Amended proposal for a Directive of the European Parliament and of the Council on the energy performance of buildings (presented by the Commission pursuant to Article 250 (2) of the EC Treaty)
Date: 2002-04-16
Institutions: European Commission
Subjects: building, energy consumption, energy policy, energy saving

27.8.2002

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Official Journal of the European Communities

C 203 E/69

Amended proposal for a Directive of the European Parliament and of the Council on the energy
performance of buildings (1)

(2002/C 203 E/12)

(Text with EEA relevance)

COM(2002) 192 final — 2001/0098(COD)

(Submitted by the Commission pursuant to Article 250(2) of the EC Treaty on 16 April 2002)

(1) OJ C 213 E, 31.7.2001, p. 266.

INITIAL PROPOSAL

AMENDED PROPOSAL

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE
EUROPEAN UNION,

Unchanged

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 the Economic and Social
Committee,

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
utilisation Article 174 of the Treaty refers,
include oil
products, natural gas and solid fuels, which are essential
sources of energy but also the leading sources of carbon
dioxide emissions.

(2) 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.

Unchanged

(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.

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INITIAL PROPOSAL

AMENDED PROPOSAL

(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.

(5) The Council

in its Conclusions 8835/2000 of 30 May
2000 and 14000/2000 of 5 December 2000 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, a trend which is bound to increase its
energy consumption and hence also its carbon dioxide
emissions.

(6) The residential and tertiary sector, covering the greater
the Community's building stock, accounts for
part of
more than 40 % of
final energy consumption in the
Community and is expanding, a trend which is bound
to increase its energy consumption and hence also its
carbon dioxide emissions.

(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-
mentary legal
instrument is needed to lay down more
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.

(7) Council Directive 93/76/EEC of 13 September 1993 to
limit carbon dioxide emissions by improving energy effi-
ciency (SAVE) (1), which requires Member States
to
implement and report on programmes in the
develop,
field of energy efficiency in the building sector, is now
starting to show some important benefits. However, a
complementary legal
instrument is needed to lay down
more concrete actions with a view to achieving the
and
great unrealised potential
reducing the large differences between Member States'
results in this sector.

savings

energy

for

(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.

(8) Council Directive 89/106/EEC (2) of 21 September 1988
on the approximation of laws, regulations and adminis-
trative provisions of
relating to
the Member States
the construction
requires
construction products
works and its heating, cooling and ventilation 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.

that

(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
the building. A common
and design of
sources
approach to this process,
carried out by qualified
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.

factors

that play

insulation, other

(9) The energy performance of buildings should be calculated
on the basis of a methodology that integrates, in addition
to thermal
an
role such as heating/air-condi-
increasingly important
tioning installations, application of
renewable energy
the building. A common
and design of
sources
approach to this process,
carried out by qualified
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.

___________
(1) Council Conclusions 8835/2000 (30 May 2002) 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.

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

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INITIAL PROPOSAL

AMENDED PROPOSAL

(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 is generally not explored to its
full
potential, a systematic assessment of
the feasibility of
such systems for new buildings above a certain size is
appropriate.

Unchanged

(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.

(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. The
required should be economically viable,
investments
which is to say that they should offer a rate of return
within a reasonable timescale.

(12) By providing objective

information on the

energy
performance of buildings when they are constructed,
rented out, energy certification will help to
sold or
improve transparency of the property market and thus
encourage investment in energy savings. It should also
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,
officially recommended indoor
together
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 safeguard comfortable indoor
climatic conditions (thermal comfort) in relation to the
outside temperature.

temperatures,

(12) By providing objective

be

by

Public

publicly

authority

information on the

energy
performance of buildings when they are constructed,
rented out, energy certification will help to
sold or
improve transparency of the property market and thus
encourage investment in energy savings. The certification
funded
supported
process may
to improved
to guarantee equal access
programmes
energy performance, notably in the case of residential
buildings constructed or administered as part of a social
welfare policy. It should also facilitate the use of incentive
systems.
buildings
frequently visited by the public should set an example
by taking environmental and energy considerations into
account and should therefore be subject to energy certifi-
cation on a regular basis. The dissemination to the public
of this information on energy performance should be
enhanced by clearly displaying these energy certificates.
Moreover,
the displaying of officially recommended
indoor temperatures, together with the actual measured
temperature, should discourage the misuse of heating,
should
air-conditioning and ventilation systems. This
contribute to avoiding unnecessary use of energy and to
safeguarding
conditions
(thermal comfort) in relation to the outside temperature.

comfortable

buildings

climatic

indoor

and

considerable problems

(13) Recent years have seen a rise in the number of air-condi-
tioning systems in southern European countries. This
creates
at peak load times,
increasing the cost of electricity and disrupting the
energy balance in those countries. Priority should be
thermal
given
performance of buildings during the summer period. To
this end there should be further development of passive
cooling techniques, primarily those that improve indoor
climatic
around
buildings.

the microclimate

strategies which

conditions

enhance

and

the

to

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INITIAL PROPOSAL

AMENDED PROPOSAL

(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
total
appropriate whenever
replacement could be considered on the basis of cost
effectiveness.

installation

heating

is

(14) 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
total
appropriate whenever
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-
tation should be left to Member States, thus allowing
regime which
each Member State
the
to choose
corresponds
situation. This
to its particular
Directive confines itself
to the minimum required in
order
to achieve those objectives and does not go
beyond what is necessary for that purpose.

best

(15) Air conditioning and lighting systems are not included in
the EN 832 or prEN 13790 efficiency standards;
the
Commission should therefore enlarge EN 832 and prEN
13790 so that they include air conditioning and lighting.

Deleted

(16) Member States should employ a number of means to
encourage enhanced energy performance such as interest
tax deductions, low interest credits and the inclusion of
energy performance as an important
factor in public
purchasing and procurement policies.

consumption, will

(17) The billing, to occupiers of buildings, of the costs of
heating, air-conditioning and hot water, calculated in
contribute
proportion to actual
towards energy saving in the residential sector.
is
It
desirable that occupants of such buildings should be
enabled to regulate their own consumption of heat and
hot water in so far as measures to do so are cost effective.
In this connection, regard should be had to Article 3 of
Directive 93/76/EEC and also to Council Recommen-
dations 76/493/EEC (1)
and 77/712/EEC (2)
and to
Council Resolutions of 9 June 1980 (3)
and of
15 January 1985 (4) on the billing of such costs.

___________
(1) OJ L 140, 28.5.1976, p. 12.
(2) OJ L 295, 18.11.1977, p. 1.
(3) OJ C 149, 18.6.1980, p. 3.
(4) OJ C 20, 22.1.1985, p. 1.

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INITIAL PROPOSAL

AMENDED PROPOSAL

(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.

the methodology of

(18) Provision should be made for the possibility of rapidly
adapting
calculation and of
regularly revising minimum standards in the field of
energy performance of buildings
to reflect
technical progress and [future] developments in standard-
isation.

in order

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-
tation should be left to Member States, thus allowing
regime which
each Member State
the
to choose
corresponds
situation. This
to its particular
to the minimum required in
Directive confines itself
order
to achieve those objectives and does not go
beyond what is necessary for that purpose.

best

in Article 5 of

(19) 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-
tation should be left to Member States, thus allowing
regime which
to choose
each Member State
the
corresponds
situation. This
to its particular
to the minimum required in
Directive confines itself
order
to achieve those objectives and does not go
beyond what is necessary for that purpose.

best

(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

(20) The measures necessary for the implementation of this
Directive should be adopted in accordance with Council
Decision 1999/468/EC of 28 June 1999 laying down the
procedures
implementing powers
the exercise of
conferred on the Commission (1),

for

HAVE ADOPTED THIS DIRECTIVE:

Unchanged

Article 1

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

The objective of this Directive is to promote the improvement
of the energy performance of buildings within the Community,
taking into account outdoor climatic conditions and indoor
local conditions and cost-effectiveness.
climatic requirements,

This Directive lays down requirements as regards:

Unchanged

(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

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

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

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INITIAL PROPOSAL

AMENDED PROPOSAL

(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
influence the
energy generation and other factors that
net energy demand;

1. building: a roofed construction having walls,

for which
‘building’
energy is used to condition the indoor climate;
can refer to a building as a whole or to parts of the
structure that have been designed or altered to be used
separately;

associated with the

2. energy performance of a building: the total energy efficiency
of a building as reflected in the relative amount of energy
the different
estimated and actually consumed to meet
needs
the
standardised use of
alia heating, water heating,
building including inter
cooling, ventilation and lighting. This amount shall be
reflected in one or more numeric indicators that have
been
that
influence energy demand, namely insulation, air tightness,
technical and installation characteristics, design and posi-
tioning in relation to climatic aspects, solar exposure and
use,
influence of neighbouring structures, own and
renewable energy generation and other factors, including
indoor climate;

calculated,

account

factors

taking

into

3. minimum energy performance

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

Unchanged

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;

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 buildings
larger than 1 000 m2;

6. CHP

(combined

simultaneous
conversion of primary fuels into mechanical or electrical
energy and heat;

power):

heat

and

the

Unchanged

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;

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

9. effective

rated output

(expressed in kW):

the maximum
calorific output laid down and guaranteed by the manu-
facturer as being deliverable during continuous operation
while complying with the useful efficiency indicated by the
manufacturer;

Unchanged

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INITIAL PROPOSAL

AMENDED PROPOSAL

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.

1. Member States shall apply a methodology of calculation
of the energy performance of buildings on the basis of the
framework set out under heading A 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.

2.
Parts 1 and 2 of this framework shall be adapted to
technical progress in accordance with the procedure referred
to in Article 12.

Such adaptation shall take into account those standards and
norms at national
level which may usefully serve in the
promotion at best practices within the community.

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

Deleted

Article 4

Unchanged

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.

1. 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 general framework set out under heading A in
the Annex.

When setting requirements, Member States may differentiate
between new and existing buildings and different categories
of buildings. These requirements shall take account of general
indoor climate conditions in order to avoid possible negative
effects and of best practice.

These energy performance requirements shall be reviewed at
regular intervals which shall not be longer than 5 years and, if
necessary, updated in order to reflect technical progress in the
building sector.

indoor

general

standards

should include

These
climate
requirements in order to avoid possible negative effects such
as inadequate ventilation. These energy performance standards
shall be updated at least every five years in order to reflect
technical progress in the building sector. Member States may
exclude historic buildings, temporary buildings, industrial sites,
workshops and residential buildings which are not used as
normal residences.

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INITIAL PROPOSAL

AMENDED PROPOSAL

2. Member States may decide not
to set or apply the
requirements referred to in paragraph 1 for the following
categories:

(a) buildings and monuments officially protected as part of a
designated environment or because of their special archi-
tectural or historical merit, where compliance would unac-
ceptably alter their character or appearance;

(b) buildings used as places of worship and for religious

activities;

(c) temporary buildings with a planned time of use of 2 years
or less, industrial sites, workshops and non-residential agri-
cultural buildings with low energy demand and non-resi-
dential agricultural buildings which are in use by a sector
sectoral agreement on energy
covered by a national
performance;

(d) residential buildings which are intended to be used less

than 4 months of the year;

(e) stand-alone buildings with a total useful floor area of less

than 50 m2.

Article 5

For new buildings with a total surface area over 1 000 m2,
Member States shall ensure that the technical, environmental
and economic feasibility of
installing decentralised energy
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.

surface area over
1.
For new buildings with a total
1 000 m2, Member States shall ensure that
the technical,
environmental and economic feasibility of
installing decen-
tralised energy 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 stake-
holders for consultation.

Article 5

Deleted

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 in so far as 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.

undergo major

2. Member States shall
take the necessary measures to
ensure that when buildings with a total useful floor area over
1 000 m2
energy
performance
to meet minimum
requirements in so far as this is technically, functionally and
economically feasible, with the requisite investment being
economically viable.

is upgraded in order

renovation,

their

Member States shall derive these minimum energy performance
requirements on the basis of
energy performance
requirements set for buildings in accordance with Article 3.

the

a whole or

The requirements may be set either for the renovated building
as
systems or
components when these are part of a renovation to be
carried out within a limited time period, with the objective
of improving the overall energy performance of the building.

energy-consuming

the

for

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INITIAL PROPOSAL

AMENDED PROPOSAL

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.

3.
Paragraphs 1 and 2 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

Unchanged

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

sold or

Certification for apartments or units designed for separate use
in blocks can be based:

(a) on a common certification of the whole building for blocks

with a common heating system;

(b) on the assessment of another representative apartment in

the same block.

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

Member States may exclude from the application of the first
sub-paragraph the categories referred to in Article 4(2).

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.

information for prospective users.

The energy performance certificate for buildings shall
2.
include information in the form of reference values such as
current legal standards and benchmarks 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.

Unchanged

The information and recommendations
shall be open to
amendment in accordance with the procedure referred to in
Article 12(2).

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.

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:

Unchanged

(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.

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INITIAL PROPOSAL

Article 7

AMENDED PROPOSAL

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.

Member States shall
establish a regular inspection:

lay down the necessary measures to

(a) of boilers of an effective output of more than 10 kW of
which the requirements are set out under heading B in the
Annex,

(b) of central air conditioning systems of an effective output of
more than 12 kW of which the requirements are set out
under heading C in the Annex,

These requirements shall be further developed and defined in
accordance with the procedure referred to in article 11(2).

Those requirements shall be amended in accordance with the
procedure referred to in article 12(2).

Article 8

Deleted

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
in the Annex. These
which the requirements are set out
requirements
shall be further developed and defined in
accordance with the procedure referred to in article 11(2).

Article 9

Article 8

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.

Member States shall ensure that the certification of buildings,
the drafting of the accompanying recommendations and the
inspection of boilers and air-conditioning systems — whether
performed by public bodies or by private-entreprise bodies
authorised to do so — are carried out in an independent
manner by qualified and/or accredited experts.

Article 9

The Commission shall, assisted by the committee referred to in
Article 12(1), evaluate the Directive in the light of
the
experience gained during its operation no later than five
if necessary,
its entry into force, and shall,
years after
propose to the European Parliament and Council the appro-
priate amendments.

As a part of this evaluation the Commission shall consider:

(a) measures making existing buildings with a total surface area
of less than 1 000 m2 which are being renovated subject to
the requirements laid down in Article 5;

(b) general

incentives

buildings not undergoing major renovations,
reconcile the disparate interests of landlord and tenant.

for energy efficiency investments in
in order to

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INITIAL PROPOSAL

AMENDED PROPOSAL

Article 10

Member States shall take the necessary measures to inform the
users of buildings as to the different methods and practices that
serve to enhance energy performance.

The Commission shall assist Member States in staging the
information campaigns concerned, which may be dealt with
in Community programmes.

Article 10

Article 11

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).

Any amendments necessary in order to adapt the Annex to
technical progress shall be adopted in accordance with the
procedure referred to in Article 12(2).

Article 11

Article 12

1.
The Commission shall be assisted by the committee
established by Article 10 of Council Directive 92/75/EEC (1),
hereinafter
the ‘committee’, composed of
the Member States and chaired by the
representatives of
representative of the Commission.

referred to as

1.
The Commission shall be assisted by the committee
established by Article 10 of Council Directive 92/75/EEC (1)
composed of
the Member States and
representatives of
chaired by the representative of the Commission.

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.

2. Where reference is made to this paragraph, Article 5 of
Decision 1999/468/EC, having regard to the provisions of
Article 7 and Article 8 thereof, shall apply.

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

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

The period provided for
1999/468/EC shall be three months.

in Article 5(6) of Decision

3.

The Committee shall adopt its rules of procedure.

Article 12

Article 13

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.

1. Member States shall bring into force the laws, regulations
and administrative provisions to comply with this Directive by
[date to be provided].

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.

Unchanged

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

law which they adopt

Article 13

Article 14

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

Unchanged

Article 14

Article 15

This Directive is addressed to the Member States.

Unchanged

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

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

C 203 E/80

EN

Official Journal of the European Communities

27.8.2002

INITIAL PROPOSAL

AMENDED PROPOSAL

A. Framework for the calculation of energy performances of

Unchanged

buildings (Article 3)

ANNEX

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

(g) indoor climatic conditions

(h) elements, products or components whose thermal or energy
characteristics
the
methodology adopted in the framework of the ‘Construction
Products Directive’
(89/106/EEC) or national standards when
European standards do not yet exist.

accordance with

determined

are

in

2. The positive influence of the following aspects shall in this calcu-

Unchanged

lation 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) wholesale and retail trade services buildings

(h) other types of energy consuming buildings

(i) other types of energy consuming buildings

(g) sports facilities

27.8.2002

EN

Official Journal of the European Communities

C 203 E/81

INITIAL PROPOSAL

AMENDED PROPOSAL

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

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

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

Unchanged

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

C. Requirements for the inspection of central air conditioning

systems (Article 8)

systems (Article 7, point (b))

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

Unchanged

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.