Proposal for a DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on the energy performance of buildings (recast)
Date: 2008-11-13
Institutions: European Commission
Subjects: European standard, air conditioning, building, codification of EU law, energy policy, energy saving, heating, thermal insulation

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COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 13.11.2008 
COM(2008) 780 final 

2008/0223 (COD) 

Proposal for a 

DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL 

on the energy performance of buildings 

(recast) 

(presented by the Commission) 

{SEC(2008) 2864} 
{SEC(2008) 2865} 

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COMMUNICATION FROM THE COMMISSION 

EXPLANATORY MEMORANDUM 

1. 

CONTEXT OF THE PROPOSAL 

1.1. 

Objective 

The aim of the recast of Directive 2002/91/EC of the European Parliament and of the Council 
of  16  December  2002  on  the  energy  performance  of  buildings1,  hereafter  referred  to  as 
"EPBD",  is  to  clarify  and  simplify  certain  provisions,  extend  the  scope  of  the  Directive, 
strengthen some of its provisions so that their impact is more effective, and to provide for the 
leading  role  of  the  public  sector.  In  doing  so,  the  transposition  and  implementation  of  the 
EPBD is to be facilitated and a significant portion of the remaining cost-efficient potential in 
the  buildings  sector  will  be  reaped.  At  the  same  time,  the  objectives  and  principles  of  the 
current Directive are retained and it is again left to Member States to determine the concrete 
requirements and ways to implement it as before. 

EU policy objectives and the buildings sector 

1.2. 
In  January  2007,  the  Commission  proposed  a  comprehensive  climate  and  energy  package2 
containing  targets  of  20-20-20%  reduction  of  energy  consumption  and  greenhouse  gas 
emissions, and increased share of renewables by 2020. This was endorsed by the 2007 Spring 
European  Council.  These  targets  have  been  adopted  in  the  light  of  the  mounting  scientific 
evidence  of  climate  change,  high  energy  prices  and  the  growing  import  energy  dependency 
and its possible geo-political repercussions. The reduction of energy consumption can clearly 
make a significant contribution to achieving these targets. The buildings sector provides many 
cost-efficient  opportunities  for  action,  while  at  the  same  time  contributing  to  the  welfare  of 
EU citizens. 

The buildings sector – i.e. residential and commercial buildings - is the largest user of energy 
and  CO2  emitter  in  the  EU  and  is  responsible  for  about  40%  of  the  EU's  total  final  energy 
consumption  and  CO2  emissions.  The  sector  has  significant  untapped  potential  for  cost-
effective  energy  savings  which,  if  realized,  would  mean  that  in  2020  the  EU  will  consume 
11% less final energy. This in turn translates to a number of benefits, such as reduced energy 
needs, reduced import dependency and impact on climate, reduced energy bills, an increase in 
jobs and the encouragement of local development.  

Buildings essentially correspond to the needs and preferences of all European citizens in their 
specific  environments  and  are  therefore  often  regarded  as  a  key  matter  of  competence  for 
local,  regional  and  national  authorities.  At  the  same  time,  construction  products,  appliances 
and services are an important part of the EU internal market and nowadays many workers and 
businesses  are  not  limited  to  a  single  country.  Furthermore,  the  building  sector  is  crucial  to 
meet the energy and climate objectives at the least possible cost to individuals and society in 
all countries and the added value of common efforts is significant. This further justifies action 
at EU level.  

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OJ L 1, 4.1.2003, p. 65–71 
COM (2007) 1 

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2. 

EXISTING COMMUNITY PROVISIONS 

2.1. 

Energy Performance of Buildings Directive  

The  EPBD  is  the  main  Community  legal  tool  that  provides  for  a  holistic  approach  towards 
efficient energy use in the buildings sector. The EPBD's main objective is to promote the cost-
effective  improvement  of  the  overall  energy  performance  of  buildings.  Its  provisions  cover 
energy needs  for  space  and hot  water heating, cooling, ventilation and lighting for new and 
existing, residential and non-residential buildings. Most of the existing provisions apply to all 
buildings,  regardless  of  their  size  and  whether  in  residential  or  non-residential  use.  Some 
provisions  only  apply  to  specific  building  types.  The  Directive  combines,  in  a  legal  text, 
different  regulatory  (such  as  the  requirement  for  Member  States  to  set  energy  performance 
requirements  for  new  and  large  existing  buildings  that  undergo  major  renovation)  and 
information-based instruments (such as energy performance certificates, inspection of heating 
and air-conditioning requirements). 

The EPBD does not fix EU-wide levels, but requires Member States to lay down the concrete 
requirements  and  relevant  mechanisms.  Thus,  its  approach  takes  national/regional  boundary 
conditions,  like  outdoor  climate  and  individual  building  traditions  fully  into  consideration. 
Member  States  can  go  beyond  the  minimum  requirements  set  in  the  Directive  and  be  more 
ambitious.  There  was  a  delay  in  the  EPBD's  implementation,  but  now  22  Member  States 
declare  full  transposition  (under  evaluation  by  the  Commission).  One  of  the  main 
contributions  of  the  EPBD  so  far,  has  been  in  bringing  energy  efficiency  in  buildings  onto 
political agendas, its' integration into building codes and to the attention of citizens.  

2.2. 

Other regulatory instruments  

Apart from the EPBD, there are a number of other Directives dealing with energy aspects in 
the  buildings  context,  e.g.  Eco-design  of  Energy-using  Products  Directive  (2005/32/EC)3, 
Directive  on  the  Promotion  of  Cogeneration  (2004/8/EC)4,  Energy  End-use  Efficiency  and 
Energy Services Directive (2006/32/EC)5, and the proposed Directive on the Promotion of the 
Use of Energy from Renewable Sources6. Relevant provisions on buildings can also be found 
in the Construction Products Directive (89/106/EEC)7; and in the Sustainable Production and 
Consumption and Sustainable Industrial Policy Action Plan8.  

Although these Directives are not explicitly mentioned in the proposal, as this is not a legal 
practice, they are an inseparable part of a mix of tools to promote sustainable construction and 
use of the EU buildings stock and Member States shall also take them into full account when 
developing their policies for the sector. 

2.3. 

Need for further action? 

Despite  the  actions  already  undertaken,  very  large  cost-efficient  energy  saving  potential 
remains  unexploited.  This  means  that  a  lot  of  the  potential  social,  economic  and 
environmental benefits at national and EU level are not fully taken advantage of. This is due 
to  the  complexity  of  the  sector  and  the  existence  of  market  failures,  but  also  to  some 
limitations  of  the  wording  and  scope  of  some  provisions  of  the  current  EPBD  and  the  low 
level of ambition of its implementation by some Member States.  

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OJ L 191, 22.7.2005, p. 29-58. 
OJ L 52, 21.2.2004, p. 50-60. 
OJ L 191 , 22.07.2005, p. 29-58.  
COM(2008) 30 
OJ L 40, 11.2.1989, p.12-26 
COM(2008) 397/3 

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3. 

CONSULTATIONS WITH INTERESTED PARTIES AND IMPACT ASSESSMENT 

3.1. 

Consultations, data collection and use of expertise 

The EPBD recast proposal has been developed on the basis of a broad range of contributions 
from  Member  States  and  interested  parties,  provided  on  various  occasions  including  public 
online  consultation.  Comprehensive  analysis  of  the  impacts  of  the  various  options  proposed 
was  carried  out  with  consideration  being  given  to  their  economic,  social  and  environmental 
impacts and taking into account the subsidiarity and proportionality principles.  

3.2. 

Impact Assessment 

The  Impact  Assessment  (IA)  clearly  demonstrated  that  the  revision  of  the  EPBD  is  the 
appropriate  action  to  meet  EU  policy  objectives.  The  current  Directive  will  be  the  starting 
point and form the 'backbone'. However, it should be emphasised that the solution lies in an 
integrated  mix  of  policy  instruments.  Thus,  other  non-regulatory  measures,  although  not 
sufficient  on  their  own,  are  necessary  to  complement  the  implementation  of  the  Directive. 
Therefore,  the  efforts  in  providing  more  information,  training  of  experts,  and  agreeing  on 
voluntary actions should be continued and further developed further. In addition, efforts are 
necessary to set financial and fiscal incentives at the right level to encourage an efficient use 
of resources.  

The IA concluded that several aspects of the EPBD should be addressed in two ways. First, 
clarification  of  ambiguous  wording  needs  to  be  introduced.  Also,  the  use  of  recasting  (vs 
amendment)  was  suggested.  Second,  the  main  pillars  (energy  performance  requirements  for 
new  buildings  and  for  existing  ones  that  undergo  major  renovation;  energy  performance 
certificates;  and  the  inspection  of  heating  and  air-conditioning  systems)  of  the  current 
Directive need to be strengthened. The options analysed within each pillar include a mix of 
policy  instruments  and  also  include  non-regulatory  alternatives.  They  would  allow  for  the 
potential of the current EPBD to be fully realized and for its impact to be widened. 

The  minimum  total  impact  of  the  options  identified  as  being  most  beneficial  and  therefore 
considered to be included in this recast proposal and for which quantification was possible, is 
significant: 

–  60 – 80 Mtoe/year energy savings by 2020, i.e. a reduction of 5-6% of the EU final energy 

in 2020; 

–  160 to 210 Mt/year CO2 savings by 2020, i.e. 4-5% of EU total CO2 emissions in 2020; 

–  280,000 (to 450,000) potential new jobs by 2020, mainly in the construction sector, energy 
certifiers  and  auditors  and  inspectors  of  heating  and  air-conditioning  systems.  New  jobs 
would  also  be  stimulated  by  the  need  for  products,  components  and  material  used  or 
installed in better performing buildings (these have not been quantified in the IA). 

The investment requirements and the administrative costs are relatively low compared to the 
benefits  and  the  returns.  For  example,  abolishing  the  1000  m2  threshold  of  Article  6  of  the 
current EPBD would lead to €8 billion/year ad ditional capital investments, but would trigger 
€25  billion/year  energy  cost  savings  by  2020,  which  also  means  considerable  negative  CO 2 
abatement  costs.  These  calculations  have  been  made  on  the  basis  of  conservative  estimates 
about oil prices. 

The investment requirements are not equally distributed amongst EU citizens, i.e. there will 
be additional costs for those who make major renovations to their buildings or are engaged in 
property transaction. However, with high energy prices these initial investments will generate 

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attractive  returns  and  will  reduce  energy  bills.  This  will  have  positive  direct  and  indirect 
effects throughout the whole economy. 

The overall benefits for society in terms of reduction of energy consumption and thus reduced 
CO2  emissions  and  energy  import  dependency,  job  creation,  positive  health  and  labour 
productivity  far  exceed  the  costs  of  the  measures  analysed.  Investments  on  energy  savings 
that pay for themselves by making the use of primary energy efficient also increase welfare.  

Nevertheless, some of the requirements might be a burden to some low income households. 
Improvement of the quality of buildings is important way to achieving long-term solutions to 
the  problems  of  high  energy  bills  and  for  a  better  quality  of  life  and  other  measures  at  the 
disposal  of  Member  States  should  be  used  to  support  those  in  such  need.  The  revised 
Directive  supports  the  case  of  targeted  funding  tools.  For  example,  it  provides  the  basis  for 
linking  energy  efficiency  improvements  included  in  the  recommendations  of  the  certificate 
and financial incentives. 

The  IA  document  published  and  its  annexes  provide  detailed  information  on  the  various 
options  considered  and  their  impact,  as  well  as  the  methodological  approach  for  their 
evaluation. 

4. 

BUDGETARY IMPLICATIONS 

Member States authorities, in their replies to a questionnaire prepared by the Commission for 
the revision, estimated that the budgetary implications resulting from the Directive are not too 
substantial.  In  addition,  the  administrative  impact  is  moderate.  Reducing  unproductive 
primary  energy  consumption  in  the  buildings  sector  will  lead  to  cuts  in  expenditure  for 
households,  businesses  and  public  authorities  managing  and  using  these  buildings.  The 
monetary  and  economic  benefits  will  be  higher  than  the  additional  costs  of  realising  the 
investments to save energy. The administrative costs and investments required are discussed 
in  detail  in  the  IA  document.  No  substantial  costs  for  the  Community  budget  have  been 
identified. 

The  enhanced  requirements  would  increase  the  workload  for  the  Commission  and  would 
require additional personnel (approximately three full-time officials). 

5. 

LEGAL ELEMENTS OF THE PROPOSAL 

5.1. 

Summary of the proposed action 

In the proposal the objectives and main principles of the current EPBD are retained and the 
role  of  Member  States  in  setting  up  the  concrete  requirements  is  also  the  same  as  in  the 
current EPBD. The administrative burdens are kept to a minimum, but developed in order to 
achieve maximum effect. It is crucial that the current EPBD be properly implemented and on 
time. This proposal should not be an excuse to delay implementation of the current Directive. 
The proposal clarifies, strengthens and extends the scope of the current EPBD's provisions by; 

–  Introducing clarification of the wording of certain provisions; 

–  Extending the scope of the provision requiring Member States to set up minimum energy 

performance requirements when a major renovation is to be carried out ; 

–  Reinforcing the provisions on energy performance certificates, inspections of heating and 
air-conditioning systems, energy performance requirements, information, and independent 
experts; 

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–  Providing  Member  States  and  interested  parties  with  a  benchmarking  calculation 
the  nationally/regionally  determined  minimum  energy 

instrument,  which  allows 
performance requirements ambition to cost-optimal levels to be compared; 

–  Stimulating Member States to develop frameworks for higher market uptake of low or zero 

energy and carbon buildings; 

–  Encouraging a more active involvement of the public sector to provide a leading example. 

5.2. 

Legal basis 

Energy  efficiency  of  buildings  has  an  important  place  in  Community  environmental  policy. 
Therefore, the current EPBD has been based on Art. 175(1) of the EC Treaty. This remains 
unchanged. 

5.3. 

EU's right to act, subsidiarity and proportionality 

The instruments on energy efficiency adopted at EU level reflect the growing importance of 
energy  as  a  political  and  economic  challenge  and  its  close  interrelation  to  policy  areas  of 
security  of  energy  supply,  climate  change,  sustainability,  the  environment,  internal  market, 
and economic development.  

The  buildings  sector  is  responsible  for  about  half  of  the  CO2  emissions  not  covered  by  the 
Emission  Trading  Scheme  and  has  significant  CO2  reduction  potential  at  negative  or  low 
abatement costs. The characteristics of the buildings sector limit the rate of energy efficiency 
gains. The construction products, appliances and services related to buildings are an important 
part of the EU internal market. Without assurance that EU-wide market conditions are firmly 
established  and  long-lasting,  businesses  are  not  likely  to  respond  rapidly  to  the  growing 
demand  for  energy  efficiency  services.  In  addition,  with  the  increasing  mobility  of  workers 
and number of businesses with operations across the EU, measures creating more comparable 
national  regulatory  conditions  would  decrease  the  administrative  burden  and  increase 
opportunities for productivity gains for them.  

Energy  efficiency  objectives  could  so  far  not  be  sufficiently  achieved  by  Member  States 
alone,  and  action  at  Community  level  is  needed  to  facilitate  and  support  the  uptake  of 
activities  at  national  level.  The  main  elements  of  the  current  EPBD  have  already  been 
considered pointing the context of subsidiarity and proportionality principles and the practice 
has  demonstrated  the  appropriateness  of  the  approach.  In  the  proposed  text  both  principles 
have been respected. The emphasis is on the establishment of a common approach that creates 
the  basis  for  coherent  and  mutually  reinforcing  mechanisms  for  energy  efficiency 
improvements,  while  at  the  same  time  Member  States  retain  control  over  setting  the 
individual requirements and ways to implement them.  

5.4. 

Choice of legal instrument 

The  energy  of  buildings  energy  efficiency  is  part  of  the  Commission's  Better  Regulation 
Strategy,  in  particular  of  the  Action  Plan  "Simplifying  and  improving  the  regulatory 
environment"9.  It  is  proposed  that  the  recasting  technique  is  used  as  it  improves  readability 
and facilitates its comprehension.  

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COM/2002/0278 final 

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6. 

CONTENTS OF THE PROPOSAL 

A  number  of  modifications  are  made  to  the  text  with  some  of  them  being  adaptations, 
clarifications and minor corrections of the text, whilst others provide for the insertion of new 
provisions. The latter are described below. 

Preamble  

Some recitals are up-dated or adapted. 

Art. 1. Subject matter 

A reference is inserted to indicate new requirements on: (i) national plans for increasing the 
number of buildings of which both CO2–emissions and primary energy consumption are low 
or equal to zero, and (ii) independent control systems for the energy performance certificates 
and the inspection reports.  

Art. 2. Definitions 

Clarifications  to  several  terms  are  introduced  and  new  definitions  are  added  wherever 
necessary.  

Art. 3. Adoption of a methodology 

The text is adapted and the technical details it contained are moved to Annex I. 

Art. 4. Setting of minimum energy performance requirements 

At  present,  the  energy  performance  requirements,  as  established  by  Member  States,  vary 
considerably  in  their  level  of  ambition,  with  some  being  far  from  cost-optimal  levels.  This 
means that an opportunity for improving the energy performance of a building in an economic 
way and lowering the future energy bills is lost in many constructions and major renovations.  

The text has been modified to ensure that the minimum energy performance requirements of 
buildings  as  set  by  Member  States  gradually  align  with  cost-optimal  levels.  A  four  stages 
approach has been proposed: 

(1)  Member States should set their requirements using their own calculation methodology 

with a view to achieve the cost-optimal levels determined by them;  

(2) 

(3) 

(4) 

The  Commission  will  develop  a  comparative  methodology  and  Member  States  will 
have to use it for comparison purposes only and shall report the results as described in 
Art. 5 below;  

As from 30 June 2014, Member States are no longer able to provide incentives for the 
construction  or  renovation  of  buildings  which  do  not  comply  with  minimum  energy 
performance  requirements  achieving  the  results  of  the  comparative  calculation 
described in Art. 5;  

As  from  30  June  2017,  Member  States,  where  they  review  their  minimum  energy 
performance requirements, shall ensure that these requirements achieve the results of 
the calculation referred to in Article 5(2). 

Art. 5. Calculation of cost-optimal levels of minimum energy performance requirements  

The  abovementioned  comparative  methodology  would  consist  of  a  calculation  methodology 
developed  by  the  Commission  which  would  take  cost-optimal  criteria  into  account  by 
variables  (such  as  investment  costs,  operating  and  maintenance  costs,  incl.  energy  costs). 
Member  States  would  be  required  to  use  this  methodology  in  order  to  calculate  the  cost-
optimal requirements using variables as fixed by them. The results should then be compared 

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with  the  actual  requirements  established  in  the  Member  State,  thus  clearly  indicating  how 
close national requirements are to cost-optimal levels.  

Member  States  shall  report  the  specified  variables,  comparative  calculation  results  and  the 
comparison  to  requirements  laid  down  to  the  Commission,  which  will  publish  progress 
reports.  

Art. 6. New buildings 

The obligation to consider alternative systems for new buildings is extended to all buildings. 
This enlarges the EPBD's scope and supports the EU targets on renewables.  

Although not stated, the implementation of the provisions on the evaluation of the alternative 
systems shall be in line with the requirements under the Directive on the promotion of the use 
of renewable energy sources (COM(2008) 19 final).  

Article 6 (2) is added to ensure that the analysis of the alternative systems is de facto carried 
out and that this is done in a transparent manner. 

Art. 7. Existing buildings 
The threshold of 1000 m2 for meeting of the national/regional minimum energy performance 
requirements  when  the  buildings  undergo  major renovation  is  deleted.  This  threshold  in  the 
current  EPBD  excludes  72%  of  the  buildings  stock  which  disposes  of  an  outstanding,  cost-
effective  energy  saving  potential.  Clearly,  the  best  moment  for  the  introduction  of  energy 
efficiency  measures  is  when  the  building  undergoes  major  renovation  (approx.  every  25-40 
years).  In  this  way  the  additional  investment  needs  are  not  high  and  due  to  energy  savings 
they are repaid within the lifetime of the measures.  

The definition of 'major renovation' is kept and reinforced by being moved from the preamble 
to Article 2. Therefore, the investment should be more than 25% of the whole buildings value, 
excluding  the  land,  e.g.  the  actuarial  value,  or  more  than  25%  of  the  building  envelope 
undergoes structural renovation.  

Art. 8. Technical building systems in existing buildings  

Requirements  are  included  for  Member  States  to  set  up  minimum  energy  performance 
requirements  for  the  installation  of  new  or  the  replacement  of  existing  technical  building 
systems, or their major retrofit. These should be consistent with the legislation applicable to 
the products which compose this system, and be based on a proper installation of the system’s 
components  and  their  appropriate  adjustment  and  sizing.  This  aims  at  ensuring  better 
efficiency of whole systems. This is needed because if the individual elements of a system are 
very efficient, if they are not well installed or adjusted, the efficiency of the entire system may 
not be high.  

Art.  9.  Buildings  of  which  both  carbon  dioxide  emissions  and  primary  energy 
consumption are low or equal to zero  

Member States are required to actively promote the higher market uptake of such buildings by 
producing  national  plans  with  clear  definitions  and  targets  for  their  uptake.  Member  States 
should demonstrate the leading role of public authorities in the setting up of specific targets 
for  buildings  occupied  by  them.  Based  on  the  Member  States'  information  the  Commission 
shall establish common principles for defining such buildings. The Commission will report on 
the progress of Member States, and on the basis of this develop a strategy, and, if necessary, 
develop further measures. 

Art. 10. Energy performance certificates  

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The  role  of  the  recommendations  of  the  certificate  is  strengthened  and  clarified  by 
emphasizing  that  they  shall  be  an  indispensable  part  of  the  certificate  and  by  including 
provisions on the information they shall contain. 

Art. 11. Issuing of energy performance certificates 

The requirements related to the provision of the certificate are reformulated to ensure that the 
certificates are provided every time there is a property transaction and the prospective buyer 
or tenant is informed of the energy performance of the building (or its parts) at an early stage 
(i.e. in the sale/rent announcements). 
A  requirement  that  if  the  total  useful  area  over  250  m2  of  a  building  is  occupied  by  public 
authorities, a certificate should be issued by 31 December 2010, is introduced. 

Art. 12. Display of energy performance certificates 

The scope of the obligation to display the certificate is extended: i.e. if the total useful area of 
a building occupied by a public authority or frequently visited by the public is over 250 m2 , 
the  certificate  shall  be  displayed  in  a  prominent  place  clearly  visible  to  the  public.  For  the 
latter, the requirement shall be imposed only if the certificate is already available. 

Art. 13. Inspection of heating systems 

Clarifications on the frequency of inspections are introduced in order to stress the importance 
of  proportionality  between  inspection  costs  and  anticipated  energy  savings  (benefits) 
stimulated by the inspection. 

A  requirement  for  an  independent  control  system  for  the  inspection  reports,  i.e.  via  random 
sampling checks of the quality, is introduced.  

Art. 14. Inspection of air-conditioning systems 

Similar to Art. 13, clarification on the frequency of the inspections.  

Art. 15. Reports on the inspection of heating and air-conditioning systems (new) 

The  requirement  for  an  inspection  report  to  be  handed  over  to  the  owner  or  tenant  of  a 
building is introduced, in order to appropriately inform them about the inspection result and 
recommendations for cost-effective improvements.  

Art. 16. Independent experts 

A requirement is added that in the accreditation process the operative and technical skills of 
experts  who  carry  out  the  certifications  and  inspections  and  their  ability  to  carry  out  the 
service in an independent manner are taken into account. 

At  present,  some  Member  States  limit  the  accreditation  of  experts  to  specific  professional 
groups  or  companies  which  does  not  guarantee  their  competence  and  prevents  other  skilled 
professionals,  for  example  ESCOs  and  energy  agencies,  from  entering  the  market,  which 
limits competition. 

Art. 17. Independent control system 

A requirement for an independent control system for the energy performance certificates and 
for  the  reports  on  the  inspection  of  heating  and  air-conditioning  systems,  i.e.  via  random 
sampling checks of the quality, is introduced.  

The certificates and the inspection report shall be registered, if requested. 

Art. 18. Review 

Updated. 

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Art. 19. Information 

Member States are required to provide information to building owners  or tenants on energy 
performance  certificates  and  the  inspection  of  heating  and  air-conditioning  systems.  During 
the  implementation  of  the  current  Directive  it  became  obvious  that  the  population  is  not 
always aware of their role and added value. If this is not understood and they are treated just 
as an additional administrative requirement, the potential positive impact will not be realized. 
Therefore, all-embracing information campaigns shall be initiated by Member States. 

Art. 20: Adaptation of Annex I to technical progress  

Adapted. 

Art. 21. Committee 

Modified in line with the adaptations of the regulatory procedure with scrutiny.  

Art. 22. Penalties 

Member  States  are  required  to  lay  down  and  implement  rules  applicable  in  response  to 
infringements of the national provisions adopted pursuant to the EPBD. The fine may depend 
on the energy consumption, or energy demand of the certified building/effective rated output 
of the inspected heating/air-conditioning system. 

The text is similar to Article 20 (Penalties) of Directive 2005/32/EC. 

Art. 23. Transposition 

Transposition dates are adjusted so that Member States have sufficient time to transpose (31 
December  2010)  and  fully  implement  (31  January  2012)  the  revised/new  provisions.  To 
reinforce  the  important  role  of  the  public  sector  to  act  as  a  leading  example,  the  public 
authorities' deadline for the implementation of the provision is shorter (31 December 2010). 

Art. 24. Repeal 

Inserted  so  that  there  is  a  distinction  between  the  provisions  of  the  current  EPBD  and  its 
recast.  

Art. 25. Entry into force 

Adapted. 

Art. 26.  

No changes. 

Annex I 

It  is  important  that  an  estimation  of  the  'real'  impact  of  the  building's  operation  on  the  total 
energy consumption and on the environment is made and therefore a primary energy indicator 
and CO2 emissions indicator shall be used.  

The annual energy performance data shall be used for the assessment so that the importance 
of  the  different  energy  uses  throughout  the  year  is  emphasised  and  the  cooling  demand  is 
better incorporated. 

Reference  to  the  European  standards  has  been  made  to  support  the  harmonization  of  the 
methodologies for calculating national/regional minimum energy performance requirements. 

Annex II 

Provides a description of independent control systems for energy performance certificates and 
inspection reports. 

EN 

10 

   EN 

 
Annex III 

Added as required in Article 23. 

Annex IV 

Correlation table 

EN 

11 

   EN 

 
(cid:208) 2002/91  
2008/0223 (COD) 

Proposal for a 

DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL 

on the energy performance of buildings  

(recast) 

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, 
Having regard to the opinion of the European Economic and Social Committee10, 
Having regard to the opinion of the Committee of the Regions11, 
Acting in accordance with the procedure laid down in Article 251 of the Treaty12, 

Whereas: 

(1) 

Directive  2002/91/EC  the  European  Parliament  and  of  the  Council  of  16  December 
2002  on  the  energy  performance  of  buildings13  has  been  amended14.  Since  further 
substantive amendments are to be made, it should be recast in the interests of clarity. 

(cid:216) new 

Article 6 of the Treaty requires environmental protection requirements to be integrated 

(1) 
into the definition and implementation of Community policies and actions. 

(cid:208) 2002/91 recital 1 (adapted) 

10 
11 
12 
13 
14 

OJ C […], […], p. […]. 
OJ C […], […], p. […]. 
OJ C […], […], p. […]. 
OJ L 1, 4.1.2003, p. 65. 
See Annex IV, Part A. 

EN 

12 

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(2) 

The natural resources, to the prudent and  rational utilisation 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. 

(cid:208) 2002/91 recital 2  

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. 

(cid:208) 2002/91 recital 3 

(cid:216) new 

(3) 

Reduction of energy consumption in the buildings sector constitutes an important part 
of  the  measures  needed  to  reduce  greenhouse  gas  emissions  and  comply  with  the 
Kyoto Protocol to the United Nations Framework Convention on Climate Change, and 
with  further  European  and  international  commitments  to  reduce  greenhouse  gas 
emissions  beyond  2012.  Reduced  energy  consumption  also  has  an  important  part  to 
play in promoting security of energy supply, technological development and providing 
opportunities for employment and regional development, especially in rural areas. 

(4) 

Demand  Mmanagement  of  energy  ⌦ demand ⌫  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. 

(cid:208) 2002/91 recital 4 (adapted) 

30 May 2000 and of 5 December 2000, the Council endorsed the Commission's action 

(5) 
plan on energy efficiency and requested specific measures in the building sector.  

(cid:208) 2002/91 recital 5 (adapted) 
(cid:214) new 

(cid:216) new 

(5) 

The  European  Council  of  March  2007  emphasised  the  need  to  increase  energy 
efficiency in  the Community so as  to  achieve the objective of reducing by 20  % the 
Community's  energy  consumption  by  2020  and  called  for  a  thorough  and  rapid 
implementation of the priorities established in the Communication of the Commission 
"Action  Plan  for  Energy  Efficiency:  Realising  the  Potential"15.  This  Action  Plan 

15 

COM(2006)545 final. 

EN 

13 

   EN 

 
 
 
 
 
 
 
                                                 
identified  the  significant  potential  for  cost-effective  energy  savings  in  the  buildings 
sector. The European Parliament, in its resolution of 31 January 2008, has called for 
strengthening the provisions of Directive 2002/91/EC. 

(6) 
The residential and tertiary sector, the major part of which is buildings, accounts for 
more than ⌦ approximately ⌫ 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. 

(cid:208) 2002/91 recital 6 (adapted) 

(cid:208) 2002/91 recital 7 (adapted) 

Council Directive 93/76/EEC of 13 September 1993 to limit carbon dioxide emissions 
(7) 
by  improving  energy  efficiency  (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 ⌦ It is necessary ⌫ to lay down more concrete actions with a view to achieving 
the  great  unrealised  potential  for  energy  savings ⌦ in  buildings ⌫  and  reducing  the  large 
differences between Member States' results in this sector. 

(cid:208) 2002/91 recital 8  

Council  Directive  89/106/EEC  of  21  December  1988  on  the  approximation  of  laws, 
(8) 
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. 

(cid:208) 2002/91 recital 9 (adapted) 
(cid:214) new 

(8) 
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.  ⌦ These  measures  should  not  affect ⌫  They  should  not  contravene  other 
essential  requirements  concerning  buildings  such  as  accessibility,  prudence  (cid:214) safety   and 
the intended use of the building. 

(cid:208) 2002/91 recital 10 (adapted) 
(cid:214) new 

(9) 
The  energy  performance  of  buildings  should  be  calculated  on  the  basis  of  a 
methodology, which may be differentiated at ⌦ national and ⌫ regional level, ⌦ and ⌫ 
that  includes,  in  addition  to  thermal ⌦ characteristics ⌫  insulation,  other  factors  that  play 
an increasingly important role such as heating and air-conditioning installations, application 

EN 

14 

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of  renewable  energy  sources, ⌦ passive  heating  and  cooling  elements,  shading,  indoor  air-
quality,  adequate  natural  light ⌫  and  design  of  the  building.  ⌦ The  methodology  for 
calculating  energy  performance  should  not  only  be  based  on  the  season  where  heating  is 
required, but should cover the annual energy performance of a building. ⌫ 

(cid:208)2002/91 recital 22 (adapted) 
(cid:214) new 

(10)  ⌦ Member  States  should  set  minimum  requirements  for  the  energy  performance  of 
buildings. The requirements should be set with a view to achieving the cost-optimal balance 
between the investments involved and the energy costs saved throughout the life-cycle of the 
building ⌫ Provision should be made for the possibility of rapidly adapting the methodology 
of  calculation  and  of  Member  States  ⌦ to ⌫  regularly  reviewing  ⌦ their ⌫  minimum 
⌦ energy  performance ⌫  requirements  ⌦ for ⌫  in  the  field  of  energy  performance  of 
buildings with regard to technical progress, inter alia, as concerns the insulation properties (or 
quality) of the construction material, and to future developments in standardisation. 

(11)  This Directive is without prejudice to Articles 87 and 88 of the Treaty. Therefore the 
notion of incentive used in this Directive should not be interpreted as including state 
aid. 

(cid:216) new 

(cid:216) new 

(12)  The  Commission  should  lay  down  a  comparative  methodology  for  calculating  cost-
optimal levels of minimum energy performance requirements. Member States should 
use  this  comparative  methodology  to  compare  the  results  with  the  minimum  energy 
performance  requirements  which  they  have  adopted.  The  results  of  this  comparison 
and  the  data  used  to  reach  these  results  should  be  regularly  reported  to  the 
Commission.  These  reports  should  enable  the  Commission  to  assess  the  progress  of 
Member  States  in  reaching  cost-optimal  levels  of  minimum  energy  performance 
requirements and to report on it. After a transitional period Member States should use 
this comparative methodology when they review their minimum energy performance 
requirements. 

(cid:208) 2002/91 recital 12 (adapted) 
(cid:214) new 

(13)  Buildings  will  have  an  impact  on  long-term  energy  consumption  and  new  buildings 
should therefore meet minimum energy performance requirements tailored ⌦ adapted ⌫ to 
the local climate. Best practice should in this respect be geared to the optimum use of factors 
relevant  to  enhancing  energy  performance.  As  the  application  of  alternative  energy  supply 
systems  is  generally  not  explored  to  its  full  potential,  the  technical,  environmental  and 
economic feasibility of alternative energy supply systems should be considered (cid:214), regardless 
of the size of the building. ; this can be carried out once, by the Member State, through a 

EN 

15 

   EN 

 
 
 
 
 
study  which  produces  a  list  of  energy  conservation  measures,  for  average  local  market 
conditions, meeting cost-effectiveness criteria. Before construction starts, specific studies may 
be requested if the measure, or measures, are deemed feasible. 

(cid:208) 2002/91 recital 13 (adapted) 
(cid:214) new 

(14)  Major renovations of existing buildings, (cid:214) regardless of their size,  above a certain 
size  should  be  regarded  as ⌦ provide ⌫  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-conditioning, 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 renovation. (cid:214) For reasons of cost-efficiency, 
it should be possible to limit the minimum energy performance requirements to the renovated 
parts that are most relevant for the energy performance of the building.  

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

(cid:208) 2002/91 recital 11  

(cid:216) new 

(15)  Measures are needed to increase the number of buildings which not only fulfill current 
minimum energy performance requirements, but are more energy efficient. For this purpose 
Member States should draw up national plans for increasing the number of buildings of which 
both carbon dioxide emissions and primary energy consumption are low or equal to zero and 
regularly report them to the Commission.  

(cid:216) new 

(16)  To limit the reporting burden on the Member States it should be possible to integrate 
the reports required by this Directive in the Energy Efficiency Action Plans referred to 
in  Article  14(2)  of  Directive  2006/32/EC  of  the  European  Parliament  and  of  the 
Council  of  5  April  2006  on  energy  end-use  efficiency  and  energy  services  and 
repealing  Council  Directive  93/76/EEC16.  The  public  sector  in  each  Member  State 
should lead the way in the field of energy performance of buildings, and therefore the 
national plans should set more ambitious targets for the buildings occupied by public 
authorities. 

16 

OJ L 114, 27.4.2006, p. 64. 

EN 

16 

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(cid:216) new 

(17) 
The prospective buyer and tenant of building or parts thereof should be given correct 
information  about  the  energy  performance  of  the  building  and  practical  advice  about 
improving it, through the energy performance certificate. The certificate should also provide 
information  about  the  actual  impact  of  heating  and  cooling  on  the  energy  needs  of  the 
building, on its primary energy consumption and on carbon dioxide emissions. 

(cid:208) 2002/91 recital 16 (adapted) 
(cid:214) new 

(18)  The certification process may be supported by programmes to facilitate equal access to 
improved energy performance; based upon agreements between organisations of stakeholders 
and a body appointed by the Member States; carried out by energy service companies which 
agree  to  commit  themselves  to  undertake  the  identified  investments.  The  schemes  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 should describe the actual energy-
performance  situation  of  the  building  and  may  be  revised  accordingly.Public  authority 
bBuildings  ⌦ occupied  by  public  authorities ⌫  and  buildings  frequently  visited  by  the 
public  should  (cid:214) provide  an  opportunity  to   set  an  example  by  ⌦ showing ⌫  taking 
environmental  and  energy  considerations  ⌦ being  taken ⌫  into  account  and  therefore 
⌦ those  buildings ⌫  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  use  of  energy  and  to  safeguarding  comfortable  indoor 
climatic conditions (thermal comfort) in relation to the outside temperature. 

these  energy  certificates.  Moreover, 

(cid:208) 2002/91 recital 18  

(19) 
Recent years have seen a rise in the number of air-conditioning systems in southern 
European countries. This creates considerable problems at peak load times, increasing the cost 
of electricity and disrupting the energy balance in those countries. Priority should be given to 
strategies which enhance the 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 conditions and the microclimate around buildings. 

(14)  However, the improvement of the overall 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. 

(cid:208) 2002/91 recital 14 

EN 

17 

   EN 

 
 
 
 
 
(15) 
Renovation requirements for existing buildings should not be incompatible with the 
intended  function,  quality  or  character  of  the  building.  It  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. 

(cid:208) 2002/91 recital 15 (adapted) 

(17)  Member  States  may  also  employ  other  means/  or  measures,  not  provided  for  in  this 
Directive, to encourage enhanced energy performance.Member States should encourage good 
energy management, taking into account the intensity of use of buildings. 

(cid:208) 2002/91 recital 17 

(cid:208) 2002/91 recital 19 (adapted) 
(cid:214) new 

Regular (cid:214) inspection  maintenance of boilers (cid:214) heating  and of air-conditioning 
(20) 
systems  by  qualified  personnel  contributes  to  maintaining  their  correct  adjustment  in 
accordance with the product specification and in that way will ensure ⌦ ensures ⌫ optimal 
performance  from  an  environmental,  safety  and  energy  point  of  view.  An  independent 
assessment  of 
installation 
⌦ system ⌫  (cid:214) should  occur  at  regular  intervals  during  the  life-cycle  thereof,  especially 
before  their  replacement  or  retrofitting.   is  appropriate  whenever  replacement  could  be 
considered on the basis of cost-effectiveness. 

total  ⌦ entire ⌫  heating  (cid:214) and  air-conditioning  

the 

(20)  The billing, to occupants of buildings, of the costs of heating, air-conditioning and hot 
water, calculated in proportion to actual consumption, could contribute towards energy saving 
in the residential sector. Occupants should be enabled to regulate their own consumption of 
heat and hot water, in so far as such measures are cost effective 

(cid:208) 2002/91 recital 20  

(cid:208) 2002/91 recital 10 (adapted) 
(cid:214) new 

(21) 

A  common  approach  to  this  process  ⌦ energy  performance  certification  of 
buildings and to the inspection of heating and air-conditioning systems ⌫ , carried 
out by qualified and/or accredited 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  transparency  for  prospective  owners  or  users  with  regard  to  the  energy 
performance in the Community property market. (cid:214) In order to guarantee the quality 
of  energy  performance  certificates  and  of  the  inspection  of  heating  and  air-
conditioning systems throughout the Community, an independent control mechanism 
should be established in each Member State.  

EN 

18 

   EN 

 
 
 
 
 
 
(22)  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 
for the exercise of implementing powers conferred on the Commission17. 

(cid:208) 2002/91 recital 23 

(cid:216) new 

(23)  Power should in particular be conferred on the Commission to adapt certain parts of 
the general framework set out in Annex I to technical progress, to establish a methodologies 
for  calculating  cost-optimal  levels  of  minimum  energy  performance  requirements  and  to 
establish  common  principles  for  defining  buildings  of  which  both  carbon  dioxide  emissions 
and primary energy consumption are low or equal to zero. Since those measures are of general 
scope  and  are  designed  to  amend  non-essential  elements  of  this  Directive,  they  must  be 
adopted in accordance with the regulatory procedure with scrutiny provided for in Article 5a 
of Decision 1999/468/EC. 

(cid:208) 2002/91 recital 21 (adapted) 
(cid:214) new 

(24)  (cid:214) Since  the  objectives  of  enhancing  the  energy  performance  of  buildings  cannot  be 
sufficiently achieved by the Member States due to the complexity of the buildings sector, and 
the inability of  the  national housing markets to adequately address the challenges of energy 
efficiency, and canby the reason of the scale and the effects of the action be better achieved at 
Community level, the Community may adopt measures, in accordance with the principles 
of  subsidiarity  and  proportionality  as  set  out  in  Article  5  of  the  Treaty.,  general  principles 
providing  for  a  system  of  energy  performance  requirements  and  its  objectives  should  be 
established  at  Community  level,  but  the  detailed  implementation  should  be  left  to  Member 
States, thus allowing each Member State to choose the regime which corresponds best to its 
particular situation.⌦ In accordance with the principles of proportionality, as set out in that 
Article, ⌫ Tthis Directive confines itself to the minimum required in order to achieve those 
objectives and does not go beyond what is necessary for that purpose⌦ in order to achieve 
those objectives ⌫. 

(cid:216) new 

(25)  The obligation to transpose this Directive into national law should be confined to those 
provisions which represent a substantive change as compared with the earlier Directive. The 
obligation to transpose the provisions which are unchanged arises under the earlier Directive. 

(26)  This  Directive  should  be  without  prejudice  to  the  obligations  of  the  Member  States 
relating to the time-limits for transposition into national law and application of the Directive 
set out in Annex IV, Part B. 

17 

OJ L 184, 17.7.1999, p.23. 

EN 

19 

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(cid:208) 2002/91 (adapted) 
(cid:214) new 

HAVE ADOPTED THIS DIRECTIVE: 

Article 1 
Objective⌦ Subject matter ⌫ 

The  objective  of  tThis  Directive  is  to  promote  ⌦ promotes ⌫  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) 

(b) 

(c) 

the  general  framework  for  a  methodology  of  calculation  of  the  integrated  energy 
performance of buildings ⌦ and parts thereof ⌫; 

the  application  of  minimum  requirements  on  the  energy  performance  of  new 
buildings ⌦ and parts thereof ⌫; 

the  application  of  minimum  requirements  on  the  energy  performance  of  large 
existing buildings ⌦ and parts thereof ⌫ that are subject to major renovation; 

(d) 

national plans for increasing the number of buildings of which both carbon dioxide 
emissions and primary energy consumption are low or equal zero; 

(cid:216) new 

(cid:208) 2002/91 (adapted) 
(cid:214) new 

(d)(e) 

energy certification of buildings ⌦ or parts thereof ⌫ ; and 

(e)(f) 

regular  inspection  of  boilers  (cid:214) heating   and  ofair-conditioning  systems  in 
buildings  and  in  addition  an  assessment  of  the  heating  installation  in  which  the 
boilers are more than 15 years old.; 

independent  control  systems  for  energy  performance  certificates  and  inspection 

(g) 
reports. 

(cid:216) new  

EN 

20 

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(cid:208) 2002/91 (adapted) 
(cid:214) new 

Article 2 
Definitions 

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

(1) 

"building": ⌦ means ⌫ 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 seperately; 

(2) 

"technical  building  system"  means  technical  equipment  for  heating,  cooling, 
ventilation,  hot  water,  lighting  and  electricity  production  or  for  a  combination  of 
those; 

(cid:216) new 

(cid:208) 2002/91 (adapted) 
(cid:214) new 

(2)(3)  "energy  performance  of  a  building":  ⌦ means ⌫  the  (cid:214)calculated  or  measured  
amount  of  energy  actually  consumed  (cid:214) needed   or  estimatedto  meet  the  different  needs 
(cid:214) energy demand  associated with a standardised ⌦ typical ⌫ use of the building, which 
may  ⌦ includes ⌫  include  inter  alia⌦ energy  used  for ⌫  heating,  hot  water  heating, 
cooling, ventilation and lighting; 

(cid:216) new  

(4) 

(5) 

"primary  energy":  means  renewable  and  non-renewable  energy  which  has  not 
undergone any conversion or transformation process; 

"building envelope" means elements of a building which separate its interior from the 
outdoor  environment,  including  the  windows,  walls,  foundation,  basement  slab, 
ceiling, roof, and insulation; 

(6) 

"major renovation": means the renovation of a building where 

(a) 

the total cost of the renovation related to the building envelope or the technical 
building systems is higher than 25 % of the value of the building, excluding the 
value of the land upon which the building is situated, or 

(b)  more than 25 % of the surface of the building envelope undergoes renovation; 

(7) 

"European  standard":  means  a  standard  adopted  by  the  European  Committee  for 
Standardisation, the European Committee for Electrotechnical Standardisation or the 
European Telecommunications Standards Institute and made available for public use; 

EN 

21 

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(cid:208) 2002/91 (adapted) 
(cid:214) new 

(3)(8) 

the  Member  State  or  a 

"energy performance certificate of a building": ⌦ means ⌫ a certificate recognised 
by 
it,  which 
legal  person  designated  by 
includes⌦ indicates ⌫ 
the  energy  performance  of  a  building⌦ or  parts 
thereof, ⌫ calculated according to a methodology based on the general framework 
set out in the Annex ⌦ adopted in accordance with Article 3 ⌫ ; 

"CHP" the simultaneous conversion of primary fuels into mechanical or electrical and 

(4) 
thermal energy, meeting certain quality criteria of energy efficiency; 

(cid:208) 2002/91 

(cid:216) new 

(9) 

(10) 

"cogeneration" means simultaneous generation in one process of thermal energy and 
electrical and/or mechanical energy; 

"cost-optimal  level"  means  the  lowest  level  of  costs  during  the  life-cycle  of  a 
building,  which  are  determined  taking  into  account  investment  costs,  maintenance 
and operating costs (including energy costs), earnings from energy produced, where 
applicable, and disposal costs, where applicable; 

(cid:208) 2002/91 (adapted) 
(cid:214) new 

(5)(11)  "air-conditioning system": ⌦ means ⌫ a combination of all⌦ the ⌫ components 
required to provide a form of (cid:214) indoor  air treatment⌦ , including ventilation ⌫ 
in which temperature is controlled or can be lowered, possibly in combination with 
the control of ventilation, humidity and air cleanliness; 

(6)(12)  "boiler":  ⌦ means ⌫  the  combined  boiler  body  and-burner  –unit,  designed  to 

transmit to water(cid:214) a fluid  the heat released from combustion ⌦ burning ⌫; 

(7)(13)  "effective  rated  output"(expressed  in  kW):  ⌦ means ⌫  the  maximum  calorific 
output  ⌦ , expressed  in  kW,  ⌫  specified  and  guaranteed  by  the  manufacturer  as 
being  deliverable  during  continuous  operation  while  complying  with  the  useful 
efficiency indicated by the manufacturer; 

(8)(14)  "heat  pump":  ⌦ means ⌫  a  device  or  installation  that  extracts  heat  at  low 

temperature from air, water or earth and supplies the heat to the building. 

EN 

22 

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Article 3 
Adoption of a methodology ⌦ of calculation of the energy performance of buildings ⌫ 

(cid:208) PE-CO_S  3654/08 
adapted) (adapted) 

(2002/91 

Member States shall apply a methodology, at national or regional level, of calculation of the 
energy  performance  of  buildings  on  the  basis  of  ⌦ in  accordance  with ⌫  the  general 
framework set out in the Annex I to this Directive.The Commission shall adapt points 1 and 2 
of the Annex to technical progress, taking into account standards or norms applied pursuant to 
national  law.  Those  measures,  designed  to  amend  non-essential  elements  of  this  Directive, 
shall  be  adopted  in  accordance  with  the  regulatory  procedure  with  scrutiny  referred  to  in 
Article 14(2). 

This methodology shall be set ⌦ adopted ⌫ at national or regional level. 

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

(cid:208) 2002/91 (adapted) 
(cid:214) new 

(cid:208) 2002/91 (adapted) 
(cid:214) new 

Article 4 
Setting of ⌦ minimum ⌫ energy performance requirements 

1. 

Member  States  shall  take  the  necessary  measures  to  ensure  that  minimum  energy 
performance  requirements  for  buildings  are  set,  (cid:214) with  a  view  to  achieving  cost-
optimal  levels  and   based  on⌦ are  calculated  in  accordance  with ⌫  the 
methodology referred to in Article 3. 

When  setting  requirements,  Member  States  may  differentiate  between  new  and 
existing buildings and⌦ between ⌫ 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 building. 

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

2. 

3.2. 

The energy performance requirements shall be applied in accordance with Articles 5 
and 6. 

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

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(a) buildings and monuments officially protected as part of a designated environment 
or  because  of  their  special  architectural  or  historic  merit,  where  compliance 
with 
requirements  would 
unacceptably alter their character or appearance,; 

the  ⌦ minimum  energy  performance ⌫ 

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

(c) 

temporary buildings with a planned time of use of two years or less, industrial 
sites,  workshops  and  non-residential  agricultural  buildings  with  low  energy 
demand and non-residential agricultural buildings which are in use by a sector 
covered by a national sectoral agreement on energy performance,; 

(d) 

residential buildings which are intended to be used less than four months of the 
year,; 

(e) 

stand-alone buildings with a total useful floor area of less than 50 m2. 

(cid:216) new 

3. 
As from 30 June 2014 Member States shall not provide incentives for the construction 
or  renovation  of  buildings  or  parts  thereof  which  do  not  comply  with  minimum  energy 
performance requirements achieving the results of the calculation referred to in Article 5(2). 

4. 
As  from  30  June  2017,  where  Member  States  review  their  minimum  energy 
performance requirements set in accordance with paragraph 1 of this Article they shall ensure 
that these requirements achieve the results of the calculation referred to in Article 5(2). 

(cid:216) new 

Article 5 

1. 

2. 

Calculation of cost-optimal levels of minimum energy performance requirements 

The Commission shall establish by 31 December 2010 a comparative methodology 
for calculating cost-optimal levels of minimum energy performance requirements for 
buildings or parts thereof. The comparative methodology shall differentiate between 
new and existing buildings and between different categories of buildings. 

Those  measures  designed  to  amend  non-essential  elements  of  this  Directive  by 
supplementing  it  shall  be  adopted  in  accordance  with  the  procedure  referred  to  in 
Article 19(2). 

Member  States  shall  calculate  cost-optimal  levels  of  minimum  energy  performance 
requirements  using  the  comparative  methodology  established  in  accordance  with 
paragraph  1  and  relevant  parameters,  such  as  climatic  conditions,  and  compare  the 
results  of  this  calculation  to  the  minimum  energy  performance  requirements  which 
they have laid down. 

They  shall  report  to  the  Commission  all  input  data  and  assumptions  used  for  these 
calculations  and  all  calculation  results.  The  report  may  be  included  in  the  Energy 
Efficiency  Action  Plans  referred  to  in  Article  21(2)  of  Directive  2006/32/EC. 

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Member States shall submit to the Commission those reports every three years. The 
first report shall be submitted by 30 June 2011 at the latest. 

3. 

The  Commission  shall  publish  a  report  on  the  progress  of  the  Member  States  in 
reaching cost-optimal levels of minimum energy performance requirements. 

(cid:208) 2002/91 (adapted) 

Article 56 
New buildings 

1. 

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

For new buildings with a total useful floor area over 1000 m2, Member States shall 
ensure  that,  ⌦ before  construction  starts, ⌫  the  technical,  environmental  and 
economic  feasibility  of  ⌦ the  following ⌫  alternative  systems  ⌦ is  considered 
and taken into account ⌫ such as: 

(a) 

decentralised energy supply systems based on renewable energy,; 

(b)  CHP, ⌦ cogeneration ⌫ ; 

(c) 

district or block heating or cooling, if available, ; 

(d)  heat pumps,. under certain conditions, 

is considered and is taken into account before construction starts. 

2. 

Member  States  shall  ensure  that  the  analysis  of  alternative  systems  referred  to  in 
paragraph 1 is documented in a transparent manner in the application for the building 
permit or for the final approval of construction works of the building. 

(cid:216) new 

(cid:208) 2002/91 (adapted) 

Article 67 
Existing buildings 

Member States shall  take  the  necessary measures to ensure that when buildings with a total 
useful  floor  area  over  1000  m2  undergo  major  renovation,  their  energy  performance  is 
upgraded in order to meet minimum ⌦ energy performance ⌫ requirements in so far as this 
technically,  functionally  and  economically  feasible.  Member  States  shall  derive 
is 
⌦ determine ⌫ these minimum energy performance requirements on the basis of the energy 
performance  requirements  set  for  buildings  in  accordance  with  Article  4.  The  requirements 
may  be  set  either  for  the  renovated  building  as  a  whole  or  for  the  renovated  systems  or 
components when these are part of a renovation to be carried out within a limited time period, 

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with  the  abovementioned  objective  of  improving  the  overall  energy  performance  of  the 
building ⌦ or parts thereof ⌫. 

(cid:216) new 

Article 8 

Technical building systems 

1. 

2. 

Member  States  shall  set  minimum  energy  performance  requirements  in  respect  of 
technical building systems which are installed in buildings. Requirements shall be set 
for new, replacement and retrofit of technical building systems and parts thereof. 

The requirements shall in particular cover the following components: 

(a) 

boilers or other heat generators of heating systems; 

(b)  water heaters in hot water systems; 

(c) 

central air conditioning unit or cold generator in air-conditioning systems. 

The minimum energy performance requirements set in accordance with paragraph 1 
shall  be  consistent  with  the  legislation  applicable  to  the  product(s)  which  compose 
the  system  and  be  based  on  proper  installation  of  the  product(s)  and  appropriate 
adjustment  and  control  of  the  technical  building  system.  In  particular,  those 
requirements  shall  ensure  that  a  proper  hydraulic  balance  of  hydraulic  wet  heating 
systems  is  achieved  and  that  the  appropriate  size  and  type  of  the  product(s)  have 
been  used  for  the  installation  having  regard  to  the  intended  use  of  the  technical 
building system. 

Article 9 
Buildings of which both carbon dioxide emissions and primary energy consumption are low 
or equal to zero 

1. 

Member States shall draw up national plans for increasing the number of buildings of 
which  both  carbon  dioxide  emissions  and  primary  energy  consumption  are  low  or 
equal  to  zero.  They  shall  set  targets  for  the  minimum  percentage  which  those 
buildings  in  2020  shall  constitute  of  the  total  number  of  buildings  and  represent  in 
relation to the total useful floor area. 

Separate targets shall be set for: 

(a) 

new and refurbished residential buildings; 

(b)  new and refurbished non-residential buildings; 

(c) 

buildings occupied by public authorities. 

Member  States  shall  set  the  targets  referred  to  in  point  (c)  taking  into  account  the 
leading role which public authorities should play in the field of energy performance 
of buildings. 

2. 

The  national  plan  referred  to  in  paragraph  1  shall  include  inter  alia  the  following 
elements: 

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the  Member  State's  definition  of  buildings  of  which  both  carbon  dioxide 

(a) 
emissions and primary energy consumption are low or equal to zero; 

(b) 
intermediate  targets  expressed  as  a  percentage  which  those  buildings  shall 
constitute of the total number of buildings and represent in relation to the total useful 
floor area in 2015; 

(c) information on the measures undertaken for the promotion of those buildings. 

Member States shall communicate the national plans referred to in paragraph 1 to the 
Commission by 30 June 2011 at the latest and report to the Commission every three 
years  on  the  progress  in  implementing  their  national  plans.  The  national  plans  and 
progress reports may be included in the Energy Efficiency Action Plans referred to in 
Article 14(2) of Directive 2006/32/EC. 

The Commission shall establish common principles for defining buildings of which 
both carbon dioxide emissions and primary energy consumption are low or equal to 
zero. 

Those  measures  designed  to  amend  non-essential  elements  of  this  Directive  by 
supplementing  it  shall  be  adopted  in  accordance  with  the  procedure  referred  to  in 
Article 21(2). 

The  Commission  shall  publish  a  report  on  the  progress  of  Member  States  in 
increasing  the  number  of  buildings  of  which  both  carbon  dioxide  emissions  and 
primary energy consumption are low or equal to zero. On the basis of this report the 
Commission shall develop a strategy, and, if necessary, propose measures to increase 
the number of those buildings. 

3. 

4. 

5. 

(cid:208) 2002/91 (adapted) 
(cid:214) new 

Article 710  

Energy ⌦ Energy ⌫ performance certificate ⌦ certificates ⌫  

2.1.  (cid:214) Member  States  shall  lay  down  the  necessary  measures  to  establish  a  system  of 
certification  of  the  energy  performance  of  buildings.   The  energy  performance  certificate 
for buildings shall include ⌦ the energy performance of a building and ⌫ reference values 
legal  standards  and  benchmarks  (cid:214) minimum  energy  performance 
such  as  current 
requirements  in order to make it possible for⌦ owners or tenants of the building or parts 
thereof ⌫consumers  to  compare  and  assess  the  ⌦ its ⌫  energy  performance  of  the 
building. 

2.  The  certificate  shall  be  accompanied  by  ⌦ include ⌫  recommendations  for  the  cost-
effective improvement of the energy performance ⌦ of a building or parts thereof ⌫ . 

The recommendations included in the energy performance certificate shall cover: 

(a) 

b) 

measures carried out in connection with a major renovation of the building envelope 
or technical building system(s); and 

measures  for  individual  parts  or  elements  of  a  building  independent  of  a  major 
renovation of the building envelope or technical building system(s). 

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(cid:216) new  

3.  The  recommendations  included  in  the  energy  performance  certificate  shall  be  technically 
feasible  for  the  specific  building  and  shall  provide  transparent  information  as  to  their  cost-
effectiveness.  The  evaluation  of  cost-effectiveness  shall  be  based  on  a  set  of  standard 
conditions,  such  as  on  the  assessment  of  energy  savings  and  underlying  energy  prices  and 
interest rates for investments necessary to implement the recommendations. 

4.  The  energy  performance  certificate  shall  provide  an  indication  as  to  where  the  owner  or 
tenant  can  receive  more  detailed  information  regarding  the  recommendations  given  in  the 
certificate. In addition, it shall contain information on the steps to be taken to implement the 
recommendations. 

(cid:214) 5.  Certification for apartments or units designed for separate use in (cid:214) building  blocks 
may be based: 

(cid:214) (a)  on a common certification of the whole building for blocks with a common heating 

system or 

(cid:214) (b)  on  the  assessment  of  another  representative  apartment  in  the  same  (cid:214) building  

block. 

(cid:216) new  

6.  Certification  for  single-family  houses  may  be  based  on  the  assessment  of  another 
representative  building  of  similar  design  and  size  with  a  similar  actual  energy  performance 
quality if this correspondence can be guaranteed by the expert issuing the energy performance 
certificate. 

7. The validity of the (cid:214) energy performance  certificate shall not exceed 10 years. 

(cid:208) 2002/91 (adapted) 

Article 11 

⌦ Issuing of energy performance certificates ⌫ 

(cid:216) new  

1. Member States shall ensure that an energy performance certificate is issued for buildings or 
parts thereof which are constructed, sold or rented out and for buildings where a total useful 
floor area over 250 m2 is occupied by a public authority.  

2.  Member  States  shall  ensure  (cid:214) require   that,  when  buildings  (cid:214) or  parts  thereof   are 
constructed, sold or rented out, an energy performance certificate is made available (cid:214) handed 
over   to  the  owner  (cid:214) by  the  independent  expert  issuing  the  certificate  and  referred  to  in 
Article 16 or by the vendor . 

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(cid:216) new 

3. Member States shall require that, when buildings or parts thereof are offered for sale, the 
numeric  energy  performance  indicator  of  the  energy  performance  certificate  is  stated  in  all 
advertisements  for  sale  of  the  building  or  parts  thereof,  and  that  the  energy  performance 
certificate is shown to the prospective buyer. 

The  energy  performance  certificate  shall  be  handed  over  by  the  vendor  to  the  buyer  at  the 
moment of conclusion of the sales contract at the latest. 

4. Member States shall require that, when buildings or parts thereof are offered for rent, the 
numeric  energy  performance  indicator  of  the  energy  performance  certificate  is  stated  in  all 
advertisements  for  rent  of  the  building  or  parts  thereof,  and  that  the  energy  performance 
certificate is shown to the prospective tenant. 

The  energy  performance  certificate  shall  be  handed  over  by  the  owner  to  the  tenant  at  the 
moment of conclusion of the lease at the latest. 

(cid:208) 2002/91 (adapted) 
(cid:214) new 

5. Member States may exclude the categories ⌦ of buildings ⌫ referred to in Article 4(32) 
from the application of this paragraphparagraphs 1, 2, 3 and 4. 

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

Article 12 

⌦ Display of the energy performance certificates ⌫ 

3.1. 

Member States shall take measures to ensure that for buildings with ⌦ where ⌫ a 
total  useful  floor  area  over  1000  (cid:214) 250   m2 ⌦ of  a  building  is ⌫  occupied  by 
public authorities,and by institutions providing public services to a large number of 
persons  and  therefore  frequently  visited  by  these  persons  an  ⌦ the ⌫  energy 
⌦ performance ⌫ certificate not older than 10 years, is placed ⌦ displayed ⌫ in 
a prominent place clearly visible to the public. 

2. 

Member States shall take measures to ensure that where a total useful floor area over 
250 m2 of a building for which an energy performance certificate has been issued in 
accordance  with  Article  11(1)  is  frequently  visited  by  the  public,  the  energy 
performance certificate is displayed in a prominent place clearly visible to the public.  

(cid:216) new 

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(cid:208) 2002/91 (adapted) 
(cid:214) new 

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

Article 813 
Inspection of boilers (cid:214) heating systems  

With regard to reducing energy consumption and limiting carbon dioxide emissions, 

1. 

2. 

lay  down  the  necessary  measures  to  establish  a 
Member States shall either: (a) 
regular  inspection  of  heating  systems  with  boilers  fired  by  non-renewable  liquid  or 
solid fuel of an effective rated output of ⌦ more than ⌫ 20 kW to 100 kW. ⌦ The 
inspection ⌫  shall  include  an  assessment  of  the  boiler  efficiency  and  the  boiler 
sizing  compared  to  the  heating  requirements  of  the  building..  Such  inspection  may 
also be applied to boilers using other fuels. 

(cid:216) new 

The  Member  States  may  set  different  frequencies  of  inspections  depending  on  the 
type and effective rated output of the boiler of the heating system. When setting the 
frequencies Member States shall take into account the costs of the inspection of the 
heating  system  and  the  estimated  energy  cost  savings  that  may  result  from  the 
inspection. 

(cid:214) 3.  Heating systems with  Bboilers of an effective rated output of more than 100 kW 

shall be inspected at least every two years. 

For gas boilers, this period may be extended to four years. 

(cid:208) 2002/91 
(cid:214) new 

(cid:216) new  

For heating installations with boilers of an effective rated output of more than 20 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  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; or 

(b) (cid:214) 4.   (cid:214) By derogation from paragraphs 1, 2 and 3 Member States may decide to  
take stops (cid:214) measures  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 
includes  inspections  to  assess  the  efficiency  and  appropriate  size  of  the  boiler.  The  overall 

EN 

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impact  of  this  approach  should  (cid:214) shall   be  broadly  equivalent  to  that  arising  from  the 
provisions set out in (a) paragraphs 1, 2 and 3.  

(cid:214) Where  Member States that choose this option (cid:214) to apply the measures referred to in the 
first subparagraph of this paragraph, they  shall submit (cid:214) to the Commission  a report on 
the equivalence of (cid:214) those measures to measures laid down in paragraphs 1, 2 and 3 by 30 
June  2011  at  the  latest.  Member  States  shall  submit  these  reports  to  the  Commission  every 
three years. The reports may be included in the Energy Efficiency Action Plans referred to in 
Article 14(2) of Directive 2006/32/EC.  their approach to the Commission every two years.  

(cid:208) 2002/91 (adapted) 
(cid:214) new 

Article 914 
Inspection of air-conditioning systems 

1.  With  regard  to  reducing  energy  consumption  and  limiting  carbon  dioxide  emissions, 
Member States shall lay down the necessary measures to establish a regular inspection of air-
conditioning  systems  of  an  effective  rated  output  of  more  than  12  kW.  This  ⌦ The ⌫ 
inspection  shall  include  an  assessment  of  the  air-conditioning  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.  

2. 
The Member States may set different frequencies of inspections depending on the type 
and  effective  rated  output  of  the  air-conditioning  system.  When  setting  the  frequencies 
Member  States  shall  take  into  account  the  costs  of  the  inspection  of  the  air-conditioning 
system and the estimated energy cost savings that may result from the inspection.. 

(cid:216) new 

(cid:216) new 

Article 15 
Reports on the inspection of heating and air-conditioning systems 

1. 

2. 

This  Article  applies  to  reports  on  the  inspection  of  heating  and  air-conditioning 
systems.  

Inspection report shall be issued at regular intervals for each system inspected. The 
inspection report shall include the following: 

(a) 

a comparison of the energy performance of the system inspected with that of 

(i) 

the best available system feasible; and 

(ii) 

a  system  of  similar  type  for  which  all  relevant  components  achieve  the 
level of energy performance required by the applicable legislation; 

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(b) 

recommendations 
performance of the system of the building or parts thereof.  

the  cost-effective 

improvement  of 

for 

the  energy 

The recommendations referred to in point (b) shall be specific to the system and shall 
provide transparent information as to their cost-effectiveness. The evaluation of cost-
effectiveness  shall  be  based  on  a  set  of  standard  conditions,  such  as  on  the 
assessment  of  energy  savings  and  underlying  energy  prices  and  interest  rates  for 
investments. 

3. 

The inspection report shall be handed over by the inspector to the owner or tenant of 
the building. 

(cid:208) 2002/91 (adapted) 
(cid:214) new 

Article 10 16 
Independent experts 

Member States shall ensure that the ⌦ energy performance ⌫ certification of buildings, the 
drafting  of  the  accompanying  recommendations  and  the  inspection  of  boilers (cid:214) heating 
systems  and air-conditioning systems are carried out in an independent manner by qualified 
and/or accredited experts, whether operating as sole traders⌦ self-employed ⌫ or employed 
by public ⌦ bodies ⌫ or private ⌦ enterprises ⌫ enterprise bodies.  

Experts shall be accredited taking into account their competence and their independence.  

(cid:216) new 

(cid:216) new 

Article 17 
Independent control system 

1. 
Member  States  shall  ensure  that  an  independent  control  system  for  energy 
performance certificates and reports on the inspection of heating and air conditioning systems 
is established in accordance with Annex II. 

The  Member  States  may  delegate  the  responsibilities  for  implementing  the 

2. 
independent control systems.  

Where  the  Member  States  decide  to  do  so,  they  shall  control  that  the  independent  control 
systems are implemented in compliance with Annex II. 

Member  States  shall  require  that  the  energy  performance  certificates  and  the 
3. 
inspection reports mentioned in paragraph 1 are registered or made available to the competent 
authorities  or  bodies  to  whom  responsibilities  for  implementing  the  independent  control 
systems have been delegated by the competent authorities on request. 

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(cid:208) 2002/91  
(cid:214) new 

Article 1118 
Review 

The Commission, assisted by the Committee established by Article 1420, shall evaluate this 
Directive  in  the  light  of  experience  gained  during  its  application,  and,  if  necessary,  make 
proposals with respect to, inter alia: 

(a)  possible  complementary  measures  referring  to  the  renovations  in  buildings  with  a  total 
useful floor area less than 1000 m2; 

(a) 

methodologies  to  rate  the  energy  performance  of  buildings  on  the  basis  of  primary 
energy use and carbon dioxide emissions; 

(b) 

general incentives for further energy efficiency measures in buildings. 

(cid:216) new  

Article 19 
Information 

Member States may (cid:214) shall  take the necessary measures to inform the users (cid:214) owners or 
tenants   of  (cid:214) buildings  or  parts  thereof   as  to  the  different  methods  and  practices  that 
serve to enhance energy performance. 

(cid:216) new 

Member States shall in particular provide information to the owners or tenants of buildings on 
energy performance certificates and inspection reports, their purpose and objectives, on cost-
effective ways to improve the energy performance of the building and on mid- and long-term 
financial  consequences  if  no  action  is  taken  to  improve  the  energy  performance  of  the 
building.  

Upon  Member  States'  request,  the  Commission  shall  assist  Member  States  in  staging  the 
information  campaigns  concerned  (cid:214) for  the  purposes  of  the  first  and  the  second 
paragraphs , which may be dealt with in Community programmes. 

(cid:208) 2002/91 (adapted) 
(cid:214) new 

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(cid:216) new  

Article 20 
Adaptation of framework (cid:214) Annex I to technical progress  

Points 1 and 2 of the Annex I shall be reviewed at regular intervals, which shall not be shorter 
than two years. 

(cid:208)  PE-CO_S  3654/08  (2002/91 
adapted) (adapted) 
(cid:214) new 

⌦ The  Commission  shall  adapt ⌫  Adaptations  of  points  13  and  24  of  the  Annex  I  to  this 
Directive to technical progress. 

Those measures, designed to amend non-essential elements of this Directive, shall be adopted 
in accordance with the regulatory procedure with scrutiny referred to in Article 1421(2). 

(cid:208) PE-CO_S  3654/08 
adapted)  

(2002/91 

Article 1421 
Committee procedure 

1. 

2. 

The Commission shall be assisted by a Committee. 

Where  reference  is  made  to  this  paragraph,  Article  5a(1)  to  (4)  and  Article  7  of 
Decision  1999/468/EC  shall  apply,  having  regard  to  the  provisions  of  Article  8 
thereof. 

(cid:216) new 

Article 22 
Penalties 

Member  States  shall  lay  down  the  rules  on  penalties  applicable  to  infringements  of  the 
national provisions adopted pursuant to this Directive and shall take all measures necessary to 
ensure that they are implemented. The penalties provided for must be effective, proportionate 
and dissuasive. Member States shall communicate those provisions to the Commission by 31 
December 2010 at the latest and shall notify it without delay of any subsequent amendment 
affecting them 

EN 

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1. 

2. 

1. 

(cid:208) 2002/91 (adapted) 

Article 23 15 
Transposition 

Member  States  shall  bring  into  force  the  laws,  regulations  and  administrative 
provisions  necessary to comply  with  this  Directive  at the latest on 4 January  2006. 
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. 

Member States may, because of lack of qualified and/or accredited experts, have an 
additional period of three years to apply fully the provisions of Articles 7, 8 and 9. 
When  making  use  of  this  option,  Member  States  shall  notify  the  Commission, 
providing the appropriate justification together with a time schedule with respect to 
the further implementation of this Directive. 

(cid:216) new 

Member States shall adopt and publish, by 31 December 2010 at the latest, the laws, 
regulations and administrative provisions necessary to comply with Articles 2 to 17, 
19 and 22 and Annexes I and II of this Directive. They shall forthwith communicate 
to the Commission the text of those provisions and a correlation table between those 
provisions and this Directive. 

They shall apply those provisions as far as Articles 2, 3, 9, 10 to 12, 16, 17, 19 and 
22 are concerned, from 31 December 2010 at the latest. 

They  shall  apply  those  provisions  as  far  as  Articles  4  to  8,  13  to  15,  and  17  are 
concerned, to buildings occupied by the public authorities from 31 December 2010 at 
the latest and to other buildings from 31 January 2012 at the latest. 

When  Member  States  adopt  those  provisions,  they  shall  contain  a  reference  to  this 
Directive  or  be  accompanied  by  such  a  reference  on  the  occasion  of  their  official 
publication.  They  shall  also  include  a  statement  that  references  in  existing  laws, 
regulations and administrative provisions to the Directive repealed by this Directive 
shall be construed as references to this Directive. Member States shall determine how 
such reference is to be made and how that statement is to be formulated. 

2. 

Member States shall communicate to the Commission the text of the main provisions 
of national law which they adopt in the field covered by this Directive. 

Article 24 
Repeal 

Directive  2002/91/EC,  as  amended  by  the  Regulation  indicated  in  Annex  III,  Part  A,  is 
repealed  with  effect  from  1  February  2012,  without  prejudice  to  the  obligations  of  the 
Member States relating to the time-limit for transposition into national law and application of 
the Directive set out in Annex III, Part B. 

EN 

35 

   EN 

 
 
 
References  to  the  repealed  Directive  shall  be  construed  as  references  to  this  Directive  and 
shall be read in accordance with the correlation table in Annex IV. 

(cid:208) 2002/91 (adapted) 
(cid:214) new 

Article 25 16 
Entry into force 

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

This Directive is addressed to the Member States. 

Done at […]. 

Article 1726 

For the European Parliament 
The President 
[…] 

For the Council 
The President 
[…] 

EN 

36 

   EN 

 
 
(cid:208) 2002/91  
(cid:214) new 

ANNEX I 

General framework for the calculation of energy performance of buildings ( (cid:214) referred 
to in  Article 3) 

(cid:216) new 

1. The energy performance of a building shall be determined on the basis of the calculated or 
actual annual energy that is consumed in order to meet the different needs associated with its 
typical  use  and  shall  reflect  the  heating  energy  needs  and  cooling  energy  needs  (energy 
needed  to  avoid  over-heating)  to  maintain  the  envisaged  temperature  conditions  of  the 
building. 

2. The energy performance of a building shall be expressed in a transparent manner and shall 
also include a numeric indicator of carbon dioxide emissions and primary energy use.  

The methodology of calculation of energy performance of buildings should take into account 
European standards.  

(cid:208) 2002/91 (adapted) 
(cid:214) new 

13. The methodology of calculation of energy performances of buildings shall include⌦ be 
laid down taking into consideration ⌫ at least the following aspects: 

(a)  (cid:214) the  following  actual   thermal  characteristics  of  the  building  (shell 
and(cid:214) including its  internal partitions, etc.). 

(cid:216) new 

(i) 

thermal capacity; 

(ii) 

insulation; 

(iii)  passive heating;  

(iv)  cooling elements; and  

(v) 

thermal bridges;  

These characteristics may also include air-tightness. 

(cid:208) 2002/91 (adapted) 
(cid:214) new 

EN 

37 

   EN 

 
 
 
 
 
 
(b)  heating 
characteristics; 

installation  and  hot  water  supply, 

(c) 

air-conditioning installation ⌦ installations ⌫ ; 

including 

their 

insulation 

(d)  ⌦ natural  and  mechanical ⌫ ventilation  ⌦ , what  may 
tightness ⌫; 

include  air-

(cid:208) 2002/91 (adapted) 
(cid:214) new 

(e) 

built-in lighting installation (mainly ⌦ in ⌫ the non-residential sector); 

(f)  (cid:214) the  design,   position  ⌦ positioning ⌫  and  orientation  of  ⌦ the ⌫ 
buildings, including outdoor climate; 

(g)  passive solar systems and solar protection; 

(h) natural ventilation; 

(ih) 

indoor climatic conditions, including the designed indoor climate; 

(i) 

internal loads. 

(cid:216) new 

(cid:208) 2002/91 (adapted) 
(cid:214) new 

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

(a)  (cid:214) local  solar  exposure  conditions,   active  solar  systems  and  other  heating  and 
electricity systems based on renewable energy sources; 

(b) 

(c) 

(d) 

electricity produced by CHP ⌦ cogeneration ⌫ ; 

district or block heating and cooling systems; 

natural lighting. 

35. For the purpose of this calculation buildings should be adequately classified into ⌦ the 
following ⌫ categories such as: 

(a) 

(b) 

(c) 

(d) 

(e) 

(f) 

(g) 

single-family houses of different types; 

apartment blocks; 

offices; 

education buildings; 

hospitals; 

hotels and restaurants; 

sports facilities; 

EN 

38 

   EN 

 
 
 
 
(h) 

(i) 

wholesale and retail trade services buildings; 

other types of energy-consuming buildings. 

EN 

39 

   EN 

 
(cid:216) new  

ANNEX II 

Independent control systems for energy performance certificates and inspection reports 

1.  The  competent  authorities  or  bodies  to  whom  responsibilities  for  implementing  the 
independent  control  system  have  been  delegated  by  the  competent  authorities  shall  make  a 
random selection of at least 0.5 % of all the energy performance certificates issued annually 
and  subject  these  to  verification.The  verification  shall  be  carried  out  at  one  of  the  three 
alternative levels indicated below and each verification level shall be carried out at least for a 
statistically significant proportion of the certificates selected: 

(a) 

validity  check  of  input  data  of  the  building  used  to  issue  the  energy  performance 
certificate and the results stated in the certificate; 

check of the input data and verification of the results of the certificate, including the 

(b) 
recommendations given; 

full  check  of  input  data  of  the  building  used  to  issue  the  energy  performance 
(c) 
the 
certificate,  full  verification  of 
recommendations  given,  and  on-site  visit  of  the  building  to  check  correspondence  between 
specifications given in the energy performance certificate and the building certified. 

the  results  stated 

the  certificate, 

including 

in 

2.  The  competent  authorities  or  bodies  to  whom  responsibilities  for  implementing  the 
independent  control  system  have  been  delegated  by  the  competent  authorities  shall  make  a 
random  selection  of  at  least  0.1  %  of  all  the  inspection  reports  issued  annually  and  subject 
these to verification. The verification shall be carried out at one of the three alternative levels 
indicated  below  and  each  verification  level  shall  be  carried  out  at  least  for  a  statistically 
significant proportion of the inspection reports selected: 

validity check of input data of the technical building system inspected used to issue the 

(a) 
inspection report and the results stated in the inspection report; 

check of the input data and verification of the results of the inspection report including 

(b) 
the recommendations given; 

full  check  of  input  data  of  the  technical  building  system  inspected  used  to  issue  the 
(c) 
inspection report, full  verification  of  the results stated in the inspection report including the 
recommendations given and an on-site visit of the building to check correspondence between 
specifications given in the inspection report and the technical building system inspected. 

EN 

40 

   EN 

 
 
(cid:208) 2002/91 
(cid:214) new 

ANNEX III 

Part A 

Repealed Directive with its successive amendment 
(referred to in Article 24) 

Directive 2002/91/EC the European Parliament and of 
the Council 
(OJ L 1, 4.1.2003, p. 65) 

Regulation […] of the European Parliament and of 
the Council 
(OJ […]) 

only point 9.9 of the Annex 

Part B 

Time-limits for transposition into national law and application 
(referred to in Article 24) 

Directive 

Time-limit for transposition 

Date of application 

2002/91/EC 

4 January 2006 

4 January 2009 as regards 
Articles 7, 8 and 9 only 

_____________ 

EN 

41 

   EN 

 
 
 
ANNEX IV 

CORRELATION TABLE 

Directive 2002/91/EC 

This Directive 

Article 1 

Article 1 

Article 2, introductory wording 

Article 2, introductory wording 

Article 2, point (1) 

- 

Article 2, point (1) 

Article 2, point (2) 

Article 2, point (2) 

Article 2, point (3) and Annex I 

- 

Article 2, point (3) 

Article 2, point (4) 

- 

Article 2, point (5) 

Article 2, point (6) 

Article 2, point (7) 

Article 2, point (8) 

Article 3 

Article 4, point (1) 

Article 4, point (2) 

Article 4, point (3) 

- 

- 

- 

Article 5 

- 

Article 6 

- 

Article 2, points (4), (5), (6) and (7) 

Article 2, point (8) 

Article 2, point (9) 

Article 2, point (10) 

Article 2, point (11) 

Article 2, point (12) 

Article 2, point (13) 

Article 2, point (14) 

Article 19 and Annex I 

Article 4, point (1) 

- 

Article 4, point (2) 

Article 4, point (3) 

Article 4, point (4) 

Article 5 

Article 6, point (1) 

Article 6, point (2) 

Article 7 

Article 8 

EN 

42 

   EN 

 
- 

Article 7, point (1) 

Article 7, point (2) 

Article 7, point (3) 

- 

Article 9 

Article 10, point (5), Article 11, point (1), (2), 
(3), (5) and (6)  

Article 10, point (1) and (2)  

Article 12 

Article 11, point (4), (7) and (8) 

Article 8, introductory wording 

Article 13, introductory wording 

Article 8, sub (a) 

Article 13, point (1) and (3)  

- 

Article 8, sub (b) 

Article 9 

- 

- 

Article 10 

- 

Article 13, point (2) 

Article 13, point (4) 

Article 14, point (1) 

Article 14, point (2) 

Article 15 

Article 16 

Article 17 

Article 11, introductory wording 

Article 18, introductory wording 

Article 11, sub (a) 

- 

- 

Article 11, sub (b) 

Article 12 

Article 13 

Article 14, point (1) 

Article 14, point (2) 

Article 14, point (3) 

- 

Article 15, point (1) 

Article 15, point (2) 

EN 

Article 18, sub (a) 

Article 18, sub (b) 

Article 19 

Article 20 

Article 21, point (1) 

Article 21, point (2)  

- 

Article 22 

Article 23, point (1) and (2) 

-  

43 

   EN 

 
- 

Article 16 

Article 17 

Annex 

- 

Article 24 

Article 25 

Article 26 

Annex I 

Annexes II to IV 

EN 

44 

   EN 

 
LEGISLATIVE FINANCIAL STATEMENT  

1. 

NAME OF THE PROPOSAL: 

Proposal  for  a  Directive  of  the  European  Parliament  and  of  the  Council  on  the 
Energy Performance of Buildings 

2. 

ABM / ABB FRAMEWORK 

Policy Area(s) concerned and associated Activity/Activities: 

3. 

3.1. 

06: Energy and Transport 

BUDGET LINES 

Budget  lines  (operational  lines  and  related  technical  and  administrative 
assistance lines (ex- B..A lines)) including headings: 

06 01 01: Expenditure related to staff in active employment of "Energy and transport, 
policy area" 

3.2. 

Duration of the action and of the financial impact: 

Start 2010 

end: not determinated 

3.3. 

Budgetary characteristics : 

Budget 
line 

06 01 01  

Type of expenditure 

New 

EFTA 
contribution 

Contributions 
from applicant 
countries 

Heading in 
financial 
perspective 

Non-
comp 

Non-
diff 

NO 

NO 

NO 

No 5 

EN 

45 

   EN 

 
4. 

SUMMARY OF RESOURCES 

4.1. 

Financial Resources 

4.1.1. 

Summary of commitment appropriations (CA) and payment appropriations (PA) 

EUR million (to 3 decimal places) 

Expenditure type 

Section 
no. 

n + 1

n + 2

n + 3

n + 4 

Year 
n 

n + 5 
and 
later 

Total 

Operational expenditure 

Commitment Appropriations 
(CA) 

8.1. 

Payment 
(PA) 

Appropriations 

a 

b 

Administrative expenditure within reference amount 

Technical  &  administrative 
assistance (NDA) 

8.2.4. 

c 

TOTAL REFERENCE AMOUNT 

Commitment 
Appropriations 

Payment Appropriations 

a+c

b+c

Administrative expenditure not included in reference amount 

0,366  0,366 

0,366 

0,366 

0,366 

0,366 

2,196 

Human 
associated 
(NDA) 

resources 

and 
expenditure 

Administrative  costs,  other 
than  human  resources  and 
not 
associated 
reference 
in 
included 
amount (NDA) 

costs, 

8.2.5. 

d 

8.2.6. 

e 

Total indicative financial cost of intervention 

TOTAL CA including cost 
of Human Resources 

TOTAL  PA  including  cost 
of Human Resources 

Co-financing details 

a+c
+d
+e 

b+c
+d
+e 

0,366  0,366 

0,366 

0,366 

0,366 

0,366 

2,196 

0,366  0,366 

0,366 

0,366 

0,366 

0,366 

2,196 

If  the  proposal  involves  co-financing  by  Member  States,  or  other  bodies  (please 
specify  which),  an  estimate  of  the  level  of  this  co-financing  should  be  indicated  in 
the table below (additional lines may be added if different bodies are foreseen for the 
provision of the co-financing): 

EN 

46 

   EN 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
EUR million (to 3 decimal places) 

Year 
n 

n + 1

n + 2

n + 3

n + 4 

n + 5 
and 
later 

Total 

0,366  0,366 

0,366 

0,366 

0,366 

0,366 

2,196 

Co-financing body 

…………………… 

TOTAL  CA  including  co-
financing 

f 

a+c
+d
+e
+f 

4.1.2.  Compatibility with Financial Programming 

X 

(cid:133) 

(cid:133) 

Proposal is compatible with existing financial programming. 

Proposal  will  entail  reprogramming  of  the  relevant  heading  in  the  financial 
perspective. 

Proposal  may  require  application  of  the  provisions  of  the  Interinstitutional 
Agreement (i.e. flexibility instrument or revision of the financial perspective). 

4.1.3.  Financial impact on Revenue 

X 

(cid:133) 

Proposal has no financial implications on revenue 

Proposal has financial impact – the effect on revenue is as follows: 

Budget line 

Revenue 

EUR million (to one decimal place) 

Situation following action 

[Yea
r n] 

[n+1] [n+2]  [n+3

] 

[n+4] [n+5]
18 

Prior to
action 
[Year 
n-1] 

a) Revenue in absolute terms 

b) Change in revenue 

 ∆ 

4.2. 

Human Resources FTE (including officials, temporary and external staff) – see 
detail under point 8.2.1. 

Annual requirements 

Year n 

n + 1 

n + 2 

n + 3 

n + 4 

n + 5 
and 
later 

Total  number  of  human 
resources 

18 

Additional columns should be added if necessary i.e. if the duration of the action exceeds 6 years 

EN 

47 

   EN 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                 
5. 

CHARACTERISTICS AND OBJECTIVES 

Detailsof  the  context  of  the  proposal  are  required  in  the  Explanatory  Memorandum.  This 
section  of  the  Legislative  Financial  Statement  should  include  the  following  specific 
complementary information: 

5.1. 

Need to be met in the short or long term 

The  Directive  requires  the  Commission  to  establish  and  implement  a  methodology 
for  the  calculation  of  the  cost-optimal  level  of  minimum  energy  performance 
requirements  for  buildings.  This  methodology  needs  to  be  operational  by  31 
December 2010 at the latest. The Commission also needs to lay down the principles 
for defining low or zero energy and carbon buildings. 

The Directive requires Member States to use the abovementioned methodology and 
to report on its results every three years, starting on 30 June 2011. Member States are 
also  required  to  report  their  national  plans  on  low  or  zero  energy  and  carbon 
buildings  which  have  to  be  analysed  by  the  Commission  followed  by  a  progress 
report.  Finally,  Member  States  are  required  to  report  on  the  equivalence  of 
informational and volunteer measures on heating systems and inspection schemes. 

5.2. 

Value-added  of  Community  involvement  and  coherence  of  the  proposal  with 
other financial instruments and possible synergy 

The buildings sector is the largest user of energy and CO2 emitter in the EU and is 
responsible  for  about  40%  of  the  EU's  total  final  energy  consumption  and  CO2 
emissions.  The  sector  has  significant  untapped  potential  for  cost-effective  energy 
savings which, if realized, would mean that in 2020 the EU will consume 11% less 
final energy. 

5.3. 

Objectives, expected results and related indicators of the proposal in the context 
of the ABM framework 

The  objective  of  the  Directive  is  to  save  energy  and  to  reduce  greenhouse  gas 
emmission in the buildings sector. 

5.4.  Method of Implementation (indicative) 

Show below the method(s) chosen for the implementation of the action. 

(cid:133)  Centralised Management 

X 

(cid:133) 

directly by the Commission 

indirectly by delegation to: 

(cid:133) 

(cid:133) 

executive Agencies 

bodies set up by the Communities as referred to in art. 185 of the 
Financial Regulation 

X 

national public-sector bodies/bodies with public-service mission 

(cid:133) 

Shared or decentralised management 

(cid:133)  with Member states 

(cid:133)  with Third countries 

(cid:133) 

Joint management with international organisations (please specify) 

Relevant comments: 

EN 

48 

   EN 

 
6. 

MONITORING AND EVALUATION 

6.1.  Monitoring system 

Standard text 

6.2. 

Evaluation 

6.2.1.  Ex-ante evaluation 

6.2.2.  Measures taken  following  an intermediate/ex-post evaluation (lessons learned from 

similar experiences in the past) 

6.2.3.  Terms and frequency of future evaluation 

7. 

ANTI-FRAUD MEASURES  

Standard text 

EN 

49 

   EN 

 
 
 
 
 
8. 

DETAILS OF RESOURCES 

8.1. 

Objectives of the proposal in terms of their financial cost 

Commitment appropriations in EUR million (to 3 decimal places) 

Type of output 

Av. 
cost 

Year n 

Year n+1 

Year n+2 

Year n+3 

Year n+4 

Year n+5 and 
later 

TOTAL 

No. 
outputs 

Total 
cost 

No. 
outputs 

Total 
cost 

No. 
outputs 

Total 
cost 

No. 
outputs 

Total 
cost 

No. 
outputs 

Total 
cost 

No. 
outputs 

Total 
cost 

No. 
outputs 

Total 
cost 

of 

(Headings 
Objectives, 
actions 
and 
outputs should be 
provided) 

OPERATIONAL 
OBJECTIVE  No.1 
19……… 

Action 
1………………. 

- Output 1 

- Output 2 

Action 
2………………. 

- Output 1 

Sub-total 
Objective 1 

OPERATIONAL 
OBJECTIVE  No.2 
1……… 

Action 
1………………. 

19 

As described under Section 5.3 

EN 

50 

EN 

 
  
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                 
- Output 1 

Sub-total 
Objective 2 

OPERATIONAL 
OBJECTIVE  No.n 
1 

Sub-total 
Objective n 

TOTAL COST 

EN 

51 

EN 

 
  
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
8.2. 

Administrative Expenditure 

8.2.1.  Number and type of human resources 

Types of post 

Staff to be assigned to management of the action using existing and/or 
additional resources (number of posts/FTEs) 

Year n 

Year n+1  Year n+2  Year n+3  Year n+4  Year n+5 

AD 

3 

3 

3 

3 

3 

3 

Officials 

B*, 
C*/AST 

Staff financed by art. XX 
01 02 

Other  staff  financed  by 
art. XX 01 04/05 

TOTAL 

3 

3 

3 

3 

3 

3 

8.2.2.  Description of tasks deriving from the action 

Establish and monitor a methodology for the calculation of the cost-optimal level of 
minimum energy performance requirements for buildings 

Follow-up of the implementation of the Directive by the Member States and report 
on it. Preparation, organisation and follow-up of the meetings of the (commitology) 
committee. 

8.2.3. 

Sources of human resources (statutory) 

(cid:133) 

(cid:133) 

X 

(cid:133) 

(cid:133) 

Posts currently allocated to the management of the programme to be replaced 
or extended 

Posts pre-allocated within the APS/PDB exercise for year n 

Posts to be requested in the next APS/PDB procedure 

Posts  to  be  redeployed  using  existing  resources  within  the  managing  service 
(internal redeployment) 

Posts required for year n although not foreseen in the APS/PDB exercise of the 
year in question 

EN 

52 

   EN 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
8.2.4.  Other  Administrative  expenditure  included  in  reference  amount  (XX  01  04/05  – 

Expenditure on administrative management) 

Budget line 

(number and heading) 

EUR million (to 3 decimal places) 

Year 
n 

Year 
n+1 

Year 
n+2 

Year 
n+3 

Year 
n+4 

Year 
n+5  

and 
later 

TOTAL 

Technical 

1 
and 
assistance (including related staff costs) 

administrative 

Executive agencies20 

Other 

technical 

and 

administrative 

assistance 

- intra muros  

- extra muros 

Total  Technical  and  administrative 
assistance 

8.2.5.  Financial cost of human resources and associated costs not included in the reference 

amount 

EUR million (to 3 decimal places) 

Type of human resources 

Year n 

Year 
n+1 

Year 
n+2 

Year 
n+3 

Year 
n+4 

Year 
n+5 

and later 

0,366 

0,366 

0,366 

0,366 

0,366 

0,366 

Officials  and  temporary  staff 
(XX 01 01) 

Staff  financed  by  Art  XX  01 
02  (auxiliary,  END,  contract 
staff, etc.) 

(specify budget line) 

cost 

of  Human 
Total 
Resources  and  associated 
costs 
in  reference 
amount) 

(NOT 

0,366 

0,366 

0,366 

0,366 

0,366 

0,366 

Calculation– Officials and Temporary agents 

20 

Reference should be made to the specific legislative financial statement for the Executive Agency(ies) 
concerned. 

EN 

53 

   EN 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                 
Calculation– Staff financed under art. XX 01 02 

8.2.6. Other administrative expenditure not included in reference amount 

EUR million (to 3 decimal places)

Year 
n 

Year 
n+1 

Year 
n+2 

Year 
n+3 

Year 
n+4 

Year 
n+5 

and 
later 

TOTAL 

XX 01 02 11 01 – Missions 

XX 01 02 11 02 – Meetings & Conferences 

XX 01 02 11 03 – Committees21  

XX 01 02 11 04 – Studies & consultations 

XX 01 02 11 05 - Information systems 

2 

Total 

Other  Management 

Expenditure (XX 01 02 11) 

3  Other 

expenditure 

administrative 
including reference to budget line) 

nature 

of 

an 
(specify 

expenditure, 
than  human  resources  and 
in 

Total  Administrative 
other 
associated  costs  (NOT 
reference amount) 

included 

Calculation - Other administrative expenditure not included in reference amount 

The needs for human and administrative resources shall be covered within the allocation that 
can be granted to the managing DG in the framework of the annual allocation procedure in 
the light of budgetary constraints. 

21 

Specify the type of committee and the group to which it belongs. 

EN 

54 

   EN