Energy performance of buildings ***I European Parliament legislative resolution of 23 April 2009 on the proposal for a directive of the European Parliament and of the Council on the energy performance of buildings (COM(2008)0780 – C6-0413/2008 – 2008/0223(COD))#P6_TC1-COD(2008)0223 Position of the European Parliament adopted at first reading on 23 April 2009 with a view to the adoption of Directive 2009/…/EC of the European Parliament and of the Council on the energy performance of buildings#ANNEX I#ANNEX II#ANNEX III#ANNEX IV#ANNEX V#ANNEX VI
Date: 2009-04-23
Institutions: Committee on Industry, Research and Energy, Committee on Legal Affairs, European Parliament
Subjects: European standard, air conditioning, building, codification of EU law, energy policy, energy saving, heating, thermal insulation








CE2010184EN.01026301.xml










8.7.2010   


EN


Official Journal of the European Union


CE 184/263





Thursday 23 April 2009Energy performance of buildings (recast) ***I
P6_TA(2009)0278
European Parliament legislative resolution of 23 April 2009 on the proposal for a directive of the European Parliament and of the Council on the energy performance of buildings (recast) (COM(2008)0780 – C6-0413/2008 – 2008/0223(COD))
2010/C 184 E/65
(Codecision procedure – recast)

The European Parliament,
having regard to the Commission proposal to the European Parliament and the Council (COM(2008)0780),
having regard to Article 251(2) and Article 175(1) of the EC Treaty, pursuant to which the Commission submitted the proposal to Parliament (C6-0413/2008),
having regard to the Interinstitutional Agreement of 28 November 2001 on a more structured use of the recasting technique for legal acts (1),
having regard to the letter of 3 February 2009 from the Committee on Legal Affairs to the Committee on Industry, Research and Energy in accordance with Rule 80a(3) of its Rules of Procedure,
having regard to Rules 80a and 51 of its Rules of Procedure,
having regard to the report of the Committee on Industry, Research and Energy and the opinion of the Committee on Legal Affairs (A6-0254/2009),






A.


whereas, according to the Consultative Working Party of the Legal Services of the European Parliament, the Council and the Commission, the proposal in question does not include any substantive amendments other than those identified as such in the proposal and whereas, as regards the codification of the unchanged provisions of the earlier acts together with those amendments, the proposal contains a straightforward codification of the existing texts, without any change in their substance,










1.


Approves the Commission proposal as adapted to the recommendations of the Consultative Working Party of the legal services of the European Parliament, the Council and the Commission and as amended below;










2.


Calls on the Commission to refer the matter to Parliament again if it intends to amend the proposal substantially or replace it with another text;










3.


Instructs its President to forward its position to the Council and Commission.






(1)  OJ C 77, 28.3.2002, p. 1.


Thursday 23 April 2009P6_TC1-COD(2008)0223
Position of the European Parliament adopted at first reading on 23 April 2009 with a view to the adoption of Directive 2009/…/EC of the European Parliament and of the Council on the energy performance of buildings (recast)
(Text with EEA relevance)
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 Committee (1),
Having regard to the opinion of the Committee of the Regions (2),
Acting in accordance with the procedure laid down in Article 251 of the Treaty (3),
Whereas:






(1)


Directive 2002/91/EC the European Parliament and of the Council of 16 December 2002 on the energy performance of buildings (4) has been amended (5). Since further substantive amendments are to be made, it should be recast in the interests of clarity.










(2)



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.










(3)




As buildings account for 40 % of total energy consumption in the EU, reduction
 of energy consumption 
and the use of energy from renewable sources
 in the buildings sector constitute important ║ measures needed to reduce 
the EU’s energy dependency and
 greenhouse gas emissions. 
Together with an increased use of energy from renewable sources, measures taken to reduce energy consumption in the EU would allow the EU to
 comply with the Kyoto Protocol to the United Nations Framework Convention on Climate Change 
(UNFCCC), its long term commitment to maintain the global temperature rise below 2 oC, and its commitment to reduce by 2020, overall greenhouse gas emissions by at least 20 % below 1990 levels, and by 30 % in the event of an international agreement.
 Reduced energy consumption 
and an increased use of energy from renewable sources
 also has an important part to play in promoting security of energy supply, technological developments and in creating opportunities for employment and regional development, in particular in rural areas.










(4)


Management 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.










(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 Commission Communication entitled‘Action Plan for Energy Efficiency: Realising the Potential’. That Action Plan identified the significant potential for cost-effective energy savings in the buildings sector. The European Parliament, in its resolution of 31 January 2008, ║ called for the strengthening of provisions of Directive 2002/91/EC, 
and has called at various times, on the latest occasion in its resolution of 3 February 2009 on the Second Strategic Energy Review (6), for the 20 % energy efficiency target in 2020 to be made binding. Moreover, Decision No 406/2009/EC of the European Parliament and of the Council of 23 April 2009 on the effort of Member States to reduce their greenhouse gas emissions to meet the Community's greenhouse gas emission reduction commitments up to 2020 (7), sets national binding targets for CO2 reduction for which energy efficiency in the building sector will be crucial, and Directive 2009/28/EC of the European Parliament and of the Council of 23 April 2009 on the promotion of the use of energy from renewable sources (8) provides for the promotion of energy efficiency in the context of a binding target for energy from renewable sources accounting for 20 % of total EU energy consumption by 2020.














(6)






The European Council of March 2007 reaffirmed the Community's commitment to the Community-wide development of energy from renewable sources by endorsing a mandatory target of a 20 % share of energy from renewable sources by 2020. Directive 2009/28/EC establishes a common framework for the promotion of energy from renewable sources. It underlines the need to incorporate a factor for energy from renewable sources in meeting minimum energy performance requirements under Directive 2002/91/EC in order to speed up, for use in buildings, the introduction of minimum levels of energy from renewable sources.













(7)



The residential and tertiary sector, the major part of which is buildings, accounts for 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.











(8)



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.











(9)




Measures to improve further 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 other requirements concerning buildings such as accessibility, safety and the intended use of the building.











(10)



The energy performance of buildings should be calculated on the basis of a 
common
 methodology
, with objective variables that take into account regional climatic differences
, and that includes, in addition to thermal characteristics, other factors that play an increasingly important role such as heating, 
cooling and ventilation systems, heat recovery, zone control,
 application of renewable energy sources, passive heating and cooling elements, shading, indoor air-quality, adequate natural light 
measurements
, 
insulation and lighting systems, monitoring and control systems
 and design of the building. The methodology for calculating energy performance should ║ be based not only on the season in which heating is required, but should cover the annual energy performance of a building. 
That methodology should take into account existing European standards.













(11)



Member States should set minimum requirements for the energy performance of buildings. Those 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 for Member States ║ regularly to review ║ minimum energy performance requirements for buildings in the light of technical progress.











(12)



This Directive is without prejudice to Articles 87 and 88 of the Treaty. The term‘incentive’ used in this Directive should not therefore be interpreted as including State aid.











(13)



The Commission should lay down a 
common
 methodology for calculating cost-optimal levels of minimum energy performance requirements. 
This methodology should be consistent with that used in Community legislation applicable to performance requirements for the products, components and technical building systems which comprise the building.
 Member States should use this 
common
 methodology to 
adopt
 the minimum energy performance requirements. The results of this 
calculation
 and the data used to reach these results should be regularly reported to the Commission. These reports should enable the Commission to assess and report on the progress of Member States in reaching cost-optimal levels of minimum energy performance requirements ║. Member States should 
apply
 this methodology when they review 
and set
 their minimum energy performance requirements.











(14)



Buildings have 
a major
 impact on long-term energy consumption
. Given the long renovation cycle for existing buildings,
 new 
and existing
 buildings 
that are subject to major renovation,
 should therefore meet minimum energy performance requirements adapted to the local climate. As the application of alternative energy supply systems is ║ not generally explored to its full potential, alternative energy supply systems should be considered 
for new and existing buildings
, regardless of 
their
 size, 
pursuant to the principle of first ensuring that energy needs for heating and cooling are reduced to a minimum cost-optimal level
.











(15)



Major renovations of existing buildings, regardless of their size, provide an opportunity to take cost-effective measures to enhance the energy performance 
of the whole building
. 
Setting requirements for cost-effective measures will ensure that no barriers are created which might discourage major renovations from being undertaken.














(16)






Studies show that the construction sector suffers from inefficiency, which leads to end-user costs that are significantly higher than the optimal costs. Calculations show that the costs for construction could be reduced by as much as 30-35 % through reducing waste in most construction processes and for most products. The inefficiency in the construction sector poses a major threat to the aim and purpose of this Directive, since unjustified high costs for construction and renovation reduce the cost-effectiveness and thereby the energy-effectiveness of the sector. In order to guarantee the proper functioning of this Directive, the Commission should evaluate the functioning of the construction market and report its conclusions and suggestions to the European Parliament and the Council. Member States should strive to ensure transparent pricing in the field of construction and renovation, and in addition take appropriate measures to remove, for new entrants and in particular SMEs, barriers to entry to the market, and to relevant facilities and infrastructure.














(17)






In order to improve the energy efficiency of domestic appliances and of heating and cooling, information technology should be developed and brought into use; the objective being ‘intelligent buildings’.













(18)



Measures are needed to increase the number of buildings which not only fulfil current minimum energy performance requirements, but 
ensure at least a cost-optimal level of energy performance
. For this purpose Member States should draw up national plans for increasing the number of 
net zero energy
 buildings ▐ and regularly report such plans to the Commission.











(19)




In order to limit the reporting burden on ║ Member States it should be possible to integrate the reports required by this Directive into 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 ║ (9). 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.












(20)






Member States should be encouraged to take measures additional to those laid down in this Directive to promote the increased energy efficiency of buildings. Such measures may include financial and fiscal incentives to businesses, homeowners and tenants including reduced rates of VAT for renovation services.














(21)






Member States should avoid distortive energy price regulation for consumers which does not provide incentives to make energy savings.













(22)



The prospective buyer and tenant of a building or parts thereof should, through the energy performance certificate, be given correct information about the energy performance of the building and practical advice on improving such performance,. 
Owners and tenants of commercial buildings should also be obliged to exchange information regarding actual energy consumption, in order to ensure that all the data is available to make informed decisions about necessary improvements.
 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. 
Building owners should have the opportunity to request certification or an updated certificate at any time, not just at the time at which buildings are rented, sold or refurbished.














(23)






Public authorities should lead by example and should implement the recommendations included in the energy performance certificate within its validity period. Member States should include within their national plans measures to support public authorities to become early adopters of energy efficiency improvements and to implement the recommendations included in the energy performance certificate within its validity period. In developing national plans, Member States should consult the representatives of local and regional authorities.














(24)






In accordance with the requirements on the installation of smart meters laid down in Directive 2006/32/EC, owners and tenants should be supplied with accurate real-time information on energy consumption in the buildings that they occupy.













(25)



Buildings occupied by public authorities and buildings frequently visited by the public 
should
 set an example by showing 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 information on energy performance should be enhanced by clearly displaying these energy certificates. 
If Member States opt to include energy usage as part of energy certification requirements, a site-based approach should be possible, whereby a collection of buildings in the same vicinity and occupied by the same organisation share energy meters.














(26)






Ensuring mutual recognition of energy performance certificates issued by other Member States is likely to be important for the development of a cross-border market for financial and other services supporting energy efficiency. In order to facilitate this, the Commission should establish common minimum standards for the content and presentation of certificates, and for the accreditation of experts. An energy performance certificate should be available in both the language of the owner and of the tenant, so that recommendations are easily understood.













(27)



Recent years have seen a rise in the number of air-conditioning systems in European countries. This creates considerable problems at peak load times, increasing the cost of electricity and disrupting the energy balance in 
all Member States. Priority should be given to strategies which enhance the thermic performance of buildings during the summer period. To that end, there should be further development of passive cooling techniques, primarily those that improve indoor climatic conditions and the micro-climate around buildings
.











(28)



Regular inspection of heating and air-conditioning systems by qualified personnel contributes to maintaining their correct adjustment in accordance with the product specification and in that way ensures optimal performance from an environmental, safety and energy point of view. An independent assessment of the entire heating and air-conditioning system should occur at regular intervals during its life-cycle ║, in particular before ║ replacement or retrofitting. 
In order to minimise the administrative burden on building owners and tenants, Member States should ensure that any certification for energy performance includes an inspection of heating and air conditioning systems; and that, as far as possible, inspections of heating and air conditioning systems are carried out at the same time.













(29)



A common approach to the energy performance certification of buildings and to the inspection of heating and air-conditioning systems, carried out by qualified and 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. 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.












(30)






Local and regional authorities are critical for the successful implementation of this Directive. Their representatives should be consulted on every aspect of its implementation at national or regional level. Local planners and building inspectors should receive adequate guidance and resources to carry out the necessary tasks.














(31)






In so far as the access or pursuit of the profession of installer is a regulated profession, the preconditions for the recognition of professional qualifications are laid down in Directive 2005/36/EC of the European Parliament and of the Council of 7 September 2005 on the recognition of professional qualifications (10). This Directive therefore applies without prejudice to Directive 2005/36/EC. While Directive 2005/36/EC lays down requirements for the mutual recognition of professional qualifications, including for architects, there is a further need to ensure that architects and planners properly consider high-efficiency technologies in their plans and designs. Member States should therefore provide clear guidance. This should be done without prejudice to the provisions of Directive 2005/36/EC and in particular Articles 46 and 49 thereof.













(32)



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 Commission (11).











(33)




In particular, the Commission should be empowered to adapt to technical progress certain parts of the general framework set out in Annex I, ║ to establish a 
common methodology
 for calculating cost-optimal levels of minimum energy performance requirements and to establish 
a definition for net zero energy buildings taking into consideration normal regional weather conditions and predicted changes in such weather conditions over time.
 Since those measures are of general scope and are designed to amend non-essential elements of this Directive, inter alia by supplementing it with new non-essential elements, they must be adopted in accordance with the regulatory procedure with scrutiny provided for in Article 5a of Decision 1999/468/EC.












(34)






As lighting applications currently account for approximately 14 % of the energy used in the EU and as modern state of the art lighting systems can save more than 80 % of energy while maintaining lighting conditions in accordance with European standards, (which is an underexploited contribution to enabling the European Union to achieve the EU 2020 targets), the Commission should take appropriate steps towards the adoption of a Lighting Design Directive in order to complement the measures and aims laid down in this Directive. Higher energy efficiency arising from better lighting design and the use of energy efficient light sources in accordance with the provisions of Directive 2009/…/EC of the European Parliament and of the Council of … [establishing a framework for the setting of eco-design requirements for energy-related products (recast)] (12) is considered to make a significant contribution to better energy performance in buildings.













(35)



Since the objective 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 ║ adequately to address the challenges of energy 
performance
, and can by 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 principle of subsidiarity as set out in Article 5 of the Treaty. In accordance with the principles of proportionality, as set out in that Article, this Directive does not go beyond what is necessary in order to achieve those objectives.











(36)



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.











(37)



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 VI, Part B,




HAVE ADOPTED THIS DIRECTIVE:

Article 1


Subject matter

This Directive 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-optimal levels of energy performance.


This Directive lays down requirements as regards:






(a)


▐ a methodology for calculation of the integrated energy performance of buildings and parts thereof, 
of building components and of technical building systems
;










(b)


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










(c)


the application of minimum requirements on the energy performance of existing buildings ▐ that are subject to major renovation 
and of the building components and technical building systems where they are replaced or retrofitted;












(d)


national plans 
and targets
 for increasing the number of 
net zero energy
 buildings; ▐










(e)


energy certification of buildings or parts thereof;










(f)


regular inspection of heating and air-conditioning systems in buildings;










(g)


independent control systems for energy performance certificates and inspection reports;












(h)






education, training and mutual recognition requirements between Member States for certifiers of the energy performance of buildings and for inspectors of heating and air-conditioning systems;














(i)






national plans for eliminating obstacles under building, tenancy and heritage protection laws and for creating financial incentives.







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;












(2)






‘new building’ means a building for which the relevant authorisation for construction is obtained after the entry into force of this Directive;














(3)






‘parts of a building’ means apartments or units designated for separate use in building blocks;














(4)






‘net zero energy building’ means a building where, as a result of the very high level of energy efficiency of the building, the overall annual primary energy consumption is equal to or less than the energy production from renewable energy sources on site;













(5)



‘technical building system’ means technical equipment for heating, cooling, ventilation, hot water, lighting and electricity production, measurement, monitoring and control systems, or for a combination thereof;











(6)



‘energy performance of a building’ means the calculated or measured amount of energy needed to meet the 
primary
 energy demand associated with a typical use of the building, 
expressed in kWh/m2 per year, and
 which includes inter alia energy used for heating, hot water, cooling, ventilation
, and built-in lighting, taking into account passive solar gains, sun shading
 and natural lighting;











(7)



‘primary energy’: means 
energy from
 renewable and non-renewable 
sources
 which has not undergone any conversion or transformation process;












(8)






‘energy from renewable sources’ means energy from renewable non-fossil sources: wind, solar, geothermal, aerothermal, hydrothermal and ocean energy, hydropower, biomass, landfill gas, sewage treatment plant gas and biogases;













(9)



‘building envelope’ means 
the integrated
 elements of a building which separate its interior from the outdoor environment; ▐












(10)






‘building component’ means an individual part of a building which influences the energy performance of the building and is not covered by the technical building system, including windows, shading, exterior doors, walls, foundation, basement slab, ceiling, roof, and insulation systems;













(11)



‘major renovation’: means the renovation of a building where






(a)


the total cost of the renovation relating to the building envelope or the technical building systems is higher than 
20
 % of the value of the building, 
in which case the value shall be based on current construction costs in the Member State concerned,
 excluding the value of the land upon which the building is situated, or










(b)


more than 25 % of the surface of the building envelope 
which has a direct effect on the energy performance of the building,
 undergoes renovation;















(12)



‘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;











(13)



‘energy performance certificate’ means a certificate recognised by the Member State or a legal person designated by it, which indicates the energy performance of a building or parts thereof, calculated according to a methodology adopted in accordance with Article 3;











(14)



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











(15)



‘cost-optimal level’ means the level 
where the cost-benefit analysis calculated over
 the life-cycle of a building 
is positive
, taking into account at least the net present value of investment ▐ and operating costs (including energy costs), 
maintenance
, earnings from energy produced ▐ and, where applicable, disposal costs ║ ;












(16)



‘air-conditioning system’ means a combination of the components required to provide a form of indoor air treatment, including ventilation;











(17)



‘boiler’ means the combined boiler body-burner unit, designed to transmit to a fluid the heat released from burning;











(18)



‘effective rated output’ 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;











(19)



‘heat pump’ means 
a machine
, a device or installation that 
transfers
 heat ▐ from 
natural surroundings such as
 air, water or 
ground to buildings or industrial applications by reversing the natural flow of heat such that it flows from a lower to a higher temperature. The amount of ambient energy captured by heat pumps to be considered renewable energy for the purposes of this Directive shall be that established under Directive 2009/28/EC
;












(20)






‘energy poverty’ means the situation where a household has to spend more than 10 % of its revenue on energy bills in order to heat its home to an acceptable standard based on the levels recommended by the World Health Organisation;














(21)






‘lighting system’ means the combination of components required to provide a certain light level;














(22)






‘district heating or cooling’ means the distribution of thermal energy in the form of steam, hot water or chilled liquids, from a central source of production through a network to multiple buildings, for the use of space or process heating or cooling or for water heating;














(23)






‘lighting design’ means a scheme or drawing detailing the configuration and layout of lighting units including related control equipment.







Article 3


Adoption of a methodology of calculation of the energy performance of buildings



1.
   
The Commission shall, after consulting the relevant stakeholders and in particular representatives from local, regional and national authorities, establish by 31 March 2010
 a 
common
 methodology of calculation of the energy performance of buildings, in accordance with the general framework set out in Annex I.


Those measures designed to amend non-essential elements of this Directive by supplementing it shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 22(2).




2.
   
Member States shall implement
 this 
common
 methodology. ▐


3.
   
The energy performance of buildings shall be expressed in a transparent manner and shall include an indicator for primary energy demand.



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 
and for building components and technical building systems and parts thereof
 are set 
to achieve at least
 cost-optimal levels and are calculated in accordance with the 
common
 methodology referred to in Article 3.
When setting requirements, Member States 
shall consult public authorities and other relevant stakeholders and
 may differentiate between new and existing buildings and between different categories of buildings.
These requirements 
shall be consistent with other applicable Community legislation and
 shall take account of general indoor climate 
and indoor and outdoor lighting
 conditions, in order to avoid possible negative effects such as inadequate ventilation 
and inadequate natural lighting
, as well as local conditions and the designated function and the age of the building.
These requirements shall be reviewed at regular intervals which shall not be longer than 
four
 years and shall be updated in order to reflect technical progress in the building sector.


The provisions of this Article shall not prevent Member States from supporting the construction of new buildings, major renovations, or the upgrading of components and technical systems which go beyond the minimum requirements laid down in this Directive.


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






(a)


buildings officially protected as part of a designated environment or because of their special architectural or historic merit, 
in so far as
 compliance with 
a specific
 minimum energy performance 
requirement
 would unacceptably alter their character or appearance;










(b)


buildings used as places of worship and for religious activities;










(c)


temporary buildings with a planned time of use of 
less than 18 months
, 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)



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




3.   From30 June 
2012
 Member States shall 
only provide
 incentives for the construction or 
major
 renovation of buildings or parts thereof
, including building components, the results of which
 comply 
at least
 with minimum energy performance requirements achieving the results of the calculation referred to in Article 5(2).
4.   ▐ Member States 
shall
 review their minimum energy performance requirements set in accordance with paragraph 1 ║ 
and
 shall ensure that those requirements achieve 
at least
 the results of the calculation referred to in Article 5(2) 
no later than 30 June 2015.




5.
   
Member States shall provide subsidies and technical advice to historic buildings or centres to undertake specific programmes for adaptation to energy efficiency.




6.
   
Systems for the production of energy and insulation measures located in historic centres shall be subject to visual impact assessments.



Article 5


Calculation of cost-optimal levels of minimum energy performance requirements

1.   The Commission shall
, after consulting the relevant stakeholders and in particular representatives from local, regional and national authorities and on the basis of the principles set out in Annex IV,
 establish by 31 
March
 2010 a 
common
 methodology for calculating cost-optimal levels of minimum energy performance requirements for buildings or parts thereof. 
This common
 methodology 
may refer to relevant European standards and
 shall:






—


differentiate between new and existing buildings and between different categories of buildings,










—




reflect the different climatic conditions in different Member States and the likely change in those conditions over the lifetime of the building concerned, and












—




set out common assumptions or calculation methods for energy costs.








The Commission shall review and, if necessary, update the common methodology every five years.


Those measures designed to amend non-essential elements of this Directive by supplementing it shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 22(2).
2.   Member States shall calculate cost-optimal levels of minimum energy performance requirements using the 
common
 methodology established in accordance with paragraph 1 and relevant parameters, such as climatic conditions. ▐

Member States shall report to the Commission all input data and assumptions used as the basis for these calculations and the results of those calculations. The report 
shall
 be included in the Energy Efficiency Action Plans referred to in Article 14(2) of Directive 2006/32/EC. Member States shall submit those reports to the Commission ║ 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 
implementing this Article
.

Article 6


New buildings

1.   Member States shall take the necessary measures to ensure that new buildings meet the minimum energy performance requirements set in accordance with Article 4 
and comply with the provisions set out in Article 9.


For new buildings, Member States shall 
promote the use of high-efficiency
 alternative systems
. These alternative systems may include but are not limited to:








(a)


decentralised energy supply systems based on energy 
from renewable sources
;










(b)


cogeneration;










(c)


district or block heating or cooling, if available, 
particularly that based entirely or partially on energy from renewable sources
;










(d)


heat pumps
;














(e)






ICT equipment for monitoring and control purposes.







Article 7


Existing buildings

Member States shall take the necessary measures to ensure that when buildings undergo major renovation 
or building components and technical building systems or parts thereof are retrofitted or replaced
, their energy performance is upgraded in order to meet 
at least
 minimum energy performance requirements in so far as this is technically, functionally and economically feasible. Member States shall determine these minimum energy performance requirements in accordance with Article 4 
and taking into account the provisions of Article 9.
 The requirements 
shall
 be set for 
both
 the renovated systems 
and building
 components 
where they are retrofitted or replaced, and for the renovated building as a whole in the event of major renovation.




Member States shall encourage, in relation to buildings undergoing major renovation, the following high-efficiency alternative systems being considered and taken into account:










(a)






decentralised energy supply systems based on energy from renewable sources;














(b)






cogeneration;














(c)






district or block heating or cooling, if available, particularly that based entirely or partially on energy from renewable sources;














(d)






heat pumps;














(e)






ICT equipment for monitoring and control purposes.







Article 8


Technical building systems
and building components

1.   Member States shall set minimum energy performance requirements in respect 
of building components and
 of technical building systems which are installed 
and brought into operation
 in buildings 
and which are not covered by Directive 2009/…/EC [establishing a framework for the setting of eco-design requirements for energy-related products] and its implementing measures
. Requirements shall be set for new, replacement and retrofitting of 
operating equipment,
 technical building systems 
and building components
 and parts thereof 
and shall be applied in so far as they are technically and functionally feasible.


The requirements shall in particular cover the following components:






(a)


boilers, other heat generators 
or heat exchangers
 of heating systems
, including district or block heating and cooling
;










(b)


water heaters in hot water systems;










(c)


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












(d)






installed lighting;














(e)






building components.






2.   The minimum energy performance requirements set in accordance with paragraph 1 shall be consistent with 
any
 legislation applicable to the product(s) which compose the systems 
and building components
 and be based on proper installation of the product(s) and appropriate adjustment and control of the technical building system. 
In the case of technical building systems,
 those requirements shall ensure 
that they are properly adjusted when brought into operation,
 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.


3.
   
In accordance with Annex I of Directive 2009/…/EC of the European Parliament and of the Council of … [concerning common rules for the internal market in electricity] (13), Member States shall ensure that smart meters are installed in all new buildings and all buildings undergoing major renovation and whenever a meter is replaced, and shall encourage the installation of active control systems such as automation, control and monitoring systems, where appropriate.



Article 9


Net zero energy buildings

1.   Member States shall draw up national plans for increasing the number of 
net zero energy
 buildings.


Members States shall ensure that all new buildings are at least net zero energy buildings by 31 December 2018 at the latest.




Member States
 shall set targets for the minimum percentage 
of buildings which shall be, by 2015 and by 2020 respectively, net zero energy buildings, measured as a percentage
 of the total number of buildings and 
as a percentage
 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 
separate
 targets 
for both new and existing buildings
 referred in point (c) 
which apply at least three years before the respective targets set in this Article
 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 be drawn up after consulting all relevant stakeholders, including local and regional authorities, and include inter alia the following elements:
▐







(a)



intermediate targets expressed as a percentage ║ of the total number of buildings and ║ in relation to the total useful floor area for 2015 
and 2020 respectively
;












(b)






details of national requirements concerning minimum levels of energy from renewable sources in new buildings and existing buildings undergoing major renovation, as required under Directive 2009/28/EC and Articles 6 and 7 of this Directive;












(c)




a summary of all policies and
 information on the measures undertaken for the promotion of those buildings;












(d)






national, regional or local programmes to support measures for the promotion of these buildings such as fiscal incentives, financial instruments or reduced VAT.






3.   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 
shall
 be included in the Energy Efficiency Action Plans referred to in Article 14(2) of Directive 2006/32/EC.


4.
   
Within two months of the communication of a national plan by a Member State referred to in paragraph 3, the Commission may, taking full account of the principle of subsidiarity, reject that plan, or any aspect thereof, on the basis that it does not respect all of the requirements of this Article. In this case, the Member State concerned shall propose amendments. Within one month of receiving those proposals, the Commission shall accept the amended plan or request further specific amendments. The Commission and the Member State concerned shall take all reasonable steps to reach an agreement on the national plan within five months of the date of the initial communication.



5.   The Commission shall
, in accordance with the definition set out in Article 2,
 establish 
a detailed
 common 
definition of net zero energy
 buildings 
by 31 December 2010 at the latest
.
Those measures designed to amend non-essential elements of this Directive by supplementing it shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 22(2).

6.   The Commission shall 
by 30 June 2012 and every three years thereafter
 publish a report on the progress of Member States in increasing the number of 
net zero energy
 buildings. ▐ On the basis of this report the Commission shall develop 
an action plan
, and, if necessary, propose measures to increase the number of those buildings.

Article 10


Financial Incentives and Market Barriers



1.
   
Member States shall, by 30 June 2011, draw up national action plans, including proposed measures, for meeting the requirements laid down in this Directive through reducing existing legal and market barriers and developing existing and new financial and fiscal instruments to increase the energy efficiency of new and existing buildings.




These proposed measures shall be sufficient, effective, transparent and non-discriminatory, shall support the execution of the recommendations included in the energy performance certificate, strive to encourage substantial improvements in the energy performance of buildings where an improvement would not otherwise be economically feasible and include measures to support households at risk of energy poverty.




Member States shall compare their financial and fiscal instruments with the instruments listed in Annex V and, without prejudice to national legislation, implement at least two measures from that Annex.




2.
   
Member States shall communicate these national action plans to the Commission by including them in the Energy Efficiency Action Plans referred to in Article 14(2) of Directive 2006/32/EC and shall update them every three years.




3.
   
The Commission shall, by 30 June 2010 at the latest, following an impact assessment, bring forward appropriate legislative proposals to strengthen existing and introduce additional Community financial instruments to support the implementation of this Directive.




These proposals shall consider the following measures:










(a)






in the context of the revision of Regulation (EC) No 1080/2006 of the European Parliament and of the Council of 5 July 2006 on the European Regional Development Fund (14) for the next programming period, a significant increase of the maximum amount of the European Regional Development Fund allocation that may be used to support energy efficiency including district heating and cooling and renewable energy investments in housing and an extension of the eligibility of those projects;














(b)






the use of other Community funds to support research and development, information campaigns or training related to energy efficiency;














(c)






the establishment of an Energy Efficiency Fund, based on contributions from the Community budget, the European Investment Bank and Member States to act as a leverage for increasing private and public investments for projects increasing the energy efficiency of buildings, including renewable energy in buildings or building componentsby 2020. That Fund shall be integrated into the programming of other Community structural assistance. The criteria for its allocation shall be defined according to Council Regulation (EC) No 1083/2006 of 11 July 2006 laying down general provisions on the European Regional Development Fund, the European Social Fund and the Cohesion Fund (15) and it shall be implemented by 2014, at the latest;














(d)






reduced VAT for services and products, including renewable energy in buildings or building components, related to energy efficiency.






Article 11

Energy performance certificates

1.   Member States shall lay down the necessary measures to establish a system of certification of the energy performance of buildings. The energy performance certificate shall include the energy performance of a building and reference values such as minimum energy performance requirements in order to make it possible for owners or tenants of the building or parts thereof to ▐ assess its energy performance 
and to compare it easily with other residential or non-residential buildings. It may for non-residential buildings, where appropriate, also include the actual annual energy consumed, as referred to in Annex I.




Where a building is sold or let in advance of construction, the seller shall provide an accurate written assessment of its future energy performance.


2.   The certificate shall include recommendations for the 
cost-optimal
 improvement of the energy performance of a building or parts thereof.
The recommendations included in the energy performance certificate shall cover:






(a)


measures carried out in connection with a major renovation of the building envelope
, including its insulation systems,
 or technical building system(s);










b)


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




3.   The recommendations included in the energy performance certificate shall be technically feasible for the specific building and shall provide transparent information
, including as a minimum a clear indication of the calculated energy saving potential of the measure, the net present value and investment costs for the specific building or building type
. The evaluation of 
the costs
 shall be based on a set of standard conditions, 
which shall include as a minimum
 the assessment of energy savings and underlying energy prices
, financial or fiscal incentives
 and interest rates for investments necessary to implement the recommendations.


4.
   
Member States shall ensure that public authorities and other institutions which provide financing for the purchase or renovation of buildings take the indicated energy performance and the recommendations from energy performance certificates into account in determining the level and conditions of financial incentives, fiscal measures and loans.



5.   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
, including information on available fiscal and financial incentives and financing possibilities
.


6.
   
Public authorities, taking into account the leading role which they should play in the field of energy performance of buildings, shall implement the recommendations included in the energy performance certificate issued for buildings occupied by them within its validity period.



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






(a)


on a common certification of the whole building for blocks with a common heating system or










(b)


on the assessment of 
the energy performance of that apartment or unit.







8.   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.

9.   The validity of the energy performance certificate shall not exceed 10 years.


10.
   
The Commission shall adopt, by 30 June 2010, guidelines specifying minimum standards for the content, language and presentation of energy performance certificates.




That measure, designed to amend non-essential elements of this Directive by supplementing it, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 22(2).




11.
   
Each Member State shall recognise certificates issued in another Member State in accordance with these guidelines and shall not restrict the freedom to provide financial services for reasons relating to the certificate issued in that Member State.




12.
   
By 2011, on the basis of information received from Member States and in consultation with the relevant sectors, the Commission shall adopt a voluntary common European Union certification system for the energy performance of non-residential buildings.




That measure, designed to amend non-essential elements of this Directive by supplementing it shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 22(2).




By 2012, Member States shall introduce the European Union voluntary certification system referred to in the first subparagraph to function alongside the national certification scheme.


Article 12

Issue of energy performance certificates

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 
frequently visited by the public with
 a total useful floor area over 250 m2

and for buildings
 occupied by a public authority.
2.   Member States shall require on construction of buildings or parts thereof ║ , an energy performance certificate to be handed over to the owner by the vendor or the independent expert issuing the certificate and referred to in Article 17.
3.   Member States shall require on offer for sale of buildings or parts thereof ║ the numeric energy performance indicator of the energy performance certificate to be stated in all advertisements for sale of the building or parts thereof, and ║ the energy performance certificate to be shown to the prospective buyer.
The energy performance certificate shall at the latest be given by the vendor to the buyer at the moment of conclusion of the ║ contract for sale of the building or parts thereof.

4.   Member States shall require on offer for rent of the buildings or parts thereof ║ , the numeric energy performance indicator of the energy performance certificate to be stated in all advertisements for rent of the building or parts thereof, and ║ the energy performance certificate to be shown to the prospective tenant.
The energy performance certificate shall at the latest be given by the owner to the tenant at the moment of conclusion of the lease ║.


5.
   
A building owner may at any time request an accredited expert to produce, re-calculate and update an energy performance certificate, irrespective of whether the building is being constructed, refurbished, rented or sold.



6.   Member States may exclude the categories of buildings referred to in Article 4(2) from the application of paragraphs 1, 2, 3 and 4 of this Article.
Article 13

Display of ║ energy performance certificates

1.   Member States shall take measures to ensure that where ▐ a building is occupied by public authorities 
or where a building with a total useful floor area over 250 m2 is frequently visited by the public
 the energy performance certificate is displayed in a prominent place clearly visible to the public.
▐
Article 14

Inspection of heating systems

1.   Member States shall lay down the necessary measures to establish 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. Such inspection shall include an assessment of the boiler efficiency and the boiler sizing compared to the heating requirements of the building. 
Member States may suspend these inspections where an electronic monitoring and control system is in place.


2.   ║ Member States may set different rates of inspection depending on the type and effective rated output ▐ of the heating system. When setting those rates 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.
3.   Heating systems with boilers 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.
4.   By derogation from paragraphs 1, 2 and 3 Member States may decide to take measures to ensure the provision of advice to ║ users on the replacement of boilers, other modifications to the heating system and on alternative solutions to assess the efficiency and appropriate size of the boiler. The overall impact of this approach shall be equivalent to that arising from the provisions set out in paragraphs 1, 2 and 3.
Where Member States choose to apply the measures referred to in the first subparagraph ║ , they shall by 30 June 2011 at the latest submit to the Commission a report on the equivalence of those measures to the measures laid down in paragraphs 1, 2 and 3 ║ . 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.


Where the Commission considers that the report by the Member State referred to in the second subparagraph does not demonstrate the equivalence of a measure referred to in the first subparagraph, it may, within six months of receiving the report, request that the Member State either produce further evidence or implement specific additional measures. If, within one year of making this request, the Commission is not satisfied with the evidence provided or additional measures implemented, it may withdraw the derogation.


Article 15

Inspection of air-conditioning systems

1.   Member States shall lay down the necessary measures to establish a regular inspection of air-conditioning 
and ventilation
 systems, 
and reversible heat pumps with
 an effective rated output of more than 
5 kW
. The inspection shall include an assessment of the air-conditioning efficiency and the sizing compared to the cooling requirements of the building. 
The inspection of ventilation systems shall also include an assessment of the airflows.




Member States may suspend these inspections where an electronic monitoring and control system is in place allowing for remote monitoring of the efficiency and safety of the systems.


2.   The Member States may set different rates of inspection depending on the type and effective rated output of the air-conditioning system, 
the ventilation system or reversible heat pumps
. When setting those rates Member States shall take into account the costs of the inspection ▐ and the estimated energy cost savings that may result from the inspection.


3.
   
In laying down the measures referred to in paragraphs 1 and 2, Member States shall, as far as is economically and technically feasible, ensure that inspections are carried out in accordance with the inspection of heating systems and other technical systems referred to in Article 14 of this Directive and the inspection of leakages referred to in Regulation (EC) No 842/2006 of the European Parliament and of the Council of 17 May 2006 on certain fluorinated greenhouse gases

 (16).


4.
   
By derogation from paragraphs 1 and 2 Member States may take measures to ensure the provision of advice to users on the replacement of air conditioning systems or on other modifications to the air conditioning system which may include inspections to assess the efficiency and appropriate size of the air conditioning system. The overall impact of this approach shall be equivalent to that arising from the provisions set out in paragraphs 1 and 2.




Where Member States apply the measures referred to in the first subparagraph, they shall by 30 June 2011 at the latest, submit to the Commission a report on the equivalence of those measures to measures laid down in paragraphs 1 and 2. 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.




Where the Commission considers that the report by the Member State referred to in the second subparagraph does not demonstrate the equivalence of a measure referred to in the first subparagraph, it may, within six months of receiving the report, request that the Member State either produce further evidence or implement specific additional measures. If, within one year of making this request, the Commission is not satisfied with the evidence provided or additional measures implemented, it may withdraw the derogation.


Article 16

Reports on the inspection of heating and air-conditioning systems

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














(b)


recommendations for the cost-effective improvement of the energy performance of the system of the building or parts thereof.




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.
Article 17

Independent experts



1.
   Member States shall ensure that the energy performance certification of buildings, the inspection of heating systems and air-conditioning systems are carried out in an independent manner by qualified and accredited experts, whether operating in a self-employed capacity or employed by public bodies or private enterprises bodies.
Experts shall be accredited taking into account their competence and their independence.


2.
   
Member States shall ensure mutual recognition of national qualifications and accreditation.




3.
   
By 2011 the Commission shall establish guidelines including recommendations for minimum standards for the regular training of experts.




That measure, designed to amend non-essential elements of this Directive by supplementing it, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 22(2).




4.
   
Member States shall make available to the public information on training and accreditation. Member States shall also set up and make available a register of qualified and accredited experts.


Article 18

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. 
Member States shall establish split enforcement mechanisms for organisations which have responsibility for the enforcement of energy performance certificates and reports on the inspection of heating and air conditioning systems.


2.   The Member States may delegate ║ responsibilities for implementing the independent control systems, provided that they ensure that those systems are implemented in accordance with Annex II.
3.   Member States shall require ║ the energy performance certificates and the inspection reports referred to in paragraph 1 to be 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.
Article 19

Review

The Commission, assisted by the Committee established by Article 22, shall evaluate this Directive 
and consider a revision by 2015,
 in the light of experience gained 
and progress made
 during its application, and, if necessary, make proposals with respect to, inter alia:






(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;












(c)






establishment of a Community-wide requirement for existing buildings to be net zero energy buildings.






Article 20

Information



1.
   Member States shall take the necessary measures to inform the owners 
and
 tenants of buildings or parts thereof as to the different methods and practices that serve to enhance energy performance.


2.
   Member States shall in particular provide information to the owners 
and
 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 
and on financial instruments available
 to improve the energy performance of the building. 
Information campaigns shall aim to encourage owners and tenants to meet at least the minimum requirements set out in Articles 4 and 9.


Upon Member States' request, the Commission shall assist Member States in staging information campaigns for the purposes of paragraph 1 and the first subparagraph of this paragraph, which may be dealt with in Community programmes.


3.
   
Member States shall ensure that local and regional authorities are involved in the development of programmes to provide information and training and to raise awareness.




4.
   
Member States shall also ensure, with participation from local and regional authorities, that suitable guidance and training is made available for those responsible for implementing this Directive through planning and enforcement of building standards. In particular such guidance and training shall reinforce the importance of improving energy performance and shall enable consideration of the optimal combination of improvements in energy efficiency, use of renewable energy and use of district heating and cooling when planning, designing, building and renovating industrial or residential areas.




5.
   
Owners and tenants of commercial buildings shall exchange information regarding actual energy consumption.




6.
   
Member States shall provide information to the Commission regarding:










(a)






support schemes at national, regional and local level for the promotion of energy efficiency and the use of energy from renewable sources in buildings;














(b)






the share of energy from renewable sources used in the buildings sector at national and regional level, including specific information about whether the renewable energy comes from on-site devices, district heating and cooling or cogeneration;








This information shall be included in the Energy Efficiency Action Plans referred to in Article 14(2) of Directive 2006/32/EC.




7.
   
Member States shall take the necessary measures to train more installers and to ensure training to a higher level of competence for the installation and integration of the energy efficient and renewable technology required, so as to enable them to play the key role they have to support the improvement of building energy efficiency.




8.
   
By 2010, the Commission shall establish a website, which shall contain the following information:










(a)






the latest version of every Energy Efficiency Action Plan referred to in Article 14(2) of Directive 2006/32/EC;














(b)






details of measures currently in place at Community level to improve the energy performance of buildings, including any applicable financial/fiscal instrument, appropriate application or contact details;














(c)






details of national action plans and of national, regional and local measures currently in place in each Member State to improve the energy performance of buildings, including any applicable financial or fiscal instrument, any appropriate application or contact details;














(d)






examples of best practice at national, regional and local level on improving the energy performance of buildings.








The information referred to in the first subparagraph shall be in a form which is easily accessed and understood by ordinary tenants, owners and businesses from all Member States, as well as by all local, regional and national authorities. It shall be in a form which will assist these individuals and organisations easily to assess the support available to them to improve the energy performance of buildings, and to compare support measures between Member States.


Article 21

Adaptation of Annex I to technical progress

The Commission shall adapt points 3 and 4 of Annex I 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 22(2).
Article 22

Committee procedure

1.   The Commission shall be assisted by a Committee.
2.   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.
Article 23

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. 
Member States shall provide evidence for the effectiveness of the rules on penalties in the Energy Efficiency Action Plans referred to in Article 14(2) of Directive 2006/32/EC.


Article 24

Transposition

1.   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 18, 20 and 23 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.

Member States shall apply those provisions as far as Articles 2, 3, 9, 11 to 13, 17, 18, 20 and 23 are concerned, from 31 December 2010 at the latest.

Member States shall apply those provisions as far as Articles 4 to 8, 14 to 16, and 18 are concerned, to buildings occupied by ║ 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 25

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.
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 VI.
Article 26

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.
Article 27


Addressees


This Directive is addressed to the Member States.

Done at

For the European Parliament

The President



For the Council

The President





(1)  Opinion of 13 May 2009 (not yet published in the OJ).


(2)  Opinion of 21 April 2009 (not yet published in the OJ).


(3)  Position of the European Parliament of 23 April 2009.


(4)  OJ L 1, 4.1.2003, p. 65.

(5)  See Annex VI, Part A.

(6)  
Texts adopted P6_TA(2009)0038.



(7)  

OJ L 140, 5.6.2009, p. 136.



(8)  

OJ L 140, 5.6.2009, p. 16.



(9)  OJ L 114, 27.4.2006, p. 64.

(10)  

OJ L 255, 30.9.2005, p. 22.



(11)  OJ L 184, 17.7.1999, p. 23.

(12)  
OJ L …



(13)  
OJ L …



(14)  

OJ L 210, 31.7.2006, p. 1.



(15)  

OJ L 210, 31.7.2006, p. 25.



(16)  

OJ L 161, 14.6.2006, p. 1

.

Thursday 23 April 2009ANNEX I
General framework for the calculation of energy performance of buildings (referred to in Article 3)






1.


The energy performance of a building shall be determined on the basis of the calculated or actual annual 
primary
 energy that is consumed in order to meet the different needs associated with its 
customary
 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. 
Consumption shall be balanced where applicable against energy produced by energy from renewable sources on site.












2.


The energy performance of a building shall be expressed in a transparent manner and shall also include a numeric indicator of ▐ primary energy use
, expressed in kWh/m2 per year
.
The methodology of calculation of energy performance of buildings 
shall use
 European standards 
and relevant Community legislation, including Directive 2009/28/EC
.


When assessing the energy performance of electricity use in a building, the conversion factor from final to primary energy shall take into consideration the annual weighted average of the appropriate electricity fuel mix.












3.


The methodology shall be laid down taking into consideration at least the following aspects:






(a)


the following actual thermal characteristics of the building including its internal partitions






(i)


thermal capacity;










(ii)


insulation; 
as achieved by the lowest thermally conductive materials available;












(iii)


passive heating;










(iv)


cooling elements; and










(v)


thermal bridges;














(b)


heating installation and hot water supply, including their insulation characteristics;










(c)


air-conditioning installations, including cooling systems;










(d)


natural and mechanical ventilation, which may include air-tightness;










(e)


build-in lighting 
systems defined by a lighting design taking into account the appropriate lighting levels for the functions executed at room level, the presence of persons, the availability of the appropriate level of natural light, the flexible adoption of light levels which respect the differences of functions and whether the installation is for the residential or non-residential sector;












(f)


the design, positioning and orientation of the building, including outdoor climate;










(g)


passive solar systems and solar protection;










(h)


indoor climatic conditions, including the designed indoor climate;










(i)


internal loads.














4.


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






(a)


local solar exposure conditions, active solar systems and other heating and electricity systems based on renewable energy sources;










(b)


electricity produced by cogeneration;










(c)


district or block heating and cooling systems;










(d)


natural lighting.














5.


For the purpose of this calculation buildings should be adequately classified into the following categories:






(a)


single-family houses of different types;










(b)


apartment blocks;










(c)


offices;










(d)


education buildings;










(e)


hospitals;










(f)


hotels and restaurants;










(g)


sports facilities;










(h)


║ retail trade services buildings;












(i)






wholesale and logistics buildings;













(j)



other types of energy-consuming buildings.










Thursday 23 April 2009ANNEX 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 
by each expert
 and subject those certificates to verification. 
If an independent expert issues only a few certificates, the competent authorities or bodies shall make a random selection of at least one certificate and subject it 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 ║ for at least 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;










(b)


check of the input data and verification of the results of the certificate, including the recommendations given;










(c)


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
















2.





If those checks demonstrate non compliance, the competent authorities or bodies shall make a random selection of an additional five certificates issued by the same expert and subject those certificates to verification. Competent authorities or bodies shall impose penalties on the expert if the additional checks show non-compliance. The most serious infringements may be punished by way of withdrawal of the expert’s accreditation.












3.



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 
by each expert
 and subject those reports to verification. 
If an independent expert issues only a few inspection reports, the competent authorities or bodies shall make a random selection of at least one inspection report and subject it 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 ║ for at least a statistically significant proportion of the inspection reports selected:






(a)


validity check of input data of the technical building system inspected used to issue the inspection report and the results stated in the inspection report;










(b)


check of the input data and verification of the results of the inspection report including the recommendations given;










(c)


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
















4.





If those checks demonstrate non compliance, the competent authorities or bodies shall make a random selection of an additional five inspection reports issued by the same expert and subject those reports to verification. Competent authorities or bodies shall impose penalties on the expert if the additional checks show non-compliance. The most serious infringements may be punished by way of withdrawal of the expert’s accreditation.







Thursday 23 April 2009ANNEX III
Part A
Repealed Directive with its successive amendment
(referred to in Article 25)






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


 




Regulation (EC) No 1137/2008 of the European Parliament and of the Council
(
OJ L 311, 21.11.2008, p. 1
)


only point 9.9 of the Annex




Part B
Time-limits for transposition into national law and application
(referred to in Article 25)







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






Thursday 23 April 2009ANNEX IV


Principles for a common methodology for calculating cost-optimal levels




In setting a common methodology for calculating cost-optimal levels, the Commission shall take into consideration at least the following principles:








—




define reference buildings that are characterised by and representative of their functionality and geographic location, including indoor and outdoor climate conditions. The reference buildings shall cover both new and existing residential and non-residential buildings;












—




define technical packages (for example, insulation of the building's envelope or parts thereof, or more energy efficient technical building systems) of energy efficiency and energy supply measures to be assessed;












—




define complete technical packages designed to obtain net zero energy buildings;












—




assess heating and cooling energy demand, delivered energy, renewable energy produced on site, used primary energy and CO2 emissions of the reference buildings (including the defined technical packages applied);












—




assess the corresponding energy-related investment costs, energy costs and other running costs of the technical packages applied to the reference buildings from the societal perspective as well as from the perspective of the property owner or investor;












—




regional/local labour related costs, including materials;








By calculating the life-cycle costs of a building on the basis of technical packages of measures applied to a reference building and setting them in relation to the energy performance and CO2 emissions, the cost-efficiency of different levels of minimum energy performance requirements shall be assessed.




Thursday 23 April 2009ANNEX V


Financial instruments for improving the energy performance of buildings




Without prejudice to national legislation, Member States shall implement at least two financial instruments from the following list:










(a)






VAT reductions for energy saving, high energy performance and renewable energy goods and services;














(b)






other tax reductions for energy saving goods and services or energy efficient buildings, including fiscal rebates on income or property taxes;














(c)






direct subsidies;














(d)






subsidised loan schemes or low interest loans;














(e)






grant schemes;














(f)






loan guarantee schemes;














(g)






requirements on or agreements with energy suppliers to offer financial assistance to all categories of consumers.








Thursday 23 April 2009ANNEX VI
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 (5)





Article 2, point (2)


Article 2, point (6) and Annex I




-


Article 2, points (7), (9), (11) and (12)





Article 2, point (3)


Article 2, point (13)





Article 2, point (4)


Article 2, point (14)





-


Article 2, point (15)





Article 2, point (5)


Article 2, point (16)





Article 2, point (6)


Article 2, point (17)





Article 2, point (7)


Article 2, point (18)





Article 2, point (8)


Article 2, point (19)





Article 3



Article 20 and Annex I




Article 4 ║ (1)


Article 4 ║ (1)




Article 4 ║ (2)


-




Article 4 ║ (3)


Article 4 ║ (2)




-


Article 4 ║ (3)




-


Article 4 ║ (4)




-


Article 5




Article 5


Article 6 ║ (1)




-


▐




Article 6


Article 7




-


Article 8




-


Article 9




Article 7 ║ (1)



Article 11(7), Article 12 (1), (2), (3), (4) and (6)




Article 7 ║ (2)



Article 11 (1) and (2)




Article 7 ║ (3)



Article 13





-



Article 12 (4), (7) and (8)




Article 8, introductory wording



Article 14, introductory wording




Article 8, point (a)



Article 14 (1) and (3)





-



Article 14 (2)





Article 8, point (b)



Article 14 (4)





Article 9



Article 15 (1)





-



Article 15 (2)





-



Article 16





Article 10



Article 17





-



Article 18





Article 11, introductory wording



Article 19, introductory wording




Article 11, point (a)


-




-



Article 19, point (a)





Article 11, point (b)



Article 19, point (b)





Article 12



Article 20





Article 13



Article 21





Article 14 ║ (1)



Article 22 (1)





Article 14 ║ (2)



Article 22 (2)





║


║




-



Article 23





Article 15 ║ (1)



Article 24 (1) and (2)





Article 15 ║ (2)


-




-



Article 25





Article 16



Article 26





Article 17



Article 27





Annex


Annex I




-



Annexes II to VI