Common Position (EC) No 46/2002 of 7 June 2002 adopted by the Council, acting in accordance with the procedure referred to in Article 251 of the Treaty establishing the European Community, with a view to adopting a Directive of the European Parliament and of the Council on the energy performance of buildings
Date: 2002-06-07
Institutions: Council of the European Union
Subjects: Community certification, European standard, boiler, building, building services, energy policy, energy saving, security of supply, thermal insulation

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COMMON POSITION (EC) No 46/2002

adopted by the Council on 7 June 2002

with a view to the adoption of a Directive 2002/. . ./EC of the European Parliament and of the
Council of . . . on the energy performance of buildings

(2002/C 197 E/02)

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE
EUROPEAN UNION,

Having regard to the Treaty establishing the European
Community, and in particular Article 175(1) thereof,

Having regard to the proposal from the Commission (1),

Having regard to the opinion of the Economic and Social
Committee (2),

Having regard to the opinion of
Regions (3),

the Committee of

the

Acting in accordance with the procedure laid down in Article
251 of the Treaty (4),

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 the prudent and rational utili-
sation of which 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.

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

(1) OJ C 213 E, 31.7.2001, p. 266.
(2) OJ C 36, 8.2.2002, p. 20.
(3) Opinion delivered on 15 November 2001 (OJ C 107, 3.5.2002,

p. 76).

(4) Opinion of the European Parliament of 6 February 2002 (not yet
published in the Official
Journal), Council Common Position of
7 June 2002 and Decision of the European Parliament of . . . (not
yet published in the Official Journal).

(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.

(7) Council Directive 93/76/EEC of 13 September 1993 to
limit carbon dioxide emissions by improving energy effi-
ciency (SAVE) (5), 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
complementary legal
instrument is needed to lay down
more concrete actions with a view to achieving the
great unrealised potential
and
reducing the large differences between Member States'
results in this sector.

savings

energy

for

(8) Council Directive 89/106/EEC of 21 December 1988 on
the approximation of laws, regulations and administrative
provisions of the Member States relating to construction
products (6) requires construction works and their heating,
cooling and ventilation installations to be designed and
built in such a way that the amount of energy required
in use will be low, having regard to the climatic
conditions of the location and the occupants.

(9) The measures further to improve the energy performance
of buildings should take into account climatic and local
conditions as well as indoor climate environment and
cost-effectiveness. They should not contravene other
such as
essential
accessibility, prudence and the intended use of
the
building.

concerning buildings

requirements

level, that includes,

(10) The energy performance of buildings should be calculated
on the basis of a methodology, which may be differ-
entiated at regional
in addition to
thermal insulation other factors that play an increasingly
important role such as heating and air-conditioning instal-
lations, application of
renewable energy sources and
the building. A common approach to this
design of
process,
accredited
carried out by qualified and/or
experts, whose independence is to be guaranteed on the
basis of objective criteria, will contribute to a level playing
field as regards efforts made in Member States to energy
saving in the buildings sector and will
introduce trans-
parency for prospective owners or users with regard to
the energy performance in the Community property
market.

(5) OJ L 237, 22.9.1993, p. 28.
(6) OJ L 40, 11.2.1989, p. 12.

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(11) The Commission intends further to develop standards
such as EN 832 and prEN 13790, also including
consideration of air conditioning systems and lighting.

energy

factors

relevant

(12) Buildings will have an impact on long-term energy
consumption and new buildings should therefore meet
minimum energy performance requirements tailored to
the local climate. Best practice should in this respect be
geared to the optimum use of
to
enhancing energy performance. As the application of
alternative
is generally not
explored to its full potential, the technical, environmental
and economic feasibility of alternative energy supply
systems should be considered; this can be carried out
through a study which
once, by the Member State,
produces a list of energy conservation measures,
for
average
conditions, meeting cost-effec-
specific
tiveness
studies may be requested if the measure, or measures,
are deemed feasible.

local market
criteria. Before

construction starts,

systems

supply

(13) Major renovations of existing buildings above a certain
size should be regarded as an opportunity to take cost-
effective measures to enhance energy performance. Major
renovations are cases such as those where the total cost of
the renovation related to the building shell and/or energy
installations such as heating, hot water supply, air-condi-
tioning, ventilation and lighting is higher than 25 % of the
value of the building, excluding the value of the land
upon which the building is situated, or those where
more than 25 % of the building shell undergoes reno-
vation.

(14) However,

the

improvement of

energy
performance of an existing building does not necessarily
mean a total renovation of the building but could be
confined to those parts that are most relevant for the
energy performance of the building and are cost-effective.

the overall

(15) Renovation requirements for existing buildings should not
be incompatible with the intended function, quality or
character of
should be possible to
recover additional costs involved in such renovation
within a reasonable period of time in relation to the
expected technical lifetime of the investment by accrued
energy savings.

the building.

It

(16) The

supported

certification

to facilitate

be
access

process may
equal

by
programmes
to improved
energy performance; based upon agreements between
organisations of stakeholders and a body appointed by
carried out by energy service
the Member States;
to
companies which agree
undertake
schemes
the
adopted should be supervised and followed up by
Member States, which should also facilitate the use of
incentive systems. To the extent possible, the certificate

identified investments. The

to commit

themselves

should describe the actual energy-performance situation of
the building and may be revised accordingly. 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 officially recommended indoor temperatures,
together with the actual measured temperature, should
discourage the misuse of heating, air-conditioning and
ventilation systems. This should contribute to avoiding
unnecessary
safeguarding
energy
comfortable indoor climatic conditions (thermal comfort)
in relation to the outside temperature.

certificates. Moreover,

energy

these

and

use

to

of

considerable problems

(17) 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
given
thermal
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

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

in Article 5 of

(19) In accordance with the principles of subsidiarity and
the Treaty,
proportionality as set out
general principles providing for a system of energy
performance requirements and its objectives should be
established
detailed
implementation should be left to Member States, thus
allowing each Member State to choose the regime
which corresponds best to its particular situation. This
Directive confines itself
to the minimum required in
order
to achieve those objectives and does not go
beyond what is necessary for that purpose.

at Community

level,

but

the

(20) Provision should be made for the possibility of rapidly
adapting the methodology of calculation and of Member
States regularly reviewing minimum requirements in the
field of energy performance of buildings with regard to
technical progress and to future developments in stan-
dardisation.

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(21) 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:

Article 1

Objective

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

This Directive lays down requirements as regards:

(a) the general framework for a methodology of calculation of

the integrated energy performance of buildings;

(b) the application of minimum requirements on the energy

performance of new buildings;

of a building calculated according to a methodology based
on the general framework set out in the Annex;

4. CHP

(combined heat

simultaneous
conversion of primary fuels into mechanical or electrical
and thermal energy, meeting certain quality criteria of
energy efficiency;

and power):

the

5. air conditioning system: a combination of all components
required to provide a form of air treatment
in which
temperature is controlled or can be lowered, possibly in
combination with the control of ventilation, humidity and
air cleanliness;

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

7. effective rated output

(expressed in kW):

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

(c) the application of minimum requirements on the energy
performance of large existing buildings that are subject to
major renovation;

8. heat pump: a device or installation that extracts heat at low
temperature from air, water or earth and supplies the heat
to the building.

(d) energy certification of buildings; and

(e) regular

inspection of boilers and of air-conditioning
systems in buildings and in addition an assessment of the
heating installation in which the boilers are more than 15
years old.

Article 2

Definitions

Article 3

Adoption of a methodology

Member States shall apply a methodology, at national or
regional
level, of calculation of the energy performance of
buildings on the basis of the general framework set out in
the Annex. Parts 1 and 2 of this framework shall be adapted
to technical progress in accordance with the procedure referred
to in Article 14(2), taking into account standards or norms
applied in Member State legislation.

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

This methodology shall be set at national or regional level.

1. building: a roofed construction having walls,

for which
energy is used to condition the indoor climate; a building
may refer to the building as a whole or parts thereof that
have been designed or altered to be used separately;

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,
technical and installation characteristics, design and posi-
tioning in relation to climatic aspects, solar exposure and
influence of neighbouring structures, own-energy generation
and other factors, including indoor climate, that influence
the energy demand;

3. energy performance certificate of a building: a certificate
recognised by the Member State or
legal person
designated by it, which includes the energy performance

a

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

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

Article 4

Setting of energy performance requirements

1. Member States shall
take the necessary measures to
ensure that minimum energy performance requirements for
buildings are set, based on the methodology referred to in
Article 3. 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 such as inadequate ventilation, as well as local
conditions and the designated function and the age of the
regular
building. These requirements shall be reviewed at
intervals which should not be longer than 5 years and,
if
necessary, updated in order to reflect technical progress in
the building sector.

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The energy performance requirements shall be applied in

2.
accordance with Articles 5 and 6.

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

— buildings and monuments officially protected as part of a
designated environment or because of their special archi-
tectural or historic merit, where compliance with the
requirements would unacceptably alter their character or
appearance,

— buildings used as places of worship and for religious

activities,

— 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
covered by a national
sectoral agreement on energy
performance,

— residential buildings which are intended to be used less

than 4 months of the year,

their

renovation,

energy performance

is
undergo major
upgraded in order to meet minimum requirements in so far
as this is technically, functionally and economically feasible.
Member States shall derive these minimum energy performance
energy performance
requirements on the basis of
requirements set for buildings in accordance with Article 4.
The
renovated
building as a whole or
renovated systems or
for
components when these are part of a renovation to be
carried out within a limited time period, with the abovemen-
tioned objective of improving the overall energy performance
of the building.

requirements may be

set either
the

the

the

for

Article 7

Energy performance certificate

sold or

1. Member States shall ensure that, when buildings are
rented out, an energy performance
constructed,
certificate is made available to the owner or by the owner to
the prospective buyer or tenant, as the case might be. The
validity of the certificate shall not exceed 10 years.

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

— stand-alone buildings with a total useful floor area of less

than 50 m2.

— on a common certification of the whole building for blocks

with a common heating system,

Article 5

New buildings

or

Member States shall take the necessary measures to ensure that
new buildings meet
the minimum energy performance
requirements referred to in Article 4.

— on the assessment of another representative apartment in

the same block.

For new buildings with a total useful floor area over 1 000 m2,
Member States shall ensure that the technical, environmental
and economic feasibility of alternative systems such as:

— decentralised energy supply systems based on renewable

energy,

— CHP,

— district or block heating or cooling, if available,

— heat pumps, under certain conditions,

is considered and is taken into account before construction
starts.

Article 6

Existing buildings

Member States shall take the necessary measures to ensure that
when buildings with a total useful floor area over 1 000 m2

Member States may exclude the categories referred to in Article
4(3) from the application of this paragraph.

2.
The energy performance certificate for buildings shall
include 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 cost-effective improvement of the energy performance.

the certificates

The objective of
shall be limited to the
provision of information and any effects of these certificates
in terms of legal proceedings or otherwise shall be decided in
accordance with national rules.

3. Member States shall take measures to ensure that for
floor area over 1 000 m2
buildings with a total useful
occupied by public authorities and by institutions providing
public services to a large number of persons and therefore
frequently visited by these persons an energy certificate, not
older than 10 years,
is placed in a prominent place clearly
visible to the public.

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The range of recommended and current indoor temperatures
and, when appropriate, other relevant climatic factors may also
be clearly displayed.

Article 10

Independent experts

Article 8

Inspection of boilers

With regard to reducing energy consumption and limiting
carbon dioxide emissions, Member States shall either:

(a)

lay down the necessary measures to establish a regular
inspection of boilers fired by non-renewable liquid or
solid fuel of an effective rated output of 20 to 100 kW.
Such inspection may also be applied to boilers using other
fuels.

Boilers of an effective rated output of more than 100 kW
shall be inspected at least every 2 years. For gas boilers, this
period may be extended to 4 years.

shall

For heating installations with boilers of an effective rated
output of more than 20 kW which are older than 15
years, Member States
lay down the necessary
measures to establish a one-off inspection of the whole
heating installation. On the basis of
inspection,
which shall include an assessment of the boiler efficiency
and the boiler sizing compared to the heating requirements
of the building, the experts shall provide advice to the users
on the replacement of the boilers, other modifications to
the heating system and on alternative solutions;

this

or

(b) take steps to ensure the provision of advice to the users on
the replacement of boilers, other modifications to the
heating system and on alternative solutions which may
include inspections to assess the efficiency and appropriate
impact of this approach
size of the boiler. The overall
should be broadly equivalent
to that arising from the
provisions set out in (a). Member States that choose this
option shall submit a report on the equivalence of their
approach to the Commission every two years.

Member States shall ensure that the certification of buildings,
the drafting of the accompanying recommendations and the
inspection of boilers and air-conditioning systems are carried
out in an independent manner by qualified and/or accredited
experts, whether operating as sole traders or employed by
public or private-enterprise bodies.

Article 11

Review

The Commission, assisted by the Committee established by
shall evaluate this Directive in the light of
Article 14,
experience gained during its application, and,
if necessary,
make proposals with respect to, inter alia:

(a) possible complementary measures referring to the reno-
floor area less

vations in buildings with a total useful
than 1 000 m2;

(b) general incentives for further energy efficiency measures in

buildings.

Article 12

Information

Member States may take the necessary measures to inform the
users of buildings as to the different methods and practices that
serve to enhance energy performance. Upon Member States'
request, the Commission shall assist Member States in staging
the information campaigns concerned, which may be dealt
with in Community programmes.

Article 13

Adaptation of the framework

Parts 1 and 2 of
intervals, which shall not be shorter than 2 years.

the Annex shall be reviewed at regular

Article 9

Inspection of air-conditioning systems

Any amendments necessary in order to adapt Parts 1 and 2 of
the Annex to technical progress shall be adopted in accordance
with the procedure referred to in Article 14(2).

With regard to reducing energy consumption and limiting
carbon dioxide emissions, Member States shall lay down the
inspection of
necessary measures
air-conditioning systems of an effective rated output of more
than 12 kW.

to establish a regular

This inspection shall include an assessment of the air-condi-
tioning efficiency and the sizing compared to the cooling
requirements of
the building. Appropriate advice shall be
provided to the users on possible improvement or replacement
of the air-conditioning system and on alternative solutions.

Article 14

Committee

1.

The Commission shall be assisted by a Committee.

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

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The period laid down in Article 5(6) of Decision 1999/468/EC
shall be set at three months.

3.

The Committee shall adopt its rules of procedure.

Commission, providing the appropriate justification together
with a time schedule with respect to the further implemen-
tation of this Directive.

Article 15

Transposition

1. Member States shall bring into force the laws, regulations
and administrative provisions necessary to comply with this
Directive at the latest on . . . (*). They shall forthwith inform
the Commission thereof.

When Member States adopt these measures, 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.

2. Member States may, because of lack of qualified and/or
accredited experts, have an additional period of 4 years to
apply fully the provisions of Articles 7, 8 and 9. When
making use of this option, Member States shall notify the

Article 16

Entry into force

This Directive shall enter into force on the day of its publi-
cation in the Official Journal of the European Communities.

Article 17

Addressees

This Directive is addressed to the Member States.

Done at . . .

For the European Parliament

The President

For the Council

The President

(*) 36 months after the entry into force of this Directive.

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General Framework for the calculation of energy performance of buildings (Article 3)

ANNEX

1. The methodology of calculation of energy performances of buildings shall include at least the following aspects:

(a)

thermal characteristics of the building (shell and internal partitions, etc.). These characteristics may also include
air-tightness

(b) heating installation and hot water supply, including their insulation characteristics

(c) air-conditioning installation

(d) ventilation

(e) built-in lighting installation (mainly the non-residential sector)

(f) position and orientation of buildings, including outdoor climate

(g) passive solar systems and solar protection

(h) natural ventilation

(i)

indoor climatic conditions, including the designed indoor climate.

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

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

(b) electricity produced by CHP

(c) district or block heating and cooling systems

(d) natural lighting.

3. For the purpose of this calculation buildings should be adequately classified into categories such as:

(a) single-family houses of different types

(b) apartment blocks

(c) offices

(d) education buildings

(e) hospitals

(f) hotels and restaurants

(g) sports facilities

(h) wholesale and retail trade services buildings

(i) other types of energy-consuming buildings.

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STATEMENT OF THE COUNCIL'S REASONS

I. INTRODUCTION

1. On 14 May 2001, the Commission presented a proposal (1) based on Article 175(1) of the Treaty.

2. The Economic and Social Committee delivered its Opinion (2) on 17 October 2001.

3. The European Parliament adopted its Opinion at first reading on 6 February 2002, approving 30
amendments. In the light of this opinion the Commission presented a modified proposal on
18 April 2002.

4. On 7 June 2002, the Council adopted its Common Position in accordance with Article 251 of the

Treaty.

II. OBJECTIVE OF THE PROPOSAL

5. The proposal aims to promote the improvement of the energy performance of buildings. The main
elements of the proposal, the practical application of which will remain the responsibility of
Member States, are: a general
the energy
performance of buildings; the application of minimum requirements for new buildings and for
existing buildings over 1 000 m2, when these are subject to major renovation; energy certification
of buildings; and regular inspection of boilers and air-conditioning systems.

framework for a methodology of calculation of

III. ANALYSIS OF THE COMMON POSITION

6. The main changes introduced by the Council are as follows:

7. The Council has clarified that the purpose of the Directive is the promotion of the improvement of
the energy performance of buildings within the Community (Article 1). This objective should be
reached on the basis of a methodology, set at national or regional level and based on a general
framework, set out in the Annex of the Directive. Parts 1 and 2 of this framework shall be adapted
to technical progress in accordance with the comitology (regulatory) procedure referred to in
Article 14.

8. The Council has clarified the definitions of buildings (Article 2, paragraph 1): energy performance
(Article 2, paragraph 2); and energy performance certificate (Article 2, paragraph 3) and deleted
the definitions of public buildings, minimum energy performance standard and useful efficiency as
they served no purpose in the operative part of the common position.

9. In Article 4, Member States are required to ensure that minimum energy performance
requirements are set for buildings. The Council has, however, clearly specified that Member
States, when setting these requirements, may differentiate between new and existing buildings.
Furthermore, certain categories of buildings, such as officially protected monuments, may be
exempted from the setting (or application) of these requirements.

10. Article 5 specifies that all new buildings have to meet

the minimum energy performance
requirements, Article 6 provides that the energy performance of existing buildings of a size of
over 1 000 m2 floor area also have to be upgraded to meet these requirements, but only when
they undergo a major renovation. The definition of what has to be understood by ‘major reno-
vation’ is now left to Member States in order to grant necessary flexibility. However, recital 13
indicates that cases of ‘major renovation’ could include those where the costs of renovation would
amount to at least 25 % of the value of the building, excluding the land upon which the building is
situated, or those where more than 25 % of the building shell undergoes renovation.

11. The energy performance certificate, provided for in Article 7, has been specified both with regard
to its validity (extended from 5 to 10 years) and to the certification of apartments or units
designed for separate use (this may be based on a common certification of the whole building
or on the assessment of a representative apartment in the same block).

(1) OJ C 213 E, 31.7.2001, p. 266.
(2) OJ C 36, 8.2.2002, p. 20.

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12. The provisions regarding the inspection of boilers have been described in full detail in Article 8 (a
description which, in the original proposal, is found in the Annex). This description establishes in
particular that:

— the value of the effective rated output is set at a level between 20 to 100 kW instead of ‘more

than 10 kW’)

— for boilers of more than 100 kW, a differentiated inspection may take place when these boilers

are gas-fired

the Council has considered that Member States could implement either

Furthermore,
the
mandatory inspection scheme or an alternative solution, provided that this alternative has a
broadly equivalent impact.

13. Finally, with regard to the transitional period,

the time period for
the Directive to 36 months (no time-period was defined in the modified
implementing of
it has considered that Member States may, under certain conditions,
proposal);
the
benefit
Directive (Article 15). With regard to this provision, the Commission has made a statement for
the Council's minutes.

from a supplementary period of 4 years for fully applying the provisions of

the Council has set

in addition,

IV. AMENDMENTS ACCEPTED

14. The Council has accepted 17 of the 30 EP amendments, some of them in substance or in principle.

Amendments accepted and integrated:

Amendment 36/rev: related to the use of best practice for enhancing energy performance (recital 12)

Amendment 2: specifies that additional costs involved in renovation should be recovered within a
reasonable time (recital 15)

Amendment 18: clarification of the concept of ‘major renovation’ (recital 13)

Amendment 3: recommendation for subsidy programmes to be created in the Member States to
facilitate equal access to improved energy performance resulting from the certification (recital 16)

Amendment 4: the problem of peak-loads is addressed in recital 17

Amendment 5: further development of standards relating to energy performance in buildings is
envisaged by the Commission (recital 11)

Amendment 8: specifies that regular review is needed in order to adapt minimum requirements to
technical development (recital 20)

Amendment 9: it is specified that outdoor climatic and local conditions are taken into account
(Article 1)

Amendment 10: the definition of building is made clearer by indicating that a building means a
roofed construction having walls (Article 2)

Amendment 15: local conditions and the designated function and age of the building have to be
taken into account within the energy performance requirements (Article 4)

Amendment 19: common certification of the building is possible under certain conditions (Article 7)

Amendment 37/rev: specifies the bodies who are designated to carry out inspections (Article 10)

Amendment 23: the Commission evaluates the Directive and makes proposals with relation to
complementary measures for enhancing energy performance in buildings (Article 11)

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Amendment 24: the Commission will assist Member States in staging information campaigns for
enhancing energy performance (Article 12)

Amendment 25: Member States are given 36 months to transpose the Directive (Article 15)

Amendment 26: the aspect ‘indoor climatic conditions’ has been added to the methodology of
calculation of energy performances (Annex, part 1)

Amendment 29:
(Annex, part 3).

‘sports facilities’

is a further category under which buildings can be classified

V. AMENDMENTS NOT INTEGRATED

15. Amendments not integrated: 1, 6, 7, 11 to 14, 30, 20, 21, 31, 27, 28, of which the Commission

has rejected amendments 1, 12, 13, 30, 21, 27.

The Council considered that these amendments were either too detailed (7, 11, 12, 20), not
consistent with the general objective of the Directive (1, 6, 13, 14, 31, 27, 28), or already
covered by existing provisions.