Opinion of the Economic and Social Committee on the "Proposal for a Directive of the European Parliament and of the Council on the energy performance of buildings"
Date: 2001-10-17
Institutions: European Economic and Social Committee
Subjects: European standard, building industry, energy policy, energy saving, heating, thermal insulation

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Opinion of the Economic and Social Committee on the ‘Proposal for a Directive of the European
Parliament and of the Council on the energy performance of buildings’

(2002/C 36/04)

On 6 June 2001 the Council decided to consult the Economic and Social Committee, under Article 175
of the Treaty establishing the European Community, on the above-mentioned proposal.

The Section for Transport, Energy, Infrastructure and the Information Society, which was responsible for
preparing the Committee’s work on the subject, adopted its opinion on 25 September 2001. The
rapporteur was Mr Levaux.

At its 385th plenary session of 17 and 18 October 2001 (meeting of 17 October) the Committee adopted
the following opinion by 133 votes in favour, with two abstentions.

1.

The Commission’s proposal

1.7.
The directive lays down specific requirements for a
regular inspection of boilers of an effective output of more
than 10 kW and air-conditioning systems of an effective
output of more than 12 kW.

1.1.
The proposed directive aims to create a common
framework to promote the improved energy performance of
buildings within the European Union. It specifies the categories
of buildings concerned — residential and tertiary — and
excludes certain categories, such as industrial buildings.

1.8.
Certification of buildings and inspection of heating and
air-conditioning systems is to be carried out by qualified and
independent personnel.

The directive lays down the requirements for Member
1.2.
States to establish a common methodology for an integrated
calculation of the energy performance of buildings.

2. Summary of main thrust and recommendations of

previous opinions

The directive obliges Member States to set minimum

1.3.
standards for the energy performance of new buildings.

1.4.
For new buildings with a total surface area over
1 000 m2, Member States have to ensure that decentralised
energy supply systems based on renewable energy, district
heating, etc., undergo a feasibility study.

The proposed directive obliges Member States to take
1.5.
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 is improved and meets minimum
energy performance standards. This principle is to apply in all
those cases where the total cost of the renovation is higher
than 25 % of the existing insured value of the building.

The Committee has submitted several opinions in this
2.1.
area. Four recent ones are referred to here to confirm the
Committee’s consistent line of argument.

2.1.1.
The most important measure for reducing the risks
associated with energy supply and other risks is to ensure the
most diverse and balanced possible use of different types and
forms of energy.

2.1.2.
Building standards are an effective instrument with
regard to saving energy in buildings; however, there can be no
question of uniform, EU-wide standards because climatic and
other conditions vary so much (1).

2.1.3.
The Committee considers that imposing binding
targets for electricity from renewable energy sources might be
in conflict with the subsidiarity principle applied to actions to
meet Kyoto targets (2).

1.6.
The proposed directive provides for an energy perform-
ance certificate not older than five years to be made available
when buildings are sold or rented out. For public buildings
such a certification should take place every five years and the
energy certificate must be placed in a prominent place and
made clearly visible.

(1) ESC opinion on the Green Paper — Towards a European strategy
for the security of energy supply (COM(1999) 769 final): OJ
C 221 of 7.8.2001, p. 7.

(2) ESC opinion on the promotion of electricity from renewable
energy sources in the internal electricity market (COM(2000) 279
final — OJ C 367 of 20.12.2000.

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2.1.4.
The legal provisions on buildings should make a
clear distinction between new buildings — and again between
subsidised public housing and the private sector — and
existing buildings. In the case of the latter, special conditions
should be laid down for renovation in the historic core of
cities (1).

4. Specific comments

4.1. Minimum standards

2.1.5.
Ample information should be provided for both new
and existing buildings, and for both privately-owned and
rented buildings. Enforcement and monitoring of rules on
materials, insulation and building should be strengthened for
all countries (2).

2.1.6.
Preventive maintenance and servicing of equipment
should be improved in industry, construction and transport in
order to maintain productivity and restrict emissions. An effort
should be made to introduce tax breaks for investors who
implement energy-efficient measures.

3. General comments

3.1.
The Commission’s proposal should be examined in the
broader context of Community energy policy, taking into
account in particular the need to save energy in view of:

— the limited possibilities of

influencing the supply of

imported energy supplies;

— EU dependency on these imported energy sources, cur-

rently estimated at 50 %;

— enlargement, which will increase EU dependency to 70 %
by 2030, without renewal of nuclear power stations;

— compliance with commitments entered into in Kyoto;

— the high level of energy consumption within buildings (3).

(1) ESC opinion on Energy efficiency in the European Community —
Towards a strategy for the rational use of energy (COM(98) 246
final); OJ C 407 of 28.12.1998, p. 176.

(2) ESC opinion on Policies for the rational use of energy (RUE) OJ

C 407 of 28.12.1998, p. 160.

(3) See Table 1 set out in the appendix: European Union Final Energy

Demand by Sector and by Fuel.

The proposed directive stipulates that new buildings
4.1.1.
must comply with minimum energy performance standards.
However, nowhere in the directive or its annexes are these
minimum standards — whether common or specific to each
Member State — defined.

The Committee is in favour of

4.1.2.
the subsidiarity
principle, and maintains that it should be left up to each
Member State to set minimum standards, taking into account
its own geographic and climatic conditions. However,
it
believes that the directive should refer more specifically to the
objectives and commitments of Kyoto, in order to encourage
Member States to set minimum standards at levels, and within
time frames, that are reasonable and compatible.

4.1.3.
The Committee also believes that, in the process of
enlargement, targets to be met within specific time frames
should be worked out with each applicant country, and
support given for providing information and increasing public
awareness, to help the applicant countries meet these objec-
tives within the required time limit.

4.1.4.
The Committee notes that the proposed directive,
when requiring Member States to set minimum standards,
takes into account energy aspects alone. It suggests that the
Commission might consider whether a more global view,
which takes into account other aspects — such as sound-
proofing — during the construction or renovation of buildings
might be more advantageous, not only financially but also in
terms of user comfort (4).

4.2.

Exclusions from the scope of application

4.2.1.
The proposed directive makes it possible for Member
States to exclude from the scope of application historic
buildings, temporary buildings, industrial sites, workshops and
residential buildings not used on a regular basis, such as
second homes.

The Committee approves of the principle of these
4.2.2.
exclusions — to which it requests that farm buildings be added
— but questions their relevance and the definitions given, as
they may allow too broad an interpretation, which would
make it possible — in some cases — to apply the directive in
different ways in different Member States.

(4) Proposal for a Directive of the European Parliament and of
the Council relating to the Assessment and Management of
Environmental Noise, OJ C 116 of 20.4.2001, p. 48.

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4.3. New and existing buildings

Article 2 of the directive, imposing a threshold of 2 500 m3,
in the light of the comment made in point 4.4.4 above.

The proposed directive distinguishes between new
4.3.1.
buildings and existing buildings which must comply with
minimum energy performance standards. The Committee
would like such minimum standards to be made specific
to either new buildings or existing buildings, allowing for
differences in the condition of the property and differences in
the respective techniques that can be used to improve energy
performance.

4.3.2.
A distinction is made between residential and public
buildings; however, the Committee thinks that a clear distinc-
tion should be made between single and multiple occupancy
buildings.

4.4.

Thresholds

4.5.2.2.
The Committee agrees that, in view of the threshold
of 1 000 m2, this requirement does not apply to single family
houses.

4.5.2.3.
As for multi-occupancy residential buildings, the
Committee considers that the threshold should be extended to
2 500 m2, but only in the case of large residential develop-
ments, which are able to bear the extra costs involved.

The Committee also believes that, for new build-
4.5.2.4.
ings,
in cases where the objectives recommended in the
proposed directive cannot be implemented at the construction
stage, there should be a requirement to include in the plans
the possibility of implementing them easily when future major
renovation work is carried out.

4.4.1.
The draft directive provides for thresholds expressed
in m2. In the context of improving the energy performance of
buildings, the Committee believes that the reference to the
surface area of buildings is not always appropriate.

4.5.3.
For renovation work in existing buildings, the direc-
tive provides for a threshold of 1 000 m2, after which
measures must be taken to meet minimum energy performance
standards.

4.4.2.
As regards heating and air conditioning, which are
decisive elements in energy performance, this performance is
related to the volume of buildings, which is a function of two
factors: the height between floors and their respective surface
areas.

4.4.3.
In the case of residential buildings, floor-to-ceiling
height is usually around 2,50 m. In view of this standardisation,
expressing thresholds in terms of m2 is acceptable.

4.4.4.
In the case of public buildings, however, as defined
in Article 2 of the draft directive, given that storey height
varies, it would be more appropriate to express thresholds in
terms of the volume of buildings.

4.5. 1 000 m2 thresholds

4.5.1.
two
The proposed directive only provides
1 000 m2 thresholds — one for new buildings and one for
existing buildings (Article 4 and Article 5).

for

For new buildings over 1 000 m2, a study must be
4.5.2.
carried out before the building permit is granted to determine
the technical, environmental and economic feasibility of
installing decentralised energy supply systems based on renew-
able energy, CHP, district heating or, under certain conditions,
heat pumps.

4.5.2.1.
In the Committee’s view there is a case for
extending this requirement to public buildings, as defined in

4.5.3.1.
requirement should apply to:

The Committee, as before, considers that

this

— public buildings, as defined in Article 2, with a threshold

of 2 500 m2,

— multiple occupancy residential buildings, with a threshold

extended to 2 500 m2.

4.5.3.2.
The Committee notes that the principle defined in
Article 5 of the directive applies to all cases where the total
cost of the renovation is higher than 25 % of the ‘existing
insured value’ of
the building. However, as regards the
actual concept of the ‘existing insured value’, the Committee
emphasises that Member States do not all use the same criteria
(in the case of public buildings approaches vary, as the criteria
for assessing property values are not comparable).

4.6.

Energy performance certificate (label)

4.6.1.
In the Committee’s view, the word ‘certificate’ implies
a mandatory inspection or acknowledgement of compliance
with regulations. To better reflect
the
Commission, the Committee recommends replacing the word
‘certificate’ by the word ‘label’, which would enable energy
performance to be described in accordance with a scale of
values.

the intentions of

4.6.2.
The proposed directive stipulates, in Article 6(1), that
when buildings are constructed, sold or rented out, an energy
performance certificate (label) not older than five years is made
available to the buyer or tenant.

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4.6.3.
The Committee believes that in the case of new
buildings this requirement — which constitutes a guarantee
for the buyer or tenant — can easily be met at the time of taking
delivery of the building, since the certificate of conformity
and compliance with minimum standards drawn up at the
completion of works facilitates — with no additional formali-
ties — the granting of an energy performance label.

responsible for these operations do not necessarily have to be
independent, but must be approved by an official body, on the
basis of proof of their skills, which may be acquired through
specific training.

4.7.

Inspection of boilers (Articles 7 and 8)

4.6.4.
In the case of new buildings, the Committee thinks
that five years is too short, and suggests that it be extended to
10 or 15 years. After this period, renovation alone will enable
the certificate (label) to be renewed.

4.7.1.
The proposed directive provides for the regular
inspection of boilers of an effective output of more than
10 kW and the regular inspection of central air conditioning
systems of an effective output of more than 12 kW.

if

In the case of existing buildings,

the energy
4.6.5.
performance certificate (label) confirms the building’s com-
pliance with minimum standards, its validity should also be
extended to 10 or 15 years. The certificate (label) would only
have to be renewed if standards were amended. The proposed
directive makes the production of a certificate (label) obligatory
only when a building is sold or rented; otherwise, there is no
requirement to draw up such a certificate (label). The Com-
mittee suggests that to promote energy savings, it would be a
good idea to agree a transitional time frame of approx. 15 years
for making the production of a certificate (label) compulsory
for all existing buildings covered by the Directive.

4.7.2.
These particularly low thresholds result in virtually
systematic inspection for all types of buildings, including single
family houses. The Committee notes that
the proposed
directive makes no reference to a time frame for carrying out
initial inspections on existing buildings, or the duration of
validity of such inspections.

4.7.3.
The Committee would like Member States to be
given the possibility of organising inspections in such a way
that they are staggered over a period of 15 years. In the first
five years installations having an effective output of more than
70 kW should be inspected, and in the following 10 years
those having an effective output of more than 10 kW and less
than 70 kW.

4.6.6.
Given that any shortcomings revealed in an energy
performance certificate can — in accordance with Article 5 —
only be corrected when major renovation work is carried out,
the certificate’s validity period of five years is not justified.

4.7.4.
The annex to the proposed directive stipulates that
boilers having an effective output of more than 100 kW must
be inspected every two years.

4.6.7.
The Committee believes that certificates (labels)
should include, in addition to reference values such as current
legal standards, a reminder of best practice in terms of energy
consumption and heat loss.

The Committee points out that in Article 6(2) of
4.6.8.
the proposed directive, the Commission proposes that the
certificate (label) be accompanied by recommendations for the
improvement of energy performance. In the Committee’s view,
this proposal does not go far enough, since in order to bring
about real improvement and sustainable reductions in energy
consumption the collective and individual behaviour of people
has to change. The Committee would therefore like the
directive to commit Member States to designing and systemati-
cally renewing information and education campaigns aimed at
the general public, to encourage people to measure the impact
of their behaviour inside buildings in order to reduce energy
consumption.

4.6.9.
The Committee notes that Article 9 of the proposed
directive stipulates that certification (granting of a label) in
respect of buildings and inspection of heating and air-
conditioning systems shall be carried out by qualified and
independent personnel. In the Committee’s view the personnel

Time frame for the inspection of boilers and air-conditioning
systems

Effective or
installed output

Boilers

Air-conditioning
systems

Less than 10 kW

N/A

N/A

10 to 70 kW

Within 15 years

Within 15 years

More than 70 kW

Within 5 years

Within 5 years

More than 100 kW

Every 2 years

N/A

4.7.5.
For heating installations older than 15 years featuring
boilers of an effective output of more than 10 kW, Member
States must lay down the necessary measures to establish a one-
off inspection of the whole heating installation, as provided for
in the annex to the proposed directive. The Committee would
like these inspections — which in particular should inspect the
level of greenhouse gas emissions — to be held within the
time frames specified in point 4.7.3 above. These inspections
could be carried out during the customary preventive mainten-
ance operations.

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4.7.6.
These inspections will be valid for a period of
ten years, starting from the time of acknowledgement of
compliance with recommendations or requirements issued
during the inspection.

4.7.7.
In the Committee’s view the certificate of compliance
issued when delivery is taken of boiler and air-conditioning
installations should be valid for 10 years, even if the applicable
standards are subsequently modified.

5.

Incentives to promote energy savings

5.1.
The Committee believes that all measures, without
exception, should be considered if they save energy, spread the
use of renewable energies and reduce greenhouse gas emis-
sions. It notes, however, that the directive focuses solely on
the possibility of owners recovering costs by passing them on
in rents. Yet this remains a limited possibility, since in some
countries the methods used to calculate rents are regulated.

5.2.
The Committee points out that in its opinion of
30 May 2001 (1) it stated that ‘Tax incentives to promote
technological innovation and guide industrial processes along
more environment-friendly lines are also appropriate, provided
they do not entail market distortions’.

5.2.1.
In the context of the present opinion, the Committee
would suggest that Member States give priority to tax measures
and incentives such as:

— application of a reduced rate of VAT, as authorised by
the Council Decision of 28.2.2000, for ‘certain labour-
intensive services’ featuring work to improve housing,
which may include work related to energy performance;

— for owners renting out their property, the deduction from
their declared rental income of the expenditure incurred
in applying the directive;

(1) ESC opinion on the Proposal for a Decision of the European
laying down the Community
Parliament and of the Council
Environment Action Programme 2001-2010 of 30.5.2001; OJ
C 221 of 7.8.2001, p. 8.

Brussels, 17 October 2001.

— the deduction of this expenditure from their taxable

income.

6. Conclusions

6.1.
The Committee draws the Commission’s attention to
the common practice in Member States which consists in
systematically taxing all fuels currently used, in particular fossil
fuels. All policies featuring energy-saving incentives or policies
to promote the use of other energies (producing less green-
house gases) are based on economic models which do not take
into account tax base reductions. One example is the case of
160 000 residences in Denmark where the 13 % rate of return
on investment results in a corresponding tax reduction.

The Committee, while stressing its support for the
6.2.
Commission’s approach and its attempt to develop a common
methodology for assessing and monitoring the energy per-
formance of buildings, points out that care should be taken to:

— avoid creating intolerable constraints for Member States
in terms of international competition. The European
Union must therefore adapt its policy to the commitment
of all countries concerned to implementing the Kyoto
protocol;

— ensure that applicant countries commit themselves — in
particular for new buildings — to measures that are
compatible with the objectives pursued by Member States
to keep any increase in energy dependence to a minimum,
and that they rapidly reach the same level as other
Member States;

— avoid imposing charges on property owners — whether
renting out or living in their property — that are
disproportionate to their means, as this could have the
effect of neutralising the objectives of the directive, and
encouraging people to reject a united Europe.

The Committee would like Article 3 of the proposed
6.3.
directive to read that the task of developing the methodology
of calculation of the energy performance of buildings should
not be entrusted to a committee set up in accordance with the
procedure described in Article 11, but be covered by a separate
directive, the preparation of which will give rise to debate
which is of a more open and rallying nature.

The President

of the Economic and Social Committee

Göke FRERICHS

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Appendix 1

to the opinion of the Economic and Social Committee

Table 1: European Union Final Energy Demand by Sector and by Fuel in 1997
(Mtoe) (1)

Final Energy Demand
by sector/Final Energy
Demand by fuel

Buildings
(residential
+ tertiary)

% of total
final
energy
demand

Industry

% of total
final
energy
demand

Transport % of total

Total

final
energy
demand

% of total
final
energy
demand

Solid fuels

8,7

0,9

37,2

Oil

Gas

101

10,8

45,6

129,1

13,9

86,4

Electricity (incl. 14 % from RES)

98

10,5

74,3

Derived heat

Renewables

Total

16,2

26,1

1,7

2,8

4,2

15,0

4,0

4,9

9,3

8,0

0,5

1,6

0,0

0,0

45,9

4,9

283,4

30,5

430,1

46,2

0,3

4,9

0,0

0,0

0,0

0,5

0,0

0,0

215,9

23,2

177,2

19,0

20,4

41,1

2,2

4,4

(1) ‘Energy in Europe — European Union Energy Outlook to 2020’, Special Issue November 1999, the Shared Analysis Project, European Commission.

379,2

40,7

262,7

28,2

288,6

31,0

930,5

100,0

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Appendix 2

to the opinion of the Economic and Social Committee

Figure 1: Energy consumption in the residential sector (1)

Figure 2: Energy consumption in the tertiary sector (1)

(1) COM(2000) 769 of 29.11.2000.