Proposal for a Directive of the European Parliament and of the Council on the energy performance of buildings
Date: 2001-05-11
Institutions: European Commission
Subjects: Community certification, air conditioning, boiler, building, energy saving, energy supply, security of supply, self-sufficiency in energy, technical standard

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Proposal for a Directive of the European Parliament and of the Council on the energy performance
of buildings

(2001/C 213 E/15)

(Text with EEA relevance)

COM(2001) 226 final (cid:151) 2001/0098(COD)

(Submitted by the Commission on 15 May 2001)

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF
THE EUROPEAN UNION,

Having regard to the Treaty establishing the European
Community, and in particular Article 175 thereof,

Having regard to the proposal from the Commission,

Having regard to the opinion of
Committee,

the Economic and Social

Having regard to the opinion of the Committee of the Regions,

Acting in accordance with the procedure laid down in Article
251 of the Treaty,

Whereas:

(1) Article 6 of the Treaty requires environmental protection
requirements to be integrated into the definition and
implementation of Community policies and actions.

(2) The natural resources, to whose prudent and rational utili-
sation Article 174 of
include oil
products, natural gas and solid fuels, which are essential
sources of energy but also the leading sources of carbon
dioxide emissions.

the Treaty refers,

(3) Increased energy efficiency constitutes an important part
of the package of policies and measures needed to comply
with the Kyoto Protocol, and should appear in any policy
package to meet further commitments.

(4) Demand management of energy is an important

tool
enabling the Community to influence the global energy
market and hence the security of energy supply in the
medium and long term.

(5) The Council in its Conclusions of 30 May 2000 and of
5 December 2000 (1) endorsed the Commission’s Action
Plan on Energy Efficiency and requested specific measures
in the building sector.

(6) The residential and tertiary sector,

the major part of
which is buildings, accounts for more than 40 % of final
energy consumption in the Community and is expanding,
energy
a
consumption and hence also its carbon dioxide emissions.

trend which is bound

to increase

its

(7) Directive 93/76/EEC of 13 September 1993 to limit
carbon dioxide emissions by improving energy efficiency
(SAVE) (2), which requires Member States to develop,
implement and report on programmes in the field of
energy efficiency in the building sector, is now starting
to show some important benefits. However, a comple-
instrument is needed to lay down more
mentary legal
concrete actions with a view to achieving the great
unrealised potential for energy savings and reducing the
large differences between Member States’ results in this
sector.

(8) Directive 89/106/EEC (3) on the approximation of

laws,
regulations and administrative provisions of the Member
States relating to construction products requires that the
construction works and its heating, cooling and venti-
lation installations must be designed and built in such a
way that the amount of energy required in use shall be
low, having regard to the climatic conditions of
the
location and the occupants.

(9) The energy performance of buildings should be calculated
on the basis of a methodology that integrates, in addition
insulation also other factors that play an
to thermal
role such as heating/air-condi-
increasingly important
tioning installations, application of
renewable energy
sources
the building. A common
and design of
carried out by qualified
approach to this process,
personnel, will contribute to a level playing field as
regards efforts made in Member States to energy saving
in the buildings sector and would introduce transparency
for prospective owners or users with regard to the energy
performance in the Community property market.

(10) Buildings will have an impact on long-term energy
consumption and new buildings should therefore meet
minimum energy performance standards tailored to the
local climate. As the application of alternative energy
supply systems
full
potential, a systematic assessment of
the feasibility of
such systems for new buildings above a certain size is
appropriate.

is generally not explored to its

(1) Council Conclusion 8835/2000 (30 May 2000) and Council

Conclusion 14000/2000 (5 December 2000).

(2) OJ L 237, 22.9.1993, p. 28.
(3) OJ L 40, 11.2.1989, p. 12.

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(11) Major renovations of existing buildings above a certain
size should be regarded as an opportunity to take cost
effective measures to enhance energy performance.

HAVE ADOPTED THIS DIRECTIVE:

Article 1

(12) By providing objective

information on the

energy
performance of buildings when they are constructed,
sold or
rented out, energy certification will help to
improve transparency of the property market and thus
It should also
encourage investment in energy savings.
facilitate the use of
incentive systems. Public authority
buildings and buildings frequently visited by the public
should set an example by taking environmental and
energy considerations into account and therefore, should
be subject to energy certification on a regular basis. The
dissemination to the public of this information on energy
performance should be enhanced by clearly displaying
the displaying of
these energy certificates. Moreover,
together
officially recommended indoor
with the actual measured temperature, should discourage
the misuse of heating, air-conditioning and ventilation
systems. This will contribute to avoiding unnecessary
use of energy and to safeguarding comfortable indoor
climatic conditions (thermal comfort) in relation to the
outside temperature.

temperatures,

(13) Regular maintenance of boilers and of central air condi-
tioning systems by qualified personnel contributes to
maintaining their correct adjustment in accordance with
the product specification and in that way will ensure
optimal performance from an environmental, safety and
energy point of view. An independent assessment of the
appropriate whenever
total
replacement could be considered on the basis of cost
effectiveness.

installation

heating

is

in Article 5 of

(14) In accordance with the principles of subsidiarity and
proportionality as set out
the Treaty,
general principles providing for a system of energy
performance standards and its objectives should be estab-
lished at Community level, but the detailed implemen-
thus allowing
tation should be left
regime which
State
each Member
the
its particular
corresponds
situation. This
to
Directive confines itself
to the minimum required in
to achieve those objectives and does not go
order
beyond what is necessary for that purpose.

to Member States,
to choose

best

A common framework is hereby created to promote the
improvement of the energy performance of buildings within
the Community,
climatic and local
conditions.

taking into account

This Directive lays down requirements as regards:

(a) the general

framework of a common methodology for
calculating the integrated energy performance of buildings,

(b) the application of minimum standards on the energy

performance of new buildings,

(c)

the application of minimum standards on the energy
performance of large existing buildings that are subject to
major renovation,

(d) energy certification of buildings, and for public buildings,
prominent display of this certification and other relevant
information, and

(e) regular inspection of boilers and of central air-conditioning
systems in buildings and in addition an assessment of the
heating installation in which the boilers are older than 15
years.

Article 2

For the purpose of this Directive, the following definitions shall
apply:

1. building: a building as a whole or, in the residential sector,
parts of the building which have been designed to be used
separately such as apartments or semi-detached houses;

2. energy performance of a building: the total energy efficiency of
a building, reflected in one or more numeric indicators
which have been calculated, taking into account insulation,
installation characteristics, design and positioning, own
energy generation and other factors that
influence the
net energy demand;

(15) Provision should be made for the possibility of rapidly
adapting the methodology of calculation in the field of
energy performance of buildings to technical progress and
to future developments in standardisation.

3. minimum energy performance

standard of a building: a
regulated minimum requirement as regards the energy
performance of buildings;

(16) Since the measures necessary for the implementation of
this Directive are measures of general scope within the
meaning of Article 2 of Council Decision 1999/468/EC of
28 June 1999 laying down the procedures for the exercise
of implementing powers conferred on the Commission (1),
they should be adopted by use of
regulatory
procedure provided for in Article 5 of that Decision,

the

(1) OJ L 184, 17.7.1999, p. 23.

4. energy performance

certificate of a building: an officially
recognised certificate in which the result of the calculation
of the energy performance of a building according to the
methodology set out in the Annex has been laid down;

5. public buildings: buildings occupied by public authorities or
frequently visited and used by the general public, such as:
schools, hospitals, public transport buildings, indoor sports
centres, indoor swimming pools and retail trade services
buildings larger than 1 000 m2;

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6. CHP (combined heat and power): the simultaneous conversion
of primary fuels into mechanical or electrical energy and
heat;

7. air conditioning system:

installation designed to cool and

condition the ambient air;

8. boiler: the combined boiler body and burner-unit designed
to transmit to water the heat released from burning;

9. effective rated output (expressed in kW): the maximum calorific
output laid down and guaranteed by the manufacturer as
being deliverable during continuous operation while
complying with the useful efficiency indicated by the
manufacturer;

10. useful efficiency (expressed in %): the ratio between the heat
output transmitted to the boiler water and the product of
the net calorific value at constant fuel pressure and the
consumption expressed as a quantity of fuel per unit time;

11. heat pump:

installation that

from the
surrounding environment and supplies it to the controlled
environment.

extracts heat

Article 3

Member States shall adopt a methodology of calculation of the
energy performance of buildings of which the general
framework is set out in the Annex. This methodology shall
be further developed and defined in accordance with the
procedure referred to in Article 11(2).

The energy performance of a building shall be expressed in a
transparent and simple manner and may include a CO2
emission indicator.

Article 4

Member States shall take the necessary measures to ensure that
new buildings which are intended to be regularly used meet
minimum energy performance standards, calculated according
to the methodology framework set out in the Annex. These
standards should include general indoor climate requirements
in order to avoid possible negative effects such as inadequate
shall be
ventilation. These energy performance standards
updated at least every five years in order to reflect technical
progress in the building sector. Member States may exclude
historic
sites,
workshops and residential buildings which are not used as
normal residences.

temporary

buildings,

buildings,

industrial

Article 5

Member States shall take the necessary measures to ensure that
the energy performance of existing buildings with a total
surface area over 1 000 m2 which are being renovated, are
upgraded in order to meet minimum energy performance
standards
these are technically feasible and
involve additional costs that can on the basis of the current
average mortgage rate be recovered within a period of 8 years
by the accrued energy savings.

in so far as

This principle shall apply in all those cases where the total cost
of the renovation is higher than 25 % of the existing insured
value of the building.

Article 6

1. Member States shall ensure that, when buildings are
constructed,
rented out, an energy performance
certificate, being not older than 5 years, is made ilable to the
prospective buyer or tenant.

sold or

Member States may exclude historic buildings,
temporary
buildings, industrial sites, workshops and residential buildings
which are not used as normal residences.

information for prospective users.

The energy performance certificate for buildings shall
2.
provide relevant
It shall
include reference values such as current legal standards and
best practice in order to make it possible for consumers to
compare and assess the energy performance of the building.
The certificate shall be accompanied by recommendations for
the improvement of the energy performance.

3. Member States shall
require for public buildings an
energy performance certificate, which is not older than 5
years, to be placed in a prominent place clearly visible to the
general public.

In addition, for public buildings the following information shall
be clearly displayed:

(a) the range of indoor temperatures and, when appropriate,
other relevant climatic factors such as relative humidity,
that are recommended by the authorities for that specific
type of building.

(b) the current indoor temperature and other relevant climatic
factors indicated by means of a reliable device or devices.

For new buildings with a total surface area over 1 000 m2,
Member States shall ensure that the technical, environmental
installing decentralised energy
and economic feasibility of
supply systems based on renewable energy, CHP, district
heating or, under certain conditions, heat pumps, is assessed
before the building permit is granted. The result of such an
assessment shall be available to all stakeholders for consul-
tation.

Article 7

lay down the necessary measures to
Member States shall
establish a regular inspection of boilers of an effective output
of more than 10 kW of which the requirements are set out in
the Annex. These requirements shall be further developed and
defined in accordance with the procedure referred to in
Article 11(2).

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Article 8

lay down the necessary measures to
Member States shall
establish a regular
inspection of central air conditioning
systems of an effective output of more than 12 kW of which
the requirements are set out in the Annex. These requirements
shall be further developed and defined in accordance with the
procedure referred to in Article 11(2).

Article 9

Member States shall ensure that the certification of buildings
and inspection of heating and air-conditioning systems are
carried out by qualified and independent personnel.

The period provided for in Article 5(6) of Decision

3.
1999/468/EC shall be three months.

Article 12

1. Member States shall bring into force the laws, regulations
and administrative provisions to comply with this Directive by
31 December 2003 at the latest.

When Member States adopt those provisions, they shall contain
a reference to this Directive or shall be accompanied by such
reference on the occasion of their official publication. Member
States shall determine how such reference is to be made.

Article 10

Any amendments necessary in order to adapt the Annex to
technical progress shall be adopted in accordance with the
procedure referred to in Article 11(2).

2. Member States shall communicate to the Commission the
provisions of national
in the field
covered by this Directive.

law which they adopt

Article 11

Article 13

1.
The Commission shall be assisted by the committee estab-
lished by Article 10 of Council Directive 92/75/EEC (1), here-
inafter referred to as the (cid:145)committee(cid:146), composed of represen-
tatives of the Member States and chaired by the representative
of the Commission.

This Directive shall enter into force on the twentieth day
following that of its publication in the Official Journal of the
European Communities.

2. Where reference is made to this paragraph, the regulatory
procedure laid down in Article 5 of Decision 1999/468/EC
shall apply, in compliance with Article 7 and Article 8 thereof.

Article 14

This Directive is addressed to the Member States.

(1) OJ L 297, 13.10.1992, p. 16.

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ANNEX

A. Framework for the calculation of energy performances of buildings (Article 3)

1. The methodology of calculation of energy performances of buildings shall integrate the following aspects:

a) thermal insulation (of building shell and installations)

b) heating installation and hot water supply

c) air-conditioning installation

d) ventilation system

e)

lighting installation

f) position and orientation of houses and apartments

2. The positive influence of the following aspects shall in this calculation be taken into account:

a) solar systems and other heating and electricity systems based on renewable energy sources

b) electricity produced by CHP and/or district heating systems

3. Buildings should for the purpose of this calculation at least be classified into the following categories:

a) single family houses of different types

b) apartment blocks

c) offices

d) education buildings

e) hospitals

f) hotels and restaurants

g) wholesale and retail trade services buildings

h) other types of energy consuming buildings

B. Requirements for the inspection of boilers (Article 7)

The inspection of boilers shall have regard to energy consumption and limiting carbon dioxide emissions.

Boilers of an effective output of more than 100 kW shall be inspected at least every 2 years.

For heating installations with boilers of an effective rated output of more than 10 kW which are older than 15 years,
Member States shall lay down the necessary measures to establish a one-off inspection of the whole heating installation.
On the basis of this inspection, which shall include an assessment of the boiler efficiency at full and part load and the
boiler sizing compared to the heating requirements of the building, the competent authorities shall provide advice to the
users on the replacement of the boilers and on alternative solutions.

C. Requirements for the inspection of central air conditioning systems (Article 8)

The inspection of central air conditioning systems shall have regard to energy consumption and limiting carbon dioxide
emissions.

On the basis of this inspection, which shall include an assessment of the air-conditioning efficiency at full and part load
and the sizing compared to the cooling requirements of the building, the competent authorities shall provide advice to
the users on possible improvement or replacement of the air-conditioning system and on alternative solutions.