an energy audit carried out in an independent and cost - effective manner by qualified or accredited experts at the latest by 30 june 2014 and every three years from the date of the previous energy audit . ### member states shall ensure that enterprises not included in the second subparagraph of paragraph 1 are subject to an energy audit carried out in an independent and cost - effective manner by qualified and / or accredited experts at the latest by 30 june 2014 and every three years from the date of the previous energy audit .


### within the energy efficiency obligation scheme , member states may : include requirements with a social aim in the saving obligations they impose , including by requiring measures to be implemented in households affected by energy poverty or in social housing ; permit obligated parties to count towards their obligation certified energy savings achieved by energy service providers or other third parties ; in this case they shall establish an accreditation process that is clear , transparent and open to all market actors , and that aims at minimising the costs of certification ; allow obligated parties to count savings obtained in a given year as if they had instead been obtained in any of the two previous or two following years . ### within the energy efficiency obligation scheme , member states shall include mandatory requirements with a social aim in the saving obligations they impose , including by requiring measures to be implemented in low - income households affected by energy poverty or in social housing ; these measures must be decided in consultation with the public authorities . permit obligated parties to count towards their obligation certified energy savings achieved by energy service providers or other third parties ; in this case they shall ensure that an accreditation process is in place that is clear , transparent and open to all market actors , and that aims at minimising the costs of certification ; allow obligated parties to count savings obtained in a given year as if they had instead been obtained in any of the two previous or two following years , so as to enhance the system’s flexibility ; take special measures to address the perverse incentives that exist when energy distributors and retail energy sales companies are also energy producers .


### permit obligated parties to count towards their obligation certified energy savings achieved by energy service providers or other third parties ; in this case they shall establish an accreditation process that is clear , transparent and open to all market actors , and that aims at minimising the costs of certification ; ### permit obligated parties to count towards their obligation certified energy savings achieved by energy service providers or other third parties ; in this case member states shall ensure that an accreditation process is in place that is clear , transparent and open to all market actors , and that aims at minimising the costs of certification ;


### the commission shall evaluate the annual reports and supplementary reports and assess the extent to which member states have made progress towards the achievement of the national energy efficiency targets required by article 3 and towards the implementation of this directive . the commission shall send its assessment to the european parliament and the council . based on its assessment of the reports the commission may issue recommendations to member states . ### the commission shall evaluate the annual reports and supplementary information and assess the extent to which member states have made progress towards the achievement of the national energy efficiency targets required by article 3 , and towards the implementation of this directive . the commission shall send its assessment to the european parliament and the council . based on its assessment of the reports the commission may issue recommendations or suggest modifications to the instruments applied by member states . if the assessment shows that a member state is not on track to achieve the national energy efficiency target , the member state shall , on request of the commission , revise its national energy efficiency plan referred to in paragraph 2 of this article .


### member states shall set a national energy efficiency target expressed as an absolute level of primary energy consumption in 2020 . when setting these targets , they shall take into account the union ' s target of 20&#160 ; % energy savings , the measures provided for in this directive , the measures adopted to reach the national energy saving targets adopted pursuant to article 4 of directive 2006 / 32 / ec and other measures to promote energy efficiency within member states and at union level . ### by 30 june 2013 , member states shall set a national energy efficiency target , based on sectorial energy efficiency targets . by 31 december 2012 , the commission shall establish a common methodology to calculate the sectorial energy efficiency . when setting the targets , the member states shall take into account the union ' s target of 20&#160 ; % energy savings , the measures provided for in this directive , the measures adopted to reach the national energy saving targets adopted pursuant to article 4 of directive 2006 / 32 / ec and other measures to promote energy efficiency within member states and at union level .


### member states shall ensure that final customers for electricity , natural gas , district heating or cooling and district - supplied domestic hot water are provided with individual meters that accurately measure and allow to make available their actual energy consumption and provide information on actual time of use , in accordance with annex vi . ### member states shall ensure that final customers for electricity , natural gas , district heating or cooling and district - supplied domestic hot water are provided with individual smart meters that accurately measure and allow to make available to them their actual energy consumption either via the smart meter ' s display or via the internet and provide information on actual time of use in a way that is easily understood by the consumers and will better involve them in the effort for energy savings , in accordance with annex vi .


### member states shall ensure that final customers for electricity , natural gas , district heating or cooling and district - supplied domestic hot water are provided with individual meters that accurately measure and allow to make available their actual energy consumption and provide information on actual time of use , in accordance with annex vi . ### member states shall propose that final customers for electricity , natural gas , district heating or cooling and district - supplied domestic hot water are provided with individual meters that accurately measure , and allow readings to be taken of , their actual energy consumption and provide information on actual time of use , in accordance with annex vi .


### member states may exempt small energy distributors and small retail energy sales companies , namely those that distribute or sell less than the equivalent of 75 gwh of energy per year , employ fewer than 10 persons or have an annual turnover or annual balance sheet total that does not exceed eur 2 000 000 , from the application of this article . energy produced for self use shall not count towards these thresholds . ### member states shall exempt small energy distributors and small retail energy sales companies , namely those that distribute or sell less than the equivalent of 220 gwh of energy per year or have less than 15 . 000 customers . if the threshold of sold energy or the number of customers is exceeded over a time period of two years , then the concerned business shall be treated as an obligated party in the following third year . energy produced for self use shall not count towards these thresholds . energy produced for self use as well as sales and deliveries within industrial grids and the end use of recovered energy products shall not count towards these thresholds .


### by 1 january 2014 , member states shall establish and notify to the commission a national heating and cooling plan for developing the potential for the application of high - efficiency cogeneration and efficient district heating and cooling , containing the information set out in annex vii . the plans shall be updated and notified to the commission every five years . member states shall ensure by means of their regulatory framework that national heating and cooling plans are taken into account in local and regional development plans , including urban and rural spatial plans , and fulfil the design criteria in annex vii . ### by 1 january 2014 , member states shall establish and notify to the commission a national heating and cooling plan for developing the potential for the application of high - efficiency cogeneration and efficient district heating and cooling . each national plan shall identify : national cogeneration development targets for year 2020 and corresponding intermediate targets ; district heating promotion areas for which cost - benefit analysis have identified cogeneration potential ; the information set out in annex vii . the plans should be based on a comprehensive costs / benefits analysis for each of the planned investments , taking into account the existing level of heat demand and evaluating the different consumption profiles . moreover , different types of cogeneration should be considered on the basis of the specificities of different national demand and consumption patterns . the plans shall be updated and notified to the commission every five years . member states shall ensure by means of their regulatory framework that national heating and cooling plans are taken into account in local and regional development plans , including urban and rural spatial plans , and fulfil the design criteria in annex vii .


### member states shall ensure that the savings claimed by obligated parties are calculated in accordance with annex v . they shall put in place control systems under which at least a statistically significant proportion of the energy efficiency improvement measures put in place by the obligated parties is independently verified . ### member states shall ensure that the savings claimed by obligated parties are calculated in accordance with annex v . they shall put in place control systems under which at least a statistically significant proportion of the energy efficiency improvement measures put in place by the obligated parties is independently verified . member states shall ensure that the costs of energy savings can be recovered among final customers . when implementing a saving obligation system in accordance with paragraph 1 member states shall avoid discrimination , cross - subsidisation and distortion of competition .


### where a product is covered by a delegated act adopted under directive 2010 / 30 / eu or commission directive implementing directive 92 / 75 / eec , purchase only the products that comply with the criterion of belonging to the highest energy efficiency class while taking into account cost - effectiveness , economical feasibility and technical suitability , as well as sufficient competition ; ### where a product is covered by a delegated act adopted under directive 2010 / 30 / eu or commission directive implementing directive 92 / 75 / eec , purchase the products that comply with the criterion of belonging to the highest energy efficiency classes while taking into account cost - effectiveness , economical feasibility and technical suitability , as well as sufficient competition ;


### member states shall establish mechanisms to ensure the connection of these installations to district heating and cooling networks . they may require these installations to bear the connection charges and the cost of developing the district heating and cooling networks necessary to transport their waste heat to consumers . ### member states shall establish mechanisms to ensure the connection of these installations to district heating and cooling networks .


### to tap the energy savings potential in certain market segments where energy audits are generally not offered commercially , member states should ensure that energy audits are available . energy audits should be mandatory and regular for large enterprises , as energy savings can be significant . ### to tap the energy savings potential in certain market segments where energy audits are generally not offered commercially , member states should ensure that energy audits are available . member states shall encourage large enterprises to carry out energy audits on a regularly basis , as energy savings can be significant .


### member states shall ensure that enterprises not included in the second subparagraph of paragraph 1 are subject to an energy audit carried out in an independent and cost - effective manner by qualified or accredited experts at the latest by 30 june 2014 and every three years from the date of the previous energy audit . ### member states shall ensure that enterprises not included in the second subparagraph of paragraph 1 are subject to an energy audit carried out in an objective and cost - effective manner by qualified or accredited experts , who could also be an in - house expert , at the latest by 30 june 2014 and every five years from the date of the previous energy audit . no market participant should be excluded from offering energy services . member states shall ensure that data from energy audits are treated confidentially .


### the commission shall establish by 1 january 2013 by means of a delegated act in accordance with article 18 a methodology for the cost - benefit analysis referred to in paragraphs 4 , 7 and 8 . ### the commission shall establish by 1 january 2013 by means of a delegated act in accordance with article 18 a methodology for the cost - benefit analysis referred to in paragraphs 4 , 7 and 8 . the methodology shall be prepared in consultation with the concerned stakeholders . such a methodology shall take into account both socio - economic and business finance perspectives .


### each member state shall set up an energy efficiency obligation scheme . this scheme shall ensure that either all energy distributors or all retail energy sales companies operating on the member state ' s territory achieve annual energy savings equal to 1 . 5% of their energy sales , by volume , in the previous year in that member state excluding energy used in transport . this amount of energy savings shall be achieved by the obligated parties among final customers . ### each member state shall set up an energy efficiency obligation scheme . this scheme shall ensure that either all energy distributors and / or all retail energy sales companies operating on the member state ' s territory achieve additional annual end - use savings equal to at least 1 . 5% of their annual energy sales , by volume , averaged over the most recent three year period in that member state . the commission shall make an assessment of possible double regulation in the transport sector . this amount of energy savings shall be achieved by the obligated parties among final customers .


### energy audits carried out in an independent manner resulting from energy management systems or implemented under voluntary agreements concluded between organisations of stakeholders and an appointed body and supervised by the member state concerned or by the commission , shall be considered as fulfilling the requirements of paragraph 2 . ### energy audits carried out in an objective manner resulting from energy management systems or implemented under voluntary agreements concluded between organisations of stakeholders and an appointed body and supervised by the member state concerned or by the commission , shall be considered as fulfilling the requirements of paragraph 2 . no market participant should be excluded from offering energy services .


### where a product is covered by a delegated act adopted under directive 2010 / 30 / eu or commission directive implementing directive 92 / 75 / eec , purchase only the products that comply with the criterion of belonging to the highest energy efficiency class while taking into account cost - effectiveness , economical feasibility and technical suitability , as well as sufficient competition ; ### where a product is covered by a delegated act adopted under directive 2010 / 30 / eu or commission directive implementing directive 92 / 75 / eec , they should purchase products that comply with the criterion of belonging to the highest energy efficiency class while duly taking into account , in the relevant stages of the procurement process , cost - effectiveness , economical feasibility and technical suitability , as well as sufficient competition ;


### member states shall take the necessary measures to develop efficient district heating and cooling infrastructure to accommodate the development of high - efficiency cogeneration and the use of heating and cooling from waste heat and renewable energy sources in accordance with paragraphs 1 , 3 , 6 and 7 . when developing district heating and cooling , they shall to the extent possible opt for high - efficiency cogeneration rather than heat - only generation . ### member states shall take the necessary measures to develop efficient district heating and cooling infrastructure to accommodate the development of high - efficiency cogeneration and the use of heating and cooling from waste heat and renewable energy sources in accordance with paragraphs 1 , 3 , 6 and 7 . when developing district heating and cooling , they shall to the extent possible opt for high - efficiency cogeneration rather than heat - only generation . the costs associated to the development of district heating and cooling infrastructure shall be borne by the users connected to such infrastructure through regulated tariffs .


### since the objective of this directive , which is to achieve the union ' s energy efficiency target of 20% primary energy savings by 2020 and pave the way towards further energy efficiency improvements beyond 2020 , is not on track to be achieved by the member states without taking additional energy efficiency measures , and can be better achieved at union level , the union may adopt measures , in accordance with the principle of subsidiarity as set out in article 5 of the treaty on european union . in accordance with the principle of proportionality , as set out in that article , this directive does not go beyond what is necessary in order to achieve that objective . ### since the objective of this directive , which is to achieve the union ' s energy savings target of 20% primary energy savings by 2020 and pave the way towards further energy efficiency improvements and further energy savings beyond 2020 , is not on track to be achieved by the member states without taking additional energy efficiency measures , the eu should be able to make recommendations to the member states as to the best instruments to be used . energy savings can nearly always be achieved at local level , and so in accordance with the principle of subsidiarity as set out in article 5 of the treaty on european union concrete measures should be adopted as close to the citizen as possible . furthermore , traditions as well as climatic , economic and other conditions within the eu and to some extent within the member states vary so much that there is a need for instruments tailored to each case . the eu cannot do justice to this diversity through binding instructions as to the instruments to be used . in accordance with the principle of proportionality , as set out in that article , this directive does not go beyond what is necessary in order to achieve that objective .


### this directive establishes a common framework for the promotion of energy efficiency within the union in order to ensure the achievement of the union ' s target of 20% primary energy savings by 2020 and to pave the way for further energy efficiency improvements beyond that date . ### this directive establishes a common framework for the promotion of energy efficiency within the union in order to ensure the achievement , by means of improved energy efficiency , of the union ' s target of a 20% increase in energy efficiency compared to projections for 2020 and to pave the way for further energy efficiency improvements beyond that date .


### by 1 january 2014 , member states shall establish and notify to the commission a national heating and cooling plan for developing the potential for the application of high - efficiency cogeneration and efficient district heating and cooling , containing the information set out in annex vii . the plans shall be updated and notified to the commission every five years . member states shall ensure by means of their regulatory framework that national heating and cooling plans are taken into account in local and regional development plans , including urban and rural spatial plans , and fulfil the design criteria in annex vii . ### by 1 january 2014 , member states shall analyse the potential for the application of high - efficiency cogeneration and efficient district heating and cooling and supply information on the subject to the commission , including the information set out in annex vii and a cost - benefit analysis . the analyses shall be updated in close cooperation with local authorities and notified to the commission every five years . member states shall ensure by means of their regulatory framework that national heating and cooling plans are taken into account in local and regional development plans , including urban and rural spatial plans , and fulfil the design criteria in annex vii .


### member states shall ensure that final customers for electricity , natural gas , district heating or cooling and district - supplied domestic hot water are provided with individual meters that accurately measure and allow to make available their actual energy consumption and provide information on actual time of use , in accordance with annex vi . ### when smart meters are installed member states shall ensure that final customers for electricity , natural gas , district heating or cooling and district - supplied domestic hot water are provided with individual meters that accurately measure and allow to make available their actual energy consumption and provide information on actual time of use , in accordance with annex vi .


### by 30 april each year , member states shall report on the progress achieved towards national energy efficiency targets , in accordance with annex xiv . ### by 31 december each year , member states shall report on the progress achieved towards national energy efficiency targets , in accordance with annex xiv .


### ' energy performance contracting ' means a contractual arrangement between the beneficiary and the provider of an energy efficiency improvement measure , according to which the payment for the investment made by the provider is in relation to a contractually agreed level of energy efficiency improvement or other agreed energy performance criterion , such as financial savings ; ### ' energy performance contracting ' means a contractual arrangement between the beneficiary and the provider of an energy efficiency improvement measure , according to which the payment for the investment made by the provider is in relation to a contractually guaranteed level of energy efficiency improvement or other agreed energy performance criterion , such as financial savings or kwh ;


### member states shall take the necessary measures to develop efficient district heating and cooling infrastructure to accommodate the development of high - efficiency cogeneration and the use of heating and cooling from waste heat and renewable energy sources in accordance with paragraphs 1 , 3 , 6 and 7 . when developing district heating and cooling , they shall to the extent possible opt for high - efficiency cogeneration rather than heat - only generation . ### member states shall take the necessary measures to develop efficient district heating and cooling infrastructure to accommodate the development of high - efficiency cogeneration and the use of heating and cooling from waste heat and renewable energy sources in accordance with paragraphs 1 , 3 , 6 and 7 . when developing district heating and cooling , high - efficiency cogeneration shall be promoted rather than heat - only generation .


### member states shall ensure that final customers for electricity , natural gas , district heating or cooling and district - supplied domestic hot water are provided with individual meters that accurately measure and allow to make available their actual energy consumption and provide information on actual time of use , in accordance with annex vi . ### when member states put in place the roll - out of smart meters based on a positive cost - benefit analysis as foreseen by directives 2009 / 72 / ec and 2009 / 73 / ec concerning electricity and gas markets , they shall ensure that the objectives of energy efficiency and final customer benefits as well as privacy issues and data security are fully taken into account when establishing the minimum functionalities of the meters and obligations imposed on market participants . member states may ensure that final customers for electricity , natural gas , district heating or cooling and district - supplied domestic hot water are provided with individual meters that accurately measure , and allow readings to be taken of , their actual energy consumption and provide information on actual energy consumption , in accordance with annex vi .


### where a product is covered by a delegated act adopted under directive 2010 / 30 / eu or commission directive implementing directive 92 / 75 / eec , purchase only the products that comply with the criterion of belonging to the highest energy efficiency class while taking into account cost - effectiveness , economical feasibility and technical suitability , as well as sufficient competition ; ### where a product is covered by a delegated act adopted under directive 2010 / 30 / eu or commission directive implementing directive 92 / 75 / eec , purchase only the products that comply with the criterion of belonging to the highest energy efficiency class subject to a minimum of three national supplier and a greater life - cycle cost efficiency over the next available energy efficiency class ;


### member states shall adopt authorisation or equivalent permitting criteria to ensure that industrial installations with a total thermal input exceeding 20 mw generating waste heat that are built or substantially refurbished after [ the entry into force of this directive ] capture and make use of their waste heat . ### member states shall adopt authorisation or equivalent permitting criteria to ensure that industrial installations with a total thermal input exceeding 20 mw generating waste heat that are built or substantially refurbished after [ the entry into force of this directive ] capture and make use of their waste heat , as far as ecologically , technically and efficiently feasible . industrial installations using their waste heat in the production process are excluded from these obligations .


### member states shall ensure that final customers for electricity , natural gas , district heating or cooling and district - supplied domestic hot water are provided with individual meters that accurately measure and allow to make available their actual energy consumption and provide information on actual time of use , in accordance with annex vi . ### member states shall ensure that when it is technically and economically feasible final customers for electricity , natural gas , district heating or cooling and district - supplied domestic hot water are provided with individual meters that accurately measure and allow to make available their actual energy consumption and provide information on actual time of use , in accordance with annex vi .


### this directive establishes a common framework for the promotion of energy efficiency within the union in order to ensure the achievement of the union ' s target of 20% primary energy savings by 2020 and to pave the way for further energy efficiency improvements beyond that date . ### this directive establishes a common framework of measures for the promotion of energy efficiency within the union in order to ensure the achievement of the union ' s 2020 20% headline target on energy efficiency and to pave the way for further energy efficiency improvements beyond that date .


### the rate of building renovation needs to be increased , as the existing building stock represents the single biggest potential sector for energy savings . moreover , buildings are crucial to achieving the eu objective of reducing greenhouse gas emissions by 80 - 95% by 2050 compared to 1990 . buildings owned by public bodies account for a considerable share of the building stock and have high visibility in public life . it is therefore appropriate to set an annual rate of renovation of all buildings owned by public bodies to upgrade their energy performance . this renovation rate should be without prejudice to the obligations with regard to nearly - zero energy buildings set in directive 2010 / 31 / eu of the european parliament and of the council of 19 may 2010 on the energy performance of buildings . the obligation to renovate public buildings complements the provisions of that directive , which requires member states to ensure that when existing buildings undergo major renovation their energy performance is upgraded so that they meet minimum energy performance requirements . ### the rate of building renovation needs to be increased , as the existing building stock represents the single biggest potential sector for greater energy efficiency and savings . buildings owned by public bodies account for a considerable share of the building stock and have high visibility in public life . it is therefore appropriate , in due consideration of tight public finances , to set a rate of renovation of all buildings owned by public bodies to upgrade their energy performance . this renovation rate should be without prejudice to the obligations with regard to nearly - zero energy buildings set in directive 2010 / 31 / eu of the european parliament and of the council of 19 may 2010 on the energy performance of buildings . the obligation to renovate public buildings complements the provisions of that directive , which requires member states to ensure that when existing buildings undergo major renovation their energy performance is upgraded so that they meet minimum energy performance requirements .


### energy audits carried out in an independent manner resulting from energy management systems or implemented under voluntary agreements concluded between organisations of stakeholders and an appointed body and supervised by the member state concerned or by the commission , shall be considered as fulfilling the requirements of paragraph 2 . ### energy audits carried out in an independent manner resulting from energy management systems such as complying with en iso 50001 or implemented under voluntary agreements concluded between organisations of stakeholders and an appointed body and supervised by the member state concerned or by the commission , shall be considered as fulfilling the requirements of paragraph 2 .


### by 1 january 2014 , member states shall establish and notify to the commission a national heating and cooling plan for developing the potential for the application of high - efficiency cogeneration and efficient district heating and cooling , containing the information set out in annex vii . the plans shall be updated and notified to the commission every five years . member states shall ensure by means of their regulatory framework that national heating and cooling plans are taken into account in local and regional development plans , including urban and rural spatial plans , and fulfil the design criteria in annex vii . ### by 1 january 2014 , member states shall carry out and notify to the commission an overall assessment aimed at developing the potential of energy - efficient technologies including high - efficiency cogeneration and efficient district heating and cooling , containing the information set out in annex vii . the plans shall be updated and notified to the commission every five years . member states shall ensure by means of their regulatory framework that national heating and cooling plans are taken into account in local and regional development plans , including urban and rural spatial plans , and take account of local and regional heat markets . for the purposes of the assessment referred to above , member states shall carry out cost - benefit analyses covering their territory and based on technical and economic feasibility and suitability , with a view to implementing effective solutions at an acceptable cost .


### member states shall ensure that final customers for electricity , natural gas , district heating or cooling and district - supplied domestic hot water are provided with individual meters that accurately measure and allow to make available their actual energy consumption and provide information on actual time of use , in accordance with annex vi . ### member states shall make provision , consistent with the third internal market package rules on electricity and gas , for final customers for electricity , natural gas , district heating or cooling and district - supplied domestic hot water to be provided with individual meters that accurately measure , and allow readings to be taken of , their actual energy consumption and provide information on actual time of use .


### the rate of building renovation needs to be increased , as the existing building stock represents the single biggest potential sector for energy savings . moreover , buildings are crucial to achieving the eu objective of reducing greenhouse gas emissions by 80 - 95% by 2050 compared to 1990 . buildings owned by public bodies account for a considerable share of the building stock and have high visibility in public life . it is therefore appropriate to set an annual rate of renovation of all buildings owned by public bodies to upgrade their energy performance . this renovation rate should be without prejudice to the obligations with regard to nearly - zero energy buildings set in directive 2010 / 31 / eu of the european parliament and of the council of 19 may 2010 on the energy performance of buildings27 . the obligation to renovate public buildings complements the provisions of that directive , which requires member states to ensure that when existing buildings undergo major renovation their energy performance is upgraded so that they meet minimum energy performance requirements . ### the rate of building refurbishment for energy purposes needs to be increased , as the existing building stock represents the single biggest potential sector for energy savings . buildings owned by public bodies account for a considerable share of the building stock in many member states and have high visibility in public life . member states should therefore adopt programmes and instruments to significantly increase the refurbishment rate . priority should be assigned to buildings with the greatest energy saving potential . subsidies and other incentives could be so graduated as to provide the strongest stimulus to energy refurbishment which cuts energy consumption by more than 50% . energy refurbishment which does not result in a saving of at least 15% in relation to the initial energy requirement , on the other hand , should not be subsidised .


### member states shall make publicly available the certification schemes or equivalent qualification schemes referred to in paragraph 1 and shall cooperate among themselves and with the commission on comparisons between and recognition of the schemes . ### member states shall make publicly available the qualification schemes referred to in paragraph 1 and shall work on comparisons between and recognition of the schemes . this shall be without prejudice to directive 2005 / 36 / ec .


### for the purposes of paragraph 1 , by 1 january 2014 , member states shall establish and make publicly available an inventory of buildings owned by their public bodies indicating : ### for the purposes of paragraph 1 , by 1 january 2014 , member states shall carry out energy audits in order to establish and make publicly available an inventory of buildings owned by their public bodies indicating :


### by 1 january 2014 , member states shall establish and notify to the commission a national heating and cooling plan for developing the potential for the application of high - efficiency cogeneration and efficient district heating and cooling , containing the information set out in annex vii . the plans shall be updated and notified to the commission every five years . member states shall ensure by means of their regulatory framework that national heating and cooling plans are taken into account in local and regional development plans , including urban and rural spatial plans , and fulfil the design criteria in annex vii . ### by 1 january 2014 , member states shall analyse and notify to the commission the potential for the application of high - efficiency cogeneration and efficient district heating and cooling , containing the information set out in annex vii . the analyses shall be updated and notified to the commission every five years . member states shall ensure by means of their regulatory framework that national heating and cooling analyses are taken into account in local and regional development plans , including urban and rural spatial plans , and fulfil the design criteria in annex vii .


### member states shall take the necessary measures to develop efficient district heating and cooling infrastructure to accommodate the development of high - efficiency cogeneration and the use of heating and cooling from waste heat and renewable energy sources in accordance with paragraphs 1 , 3 , 6 and 7 . when developing district heating and cooling , they shall to the extent possible opt for high - efficiency cogeneration rather than heat - only generation . ### member states shall take the necessary measures to develop efficient district heating and cooling infrastructure to support the development of high - efficiency cogeneration including small and micro - cogeneration , and the use of heating and cooling from waste heat and renewable energy sources in accordance with paragraphs 1 , 3 , 6 and 7 . when developing district heating and cooling , they shall to the extent possible opt for high - efficiency cogeneration rather than heat - only generation .


### with a view to achieving a high level of technical competence , objectivity and reliability , member states shall ensure that , by 1 january 2014 , certification schemes or equivalent qualification schemes are available for providers of energy services , energy audits and energy efficiency improvement measures , including for installers of building elements as defined in article 2 of directive 2010 / 31 / eu . ### with a view to achieving a high level of technical competence , objectivity and reliability , member states shall ensure that , by 1 january 2014 , qualification schemes are provided for providers of energy services , energy audits and energy efficiency improvement measures , including for installers of building elements as defined in article 2 of directive 2010 / 31 / eu . the member states examine , whether their respective own educational and retraining systems cover the required knowledge .


### network regulation and tariffs shall allow network operators to offer system services and system tariffs for demand response measures , demand management and distributed generation on organised electricity markets , in particular : ### network regulation and tariffs shall encourage network operators to promote system services and system tariffs for demand response measures , demand management and distributed generation on organized electricity markets , subject to a cost - effectiveness impact per types of targeted customers . systems services include :


### member states shall ensure that final customers for electricity , natural gas , district heating or cooling and district - supplied domestic hot water are provided with individual meters that accurately measure and allow to make available their actual energy consumption and provide information on actual time of use , in accordance with annex vi . ### when smart meters are installed , member states shall ensure that final customers for electricity , natural gas , district or other central heating or cooling and district or other centrally supplied domestic hot water are provided with individual meters that accurately measure and allow to make available their actual energy consumption and provide real time information on actual time of use , free of charge and in a format that enables customers to better understand their energy use , in accordance with annex vi .


### member states shall make publicly available the certification schemes or equivalent qualification schemes referred to in paragraph 1 and shall cooperate among themselves and with the commission on comparisons between and recognition of the schemes . ### member states shall make publicly available the certification schemes or equivalent qualification schemes referred to in paragraph 1 and shall cooperate among themselves and with the commission on comparisons between and recognition of the schemes , in accordance with directive 2005 / 36 / ec on the recognition of professional qualifications for regulated professions .


### by 30 april 2014 , and every three years thereafter , member state shall submit supplementary reports with information on national energy efficiency policies , action plans , programmes and measures implemented or planned at national , regional and local level to improve energy efficiency in view of achieving the national energy efficiency targets referred to in article 3 . the reports shall be complemented with updated estimates of expected overall primary energy consumption in 2020 , as well as estimated levels of primary energy consumption in the sectors indicated in annex xiv . ### by 31 december 2013 at the latest , and every three years thereafter , the member states shall provide the commission with national energy efficiency plans which describe how the member states intend to achieve the national energy efficiency targets referred to in article 3 . these plans shall include measures implemented or planned at national , regional and local level to improve energy efficiency .


### member states shall take the necessary measures to develop efficient district heating and cooling infrastructure to accommodate the development of high - efficiency cogeneration and the use of heating and cooling from waste heat and renewable energy sources in accordance with paragraphs 1 , 3 , 6 and 7 . when developing district heating and cooling , they shall to the extent possible opt for high - efficiency cogeneration rather than heat - only generation . ### member states shall take the necessary measures to develop efficient district heating and cooling infrastructure to accommodate the development of high - efficiency cogeneration and the use of heating and cooling from waste heat and renewable energy sources . to ensure efficient market conditions for the final customer , networks for district heating and cooling must be open to competition .


### for the purposes of this provision the term ‘ organised electricity markets’ shall include over - the - counter markets and electricity exchanges for trading energy , capacity , balancing and ancillary services in all timeframes , including forward , day - ahead and intra - day markets . ### the potential of demand response should be taken fully into account when implementing regional network capacity adequacy or other energy security related measures . for the purposes of this provision the term ‘ organised electricity markets’ shall include over - the - counter markets and electricity exchanges for trading energy , capacity , balancing and ancillary services in all timeframes , including forward , day - ahead and intra - day markets .


### since the objective of this directive , which is to achieve the union ' s energy efficiency target of 20% primary energy savings by 2020 and pave the way towards further energy efficiency improvements beyond 2020 , is not on track to be achieved by the member states without taking additional energy efficiency measures , and can be better achieved at union level , the union may adopt measures , in accordance with the principle of subsidiarity as set out in article 5 of the treaty on european union . in accordance with the principle of proportionality , as set out in that article , this directive does not go beyond what is necessary in order to achieve that objective . ### since the objective of this directive , which is to achieve the union ' s energy savings target of 20% primary energy savings by 2020 and pave the way towards further energy efficiency improvements and further energy savings beyond 2020 , is not on track to be achieved by the member states without taking additional energy efficiency measures , the eu should be able to make recommendations to the member states as to the best instruments to be used . energy savings can nearly always be achieved at local level , and so in accordance with the principle of subsidiarity as set out in article 5 of the treaty on european union concrete measures should be adopted as close to the citizen as possible . furthermore , traditions as well as climatic , economic and other conditions within the eu and to some extent within the member states vary so much that there is a need for instruments tailored to each case . the eu cannot do justice to this diversity through binding instructions as to the instruments to be used . in accordance with the principle of proportionality , as set out in that article , this directive does not go beyond what is necessary in order to achieve that objective .


### member states shall ensure that the savings claimed by obligated parties are calculated in accordance with annex v . they shall put in place control systems under which at least a statistically significant proportion of the energy efficiency improvement measures put in place by the obligated parties is independently verified . ### member states shall ensure that the achieved energy savings potential claimed by obligated parties are calculated and verified in accordance with the common general measurement and verification criteria and the specific national rules .


### where a product is covered by a delegated act adopted under directive 2010 / 30 / eu or commission directive implementing directive 92 / 75 / eec , purchase only the products that comply with the criterion of belonging to the highest energy efficiency class while taking into account cost - effectiveness , economical feasibility and technical suitability , as well as sufficient competition ; ### where a product is covered by a delegated act adopted under directive 2010 / 30 / eu or commission directive implementing directive 92 / 75 / eec , they should purchase products that comply with the criterion of belonging to the highest energy efficiency class while duly taking into account , in the relevant stages of the procurement process , cost - effectiveness , economical feasibility and technical suitability , as well as sufficient competition ;


### directive 2006 / 32 / ec requires member states to adopt and aim to achieve an overall national indicative energy savings target of 9% by 2016 , to be reached by deploying energy services and other energy efficiency improvement measures . that directive states that the second energy efficiency plan adopted by the member states shall be followed , as appropriate and where necessary , by commission proposals for additional measures , including extending the period of application of targets . if a report concludes that insufficient progress has been made towards achieving the indicative national targets laid down by that directive , these proposals are to address the level and nature of the targets . the impact assessment accompanying this directive finds that the member states are on track to achieve the 9% target , which is substantially less ambitious than the subsequently adopted 20% energy saving target for 2020 , and therefore there is no need to address the level of the targets . ### directive 2006 / 32 / ec requires member states to adopt and achieve an overall national indicative energy savings target of 9 % by 2016 , to be reached by deploying energy services and other energy efficiency improvement measures . that directive states the second energy efficiency plan adopted by the member states shall be followed by commission proposals for additional measures . the impact assessment accompanying the directive finds that the member states are on track to achieve the 9 % target , which is substantially less ambitious than the subsequently adopted 20 % energy saving target for 2020 and that therefore there is need to address the level of the individual national targets as quickly as possible .


### member states shall ensure that final customers for electricity , natural gas , district heating or cooling and district - supplied domestic hot water are provided with individual meters that accurately measure and allow to make available their actual energy consumption and provide information on actual time of use , in accordance with annex vi . ### member states shall ensure that if , where it is technically feasible and cost - effective , final customers for electricity , natural gas , district heating or cooling and district - supplied domestic hot water are provided with individual meters , these will accurately measure , and allow readings to be taken of , their actual energy consumption and provide information on actual time of use , in accordance with annex vi .


### directive 2006 / 32 / ec requires member states to adopt and aim to achieve an overall national indicative energy savings target of 9% by 2016 , to be reached by deploying energy services and other energy efficiency improvement measures . that directive states that the second energy efficiency plan adopted by the member states shall be followed , as appropriate and where necessary , by commission proposals for additional measures , including extending the period of application of targets . if a report concludes that insufficient progress has been made towards achieving the indicative national targets laid down by that directive , these proposals are to address the level and nature of the targets . the impact assessment accompanying this directive finds that the member states are on track to achieve the 9% target , which is substantially less ambitious than the subsequently adopted 20% energy saving target for 2020 , and therefore there is no need to address the level of the targets . ### directive 2006 / 32 / ec requires member states to adopt and aim to achieve an overall national indicative energy savings target of 9% by 2016 , to be reached by deploying energy services and other energy efficiency improvement measures . that directive states that the second energy efficiency plan adopted by the member states shall be followed , as appropriate and where necessary , by commission proposals for additional measures , including extending the period of application of targets . if a report concludes that insufficient progress has been made towards achieving the indicative national targets laid down by that directive , these proposals are to address the level and nature of the targets . the impact assessment accompanying this directive finds that the member states are on track to achieve the 9% target , which is substantially less ambitious than the subsequently adopted 20% energy efficiency target for 2020 , and therefore there is need to address the level of ambition .


### within the energy efficiency obligation scheme , member states may : include requirements with a social aim in the saving obligations they impose , including by requiring measures to be implemented in households affected by energy poverty or in social housing ; permit obligated parties to count towards their obligation certified energy savings achieved by energy service providers or other third parties ; in this case they shall establish an accreditation process that is clear , transparent and open to all market actors , and that aims at minimising the costs of certification ; allow obligated parties to count savings obtained in a given year as if they had instead been obtained in any of the two previous or two following years . ### within the energy efficiency obligation scheme , member states shall include mandatory requirements with a social aim in the saving obligations they impose , including by requiring measures to be implemented in low - income households affected by energy poverty or in social housing ; these measures must be decided in consultation with the public authorities . permit obligated parties to count towards their obligation certified energy savings achieved by energy service providers or other third parties ; in this case they shall ensure that an accreditation process is in place that is clear , transparent and open to all market actors , and that aims at minimising the costs of certification ; allow obligated parties to count savings obtained in a given year as if they had instead been obtained in any of the two previous or two following years , so as to enhance the system’s flexibility ; take special measures to address the perverse incentives that exist when energy distributors and retail energy sales companies are also energy producers .


### this directive establishes a common framework for the promotion of energy efficiency within the union in order to ensure the achievement of the union ' s target of 20% primary energy savings by 2020 and to pave the way for further energy efficiency improvements beyond that date . ### this directive establishes a common framework of measures for the promotion of energy efficiency within the union in order to ensure the achievement of the union ' s 2020 20% goal on energy efficiency and to pave the way for further energy efficiency improvements beyond that date .


### an assessment of the possibility of establishing a ' white certificate ' scheme at union level has shown that , in the current situation , such a system would create excessive administrative costs and that there is a risk that energy savings would be concentrated in a number of member states and not introduced across the union . the latter objective can better be achieved , at least at this stage , by means of national energy efficiency obligation schemes or other alternative measures that achieve the same amount of energy savings . the commission should however define , by a delegated act , the conditions under which a member state could in future recognise the energy savings achieved in another member state . it is appropriate for the level of ambition of such schemes to be established in a common framework at union level while providing significant flexibility to member states to take full account of the national organisation of market actors , the specific context of the energy sector and final customers ' habits . the common framework should give energy utilities the option of offering energy services to all final customers , not only to those to whom they sell energy . this increases competition in the energy market because energy utilities can differentiate their product by providing complementary energy services . the common framework should allow member states to include requirements in their national scheme that pursue a social aim , notably in order to ensure that vulnerable customers have access to the benefits of higher energy efficiency . it should also allow member states to exempt small companies from the energy efficiency obligation . the commission communication “small business act” sets out principles that should be taken into account by member states that decide to abstain from applying this possibility . ### an assessment of the possibility of establishing a ' white certificate ' scheme at union level has shown that , in the current situation , such a system would create excessive administrative costs and that there is a risk that energy savings would be concentrated in a number of member states and not introduced across the union . the latter objective can better be achieved , at least at this stage , by means of national energy efficiency obligation schemes or other alternative measures that achieve the same amount of energy savings . it is appropriate for the level of ambition of such schemes , and above all the methods of calculation , to be established in a common framework at union level while providing significant flexibility to member states to take full account of the national organisation of market actors , the specific context of the energy sector and final customers ' habits . the common framework should give energy utilities the option of offering energy services to all final customers , not only to those to whom they sell energy . this increases competition in the energy market because energy utilities can differentiate their product by providing complementary energy services . the common framework should allow member states to include requirements in their national scheme that pursue a social aim , notably in order to ensure that vulnerable customers have access to the benefits of lower energy consumption . it should also allow member states to exempt small companies from the energy efficiency obligation . the commission communication “small business act” sets out principles that should be taken into account by member states that decide to abstain from applying this possibility .


### the executive director shall be appointed by the management board , from a list of candidates proposed by the commission , following an open and transparent selection procedure . before being appointed , the candidate selected by the management board may be invited to make a statement before any competent european parliament committee and to answer questions put by its members . for the purpose of concluding the contract with the executive director , the agency shall be represented by the chairperson of the management board . ### the executive director shall be appointed by the management board from a list of at least three candidates proposed by a pre - selection committee of the management board composed of representatives of the member states , the commission and the european parliament , following an open and transparent selection procedure and the publication of a call for expressions of interest in the official journal of the european union and elsewhere . before being appointed , the candidate selected by the management board may be invited to make a statement before any competent european parliament committee and to answer questions put by its members . for the purpose of concluding the contract with the executive director , the agency shall be represented by the chairperson of the management board .


### a european trade mark may consist of any signs , in particular words , including personal names , designs , letters , numerals , colours as such , the shape of goods or of their packaging , or sounds , provided that such signs are capable of ### a european trade mark may consist of any signs , in particular words , including personal names , designs , models , motifs , devices , logos , letters , numerals , colours as such , the shape of goods or of their packaging , or sounds , provided that such signs are capable of


### the amounts of the fees referred to in paragraph 1 shall be fixed at such level as to ensure that the revenue in respect thereof is in principle sufficient for the budget of the agency to be balanced while avoiding the accumulation of significant surpluses . without prejudice to article 139 , the commission shall review the level of fees should a significant surplus become recurrent . if this review does not lead to a reduction or modification in the level of fees which has the effect of preventing the further accumulation of a significant surplus , the surplus accumulated after the review shall be transferred to the budget of the union . ### the amounts of the fees referred to in paragraph 1 shall be fixed at the levels set out in annex - i so as to ensure that the revenue in respect thereof is in principle sufficient for the budget of the agency to be balanced while avoiding the accumulation of significant surpluses .


### proprietors of european trade marks applied for before 22 june 2012 which are registered solely in respect of the entire heading of a nice class , may declare that their intention on the date of filing had been to seek protection in respect of goods or services beyond those covered by the literal meaning of the heading of that class , provided that the goods or services so designated are included in the alphabetical list for that class of the edition of the nice classification in force at the date of filing . ### proprietors of european trade marks applied for before 22 june 2012 which are registered in respect of the entire heading of a nice class , may declare that their intention on the date of filing had been to seek protection in respect of goods or services beyond those covered by the literal meaning of the heading of that class , provided that the goods or services so designated are included in the alphabetical list for that class of the edition of the nice classification in force at the date of filing .


### importing or exporting the goods under that sign ; ### producing or entering for a suspensive procedure , importing or exporting , re - exporting or trans - shipping the goods under that sign ;


### the proprietor of a european trade mark shall also be entitled to prevent all third parties from bringing goods , in the context of commercial activity , into the customs territory of the union without being released for free circulation there , where such goods , including packaging , come from third countries and bear without authorization a trade mark which is identical to the european trade mark registered in respect of such goods , or which cannot be distinguished in its essential aspects from that trade mark . ### the proprietor of a european trade mark shall also be entitled to prevent all third parties from bringing goods , in the context of commercial activity , into the customs territory of the union without being released for free circulation there , where such goods , including packaging , come from third countries and bear without authorization a trade mark which is identical to the european trade mark registered in respect of such goods , or which cannot be distinguished in its essential aspects from that trade mark . customs authorities shall also carry out the relevant controls according to the rules laid down in regulation 608 / 2013 at the request of rightholders and based on risk analysis criteria , on goods , including packaging , suspected of infringing a trade mark that are crossing the territory of the european union under a suspensive procedure and are destined and released to the market of a third country .


### with the aim of strengthening trade mark protection and combatting counterfeiting more effectively , the proprietor of a european trade mark should be entitled to prevent third parties from bringing goods into the customs territory of the union without being released for free circulation there , where such goods come from third countries and bear without authorization a trade mark which is essentially identical to the european trade mark registered in respect of such goods . ### with the aim of strengthening trade mark protection and combating counterfeiting more effectively , the proprietor of a registered trade mark , assisted by the national authorities , should be entitled to prevent third parties from bringing goods into the customs territory of the union without being released for free circulation there , where such goods come from third countries and bear without authorization a trade mark which is essentially identical to the european trade mark registered in respect of such goods .


### the sign is identical with the european trade mark and is used in relation to goods or services which are identical with those for which the european trade mark is registered , and where such use affects or is liable to affect the function of the european trade mark to guarantee to consumers the origin of the goods or services ; ### the sign is identical with the european union trade mark and is used in relation to goods or services which are identical with those for which the european union trade mark is registered ;


### the agency shall define , elaborate and coordinate common projects of union interest with regard to the areas referred to in paragraph 1 . the project definition shall contain the specific obligations and responsibilities of each participating industrial property office of the member states and the benelux office for intellectual property . ### the agency shall define , elaborate and coordinate the projects of interest to the union and member states with regard to the areas referred to in paragraph 1 . the project definition shall contain the specific obligations and responsibilities of each participating industrial property office of the member states and the benelux office for intellectual property .


### the executive director may be removed from office only upon a decision of the management board acting on a proposal from the european commission . ### the removal from office of the executive director may only take place upon a decision of the management board , reached by a two - thirds majority of its members and acting on a proposal from the european commission or the european parliament .


### the first subparagraph shall only apply where the use made by the third party is in accordance with honest practices in industrial or commercial matters . ### this paragraph shall only apply where the use made by the third party is in accordance with honest practices in industrial or commercial matters .


### the proprietor of a european trade mark shall also be entitled to prevent the importing of goods referred to in paragraph 3 where only the consignor of the goods acts for commercial purposes . ### the proprietor of a registered trade mark shall also be entitled to prevent the importing into the union of goods that may be prohibited pursuant to paragraph 3 where only the consignor of the goods acts in the context of commercial activity .


### a european union trade marks and designs agency , hereinafter referred to as &#8220 ; the agency&#8221 ; , is hereby established . ### a european union intellectual property agency , hereinafter referred to as &#8220 ; the agency&#8221 ; , is hereby established .


### the date of filing of a european trade mark application shall be the date on which documents containing the information specified in article 26 are filed with the agency by the applicant , subject to payment of the application fee for which the order for payment shall have been given at the latest on that date . ' ; ### the date of filing of a european union trade mark application shall be the date on which documents containing the information specified in article 26 are filed with the agency by the applicant , subject to the order for payment of the application fee . in the case of a belated order for payment , the date of filing shall be deemed to be the date on which the order for payment is given ' ;


### in order to ensure an effective and efficient method to resolve disputes , to ensure consistency with the language regime laid down in regulation no 207 / 2009 , the expeditious delivery of decisions on a simple subject matter , and the effective and efficient organisation of the boards of appeal , and to guarantee an appropriate and realistic level of fees to be charged by the agency , while complying with the budgetary principles set out in regulation no 207 / 2009 , the power to adopt delegated acts in accordance with article 290 of the treaty should be delegated to the commission in respect of specifying the details on the languages to be used before the agency , the cases where opposition and cancellation decisions should be taken by a single member , the details on the organisation of the boards of appeal , the amounts of the fees to be paid to the agency and details related to their payment . ### in order to ensure an effective and efficient method to resolve disputes , to ensure consistency with the language regime laid down in regulation no 207 / 2009 , the expeditious delivery of decisions on a simple subject matter , and the effective and efficient organisation of the boards of appeal , and to guarantee an appropriate and realistic level of fees to be charged by the agency , while complying with the budgetary principles set out in regulation no 207 / 2009 , the power to adopt delegated acts in accordance with article 290 of the treaty should be delegated to the commission in respect of specifying the implementing rules with regard to the language regime established for the agency , the cases where opposition and cancellation decisions should be taken by a single member , the details on the organisation of the boards of appeal , the amounts of the fees to be paid to the agency and details related to their payment .


### as a consequence of the entry into force of the lisbon treaty , the terminology of regulation no 207 / 2009 should be updated . this implies the replacement of ‘ community trade mark’ by ‘ european trade mark’ . in line with the common approach on decentralised agencies , agreed in july 2012 by the european parliament , the council and the commission , the name ‘ office for harmonisation in the internal market ’ should be replaced by ‘ european union trade marks and designs agency’ . ### as a consequence of the entry into force of the lisbon treaty , the terminology of regulation no 207 / 2009 should be updated . this implies the replacement of ‘ community trade mark’ by ‘ european union trade mark’ . in line with the common approach on decentralised agencies , agreed in july 2012 by the european parliament , the council and the commission , the name ‘ office for harmonisation in the internal market ’ should be replaced by ‘ european union intellectual property agency’ .


### in order to ensure the efficient implementation of voluntary modulation the commission should , by means of implementing acts , fix the net amounts resulting from the application of voluntary modulation . given the nature of the envisaged implementing acts , the commission should adopt those acts without the assistance of a committee . ### in order to ensure the efficient implementation of voluntary modulation the commission should , by means of implementing acts , fix the net amounts resulting from the application of voluntary modulation .