Opinion of the European Committee of the Regions — Amending the Energy Efficiency Directive to meet the new 2030 climate targets
Date: 2022-04-28
Institutions: Commission for the Environment, Climate Change and Energy, European Committee of the Regions
Subjects: EU energy policy, adaptation to climate change, energy consumption, energy cooperation, energy efficiency, energy saving, energy use, reduction of gas emissions




C_2022301EN.01013901.xml










5.8.2022   


EN


Official Journal of the European Union


C 301/139






Opinion of the European Committee of the Regions — Amending the Energy Efficiency Directive to meet the new 2030 climate targets
(2022/C 301/15)












Rapporteur:



Rafał Kazimierz TRZASKOWSKI (PL/EPP), President of the capital city of Warsaw





Reference documents:



Proposal for a Directive of the European Parliament and of the Council on energy efficiency (recast)
COM(2021) 558 — 2021/0203 (COD)
SEC(2021) 558 — 2021/0203 (COD)
SWD(2021) 623 — 2021/0203 (COD)
SWD(2021) 624 — 2021/0203 (COD)
SWD(2021) 625 — 2021/0203 (COD)
SWD(2021) 626 — 2021/0203 (COD)
SWD(2021) 627 — 2021/0203 (COD)








I.   RECOMMENDATIONS FOR AMENDMENTS


Amendment 1

Recital 16






Text proposed by the European Commission


CoR amendment




A fair transition towards a climate-neutral Union by 2050 is central to the European Green Deal. Energy poverty is a key concept consolidated in the legislative package entitled ‘Clean Energy for All Europeans’ and designed to facilitate a just energy transition. Pursuant to Regulation (EU) 2018/1999 and Directive (EU) 2019/944 of the European Parliament and of the Council (1), the Commission provided indicative guidance on appropriate indicators for measuring energy poverty and defining what a ‘significant number of households in energy poverty’ is. (2) Directive (EU) 2019/944 and Directive 2009/73/EC of the European Parliament and of the Council (3) requires Member States to take appropriate measures to address energy poverty wherever it is identified, 
including
 measures addressing the broader context of poverty.


A fair transition towards a climate-neutral Union by 2050 is central to the European Green Deal. Energy poverty is a key concept consolidated in the legislative package entitled ‘Clean Energy for All Europeans’ and designed to facilitate a just energy transition. Pursuant to Regulation (EU) 2018/1999 and Directive (EU) 2019/944 of the European Parliament and of the Council (4), the Commission provided indicative guidance on appropriate indicators for measuring energy poverty and defining what a ‘significant number of households in energy poverty’ is. (5) Directive (EU) 2019/944 and Directive 2009/73/EC of the European Parliament and of the Council (6) requires Member States to take appropriate measures to address energy poverty wherever it is identified, 
whether it affects vulnerable households, vulnerable businesses, especially micro and small enterprises or vulnerable mobility users;
 measures addressing the broader context of poverty 
should also be included
.





Amendment 2

Recital 17






Text proposed by the European Commission


CoR amendment




Low- and medium-income households, vulnerable customers, including final users, people facing or risking energy poverty and people living in social housing should benefit from the application of the energy efficiency first principle. Energy efficiency measures should be implemented as a priority to improve the situations of those individuals and households or to alleviate energy poverty. A holistic approach in policy making and in implementing policies and measures requires Member States to ensure that other policies and measures have no adverse effect on these individuals and households.


Low- and medium-income households, 
micro and small enterprises, vulnerable
 customers, including final users, people facing or risking energy 
and mobility
 poverty and people living in social housing should benefit from the application of the energy efficiency first principle. Energy efficiency measures should be implemented as a priority to improve the situations of those individuals and households or to alleviate energy poverty. A holistic approach in policy making and in implementing policies and measures requires Member States to ensure that other policies and measures have no 
direct or indirect
 adverse effect on these individuals and households.





Reason

Self-explanatory.

Amendment 3

Recital 25






Text proposed by the European Commission


CoR amendment




It would be preferable for the energy efficiency target to be achieved as a result of the cumulative implementation of specific national and European measures promoting energy efficiency in different fields. Member States should be required to set national energy efficiency policies and measures. Those policies and measures and the individual efforts of each Member State should be evaluated by the Commission, alongside data on the progress made, to assess the likelihood of achieving the overall Union target and the extent to which the individual efforts are sufficient to meet the common goal.


It would be preferable for the energy efficiency target to be achieved as a result of the cumulative implementation of specific 
local, regional,
 national and European measures promoting energy efficiency in different fields. Member States should be required to set national energy efficiency policies and measures. Those policies and measures and the individual efforts of each Member State should be evaluated by the Commission, alongside data on the progress made, to assess the likelihood of achieving the overall Union target and the extent to which the individual efforts are sufficient to meet the common goal.





Reason

Self-explanatory.

Amendment 4

Recital 28






Text proposed by the European Commission


CoR amendment




To fulfil their obligation, Member States should target the final energy consumption of all public services and installations of public bodies. To determine the scope of addressees, Member States should apply the definition of contracting authorities provided in the Directive 2014/24/EU of the European Parliament and of the Council (7). The obligation can be fulfilled by the reduction of final energy consumption in any area of the public sector, including transport, public buildings, healthcare, spatial planning, water management and wastewater treatment, sewage and water purification, waste management, district heating and cooling, energy distribution, supply and storage, public lighting, infrastructure planning. To lower the administrative burden for public bodies, Member States should establish digital platforms or tools to collect the aggregated consumption data from 
public
 bodies, make them publicly available, and report the data to the Commission.


To fulfil their obligation, Member States should target the final energy consumption of all public services and installations of public bodies. To determine the scope of addressees, Member States should apply the definition of contracting authorities provided in the Directive 2014/24/EU of the European Parliament and of the Council (8). The obligation can be fulfilled by the reduction of final energy consumption in any area of the public sector, including transport, public buildings, healthcare, spatial planning, water management and wastewater treatment, sewage and water purification, waste management, district heating and cooling, energy distribution, supply and storage, public lighting, infrastructure planning. To lower the administrative burden for 
local and regional authorities and other
 public bodies, Member States should establish digital platforms or tools to collect the aggregated consumption data from 
all
 public bodies, make them publicly available, and report the data to the Commission. 
Member States will have to ensure that local and regional authorities and other public bodies are sufficiently equipped for such data gathering.







Reason

Self-explanatory.

Amendment 5

Recital 29






Text proposed by the European Commission


CoR amendment




Member States should exercise an exemplary role by ensuring that all energy performance contracts and energy management systems are carried out in the public sector in line with European or international standards, or that energy audits are used to a large extent in the intense energy consuming parts of the public sector.


Member States, 
regions and local authorities
 should exercise an exemplary role by ensuring that all energy performance contracts and energy management systems are carried out in the public sector in line with European or international standards, or that energy audits are used to a large extent in the intense energy consuming parts of the public sector. 
To achieve this objective, Member States will have to provide clear guidance and procedures for the use of these instruments.







Reason

Self-explanatory.

Amendment 6

Recital 30






Text proposed by the European Commission


CoR amendment




Public authorities are encouraged to obtain support from entities such as sustainable energy agencies, where applicable established at regional or local level. The organisation of those agencies usually reflect the individual needs of public authorities in a certain region or operating in a certain area of the public sector. Centralised agencies can serve the needs better and work more effectively in other respects, for example, in smaller or centralised Member States or regarding complex or cross-regional aspects such as district heating and cooling. Sustainable energy agencies can serve as one-stop-shops pursuant to Article 21. Those agencies are often responsible for developing local or regional decarbonisation plans, which may also include other decarbonisation measures, such as the exchange of fossil fuels boilers, and to support public authorities in the implementation of energy related policies. Sustainable energy agencies or other entities to assist regional and local authorities may have clear competences, objectives and resources in the field of sustainable energy. Sustainable energy agencies could be encouraged to consider initiatives taken in the framework of the Covenant of Mayors, which brings together local governments voluntarily committed to implementing the Union’s climate and energy objectives, and other existing initiatives for this purpose. The 
decarbonisation
 plans should be linked to territorial development plans and take into account the comprehensive assessment which the Member States should carry out.


Public authorities are encouraged to obtain support from entities such as sustainable energy agencies, where applicable established at regional or local level. The organisation of those agencies usually reflect the individual needs of public authorities in a certain region or operating in a certain area of the public sector. Centralised agencies can serve the needs better and work more effectively in other respects, for example, in smaller or centralised Member States or regarding complex or cross-regional aspects such as district heating and cooling. Sustainable energy agencies can serve as one-stop-shops pursuant to Article 21. Those agencies are often responsible for developing local or regional decarbonisation plans, which may also include other decarbonisation measures, such as the exchange of fossil fuels boilers, and to support public authorities in the implementation of energy related policies. Sustainable energy agencies or other entities to assist regional and local authorities may have clear competences, objectives and resources in the field of sustainable energy. Sustainable energy agencies could be encouraged to consider initiatives taken 
by local and regional governments, in their fight against climate change, as part of the plans they have drawn up in this area either on the basis of a legal mandate or on a voluntary basis including
 in the framework of the Covenant of Mayors, which brings together local governments voluntarily committed to implementing the Union’s climate and energy objectives, and other existing initiatives for this purpose. The 
plans to combat climate change
 should be linked to territorial development plans and take into account the comprehensive assessment, which the Member States should carry out. 
These plans should also feed into energy and climate planning at national level, starting from the periodical revision of National Energy and Climate Plans: the Regulation (EU) 2018/1999 on the Governance of the Energy Union and Climate Action should be revised accordingly
.





Reason

Self-explanatory.

Amendment 7

Recital 31






Text proposed by the European Commission


CoR amendment




Member States should support public bodies in planning and the uptake of energy efficiency improvement measures, including at regional and local levels, by providing guidelines promoting competence building and training opportunities and 
encouraging
 cooperation amongst public bodies including amongst agencies. For that purpose, Member States could set up national competence centres on complex issues, such as advising local or regional energy agencies on district heating or cooling.


Member States should support 
local and regional authorities as well as other
 public bodies in planning and the uptake of energy efficiency improvement measures, including at regional and local levels, by providing 
financial and technical support and submitting plans addressing the lack of workforce and qualified professionals needed for all stages of the green transition, including craftsmen as well as high-skilled green technology experts, applied scientists and innovators. Member States should support public bodies to take into account the wider benefits beyond energy savings, such as healthy indoor climate with improved indoor air and environmental quality as well as the improvement of quality of life, especially for schools, daycares, sheltered housing, nursing homes and hospitals. Member States should provide
 guidelines promoting competence building and training opportunities and 
encourage
 cooperation amongst public bodies including amongst agencies. For that purpose, Member States could set up national 
and regional
 competence centres on complex issues, such as advising local or regional energy agencies on district heating or cooling.





Reason

Self-explanatory.

Amendment 8

Recital 32






Text proposed by the European Commission


CoR amendment




Buildings and transport, alongside industry, are the main energy users and main source of emissions (9). Buildings are responsible for about 40 % of the Union’s total energy consumption and for 36 % of its GHG from energy (10). The Commission Communication entitled Renovation Wave (11) addresses the twin challenge of energy and resource efficiency and affordability in the building sector and aims at doubling the renovation rate. It focusses on the worst performing buildings, energy poverty and on public buildings. Moreover, buildings are crucial to achieving the Union objective of reaching climate neutrality by 2050. Buildings owned by public bodies account for a considerable share of the building stock and have high visibility in public life. It is therefore appropriate to set an annual rate of renovation of buildings owned by public bodies on the territory of a Member State to upgrade their energy performance. Member States are invited to set a higher renovation rate, where that is cost-effective in the framework of the renovation of their buildings stock in conformity with their Long Term Renovation Strategies or national renovation programmes. That renovation rate should be without prejudice to the obligations with regard to nearly-zero energy buildings (NZEBs) set in Directive 2010/31/EU of the European Parliament and of the Council (12). During the next review of Directive 2010/31/EU, the Commission should assess the progress Member States achieved regarding the renovation ofpublic bodies’ buildings. The Commission should consider submitting a legislative proposal to revise the renovation rate, while taking into account the progress achieved by the Member States, substantial economic or technical developments, or where needed, the Union’s commitments for decarbonisation and zero pollution. The obligation to renovate public bodies’ buildings in this Directive complements that Directive, which requires Member States to ensure that when existing buildings undergo major renovation their energy performance is upgraded so that they meet the requirements on NZEBs.


Buildings and transport, alongside industry, are the main energy users and main source of emissions (13). Buildings are responsible for about 40 % of the Union’s total energy consumption and for 36 % of its GHG from energy (14). The Commission Communication entitled Renovation Wave (15) addresses the twin challenge of energy and resource efficiency and affordability in the building sector and aims at doubling the renovation rate. It focusses on the worst performing buildings, energy poverty and on public buildings. Moreover, buildings are crucial to achieving the Union objective of reaching climate neutrality by 2050. Buildings owned by public bodies account for a considerable share of the building stock and have high visibility in public life. It is therefore appropriate to set an annual rate of renovation of buildings owned by public bodies on the territory of a Member State to upgrade their energy performance. Member States are invited to set a higher renovation rate, where that is cost-effective in the framework of the renovation of their buildings stock in conformity with their Long Term Renovation Strategies or national renovation programmes. That renovation rate should be without prejudice to the obligations with regard to nearly-zero energy buildings (NZEBs) set in Directive 2010/31/EU of the European Parliament and of the Council (16). During the next review of Directive 2010/31/EU, the Commission should assess the progress Member States achieved regarding the renovation ofpublic bodies’ buildings. The Commission should consider submitting a legislative proposal to revise the renovation rate, while taking into account the progress achieved by the Member States, substantial economic or technical developments, or where needed, the Union’s commitments for decarbonisation and zero pollution. The obligation to renovate public bodies’ buildings in this Directive complements that Directive, which requires Member States to ensure that when existing buildings undergo major renovation their energy performance is upgraded so that they meet the requirements on NZEBs 
where applicable
. 
Additional guidance will be provided by the European Commission and the Member States on the deep renovation of buildings with historic value: specific initiatives aimed at supporting the renovation of such buildings will be put in place including different types of energy performance interventions.







Reason

Self-explanatory.

Amendment 9

Recital 34






Text proposed by the European Commission


CoR amendment




In 2020, more than half of the world’s population lives in urban areas. That figure is expected to reach 68 % by 2050 (17). In addition, half of the urban infrastructures by 2050 are still to be built (18). Cities and metropolitan areas are centres of economic activity, knowledge generation, innovation and new technologies. Cities influence the quality of life of the citizens who live or work in them. Member States should support 
municipalities
 technically and financially. A number of 
municipalities
 and other public bodies in the Member States have already put into place integrated approaches to energy saving 
and
 energy supply, for example via sustainable energy action plans, such as those developed under the Covenant of Mayors 
initiative
, and integrated urban approaches which go beyond individual interventions in buildings or transport modes.


In 2020, more than half of the world’s population lives in urban areas. That figure is expected to reach 68 % by 2050 (19). In addition, half of the urban infrastructures by 2050 are still to be built (20). Cities and metropolitan areas are centres of economic activity, knowledge generation, innovation and new technologies. Cities influence the quality of life of the citizens who live or work in them. Member States should support 
local authorities
 technically and financially. A number of 
local and regional authorities
 and other public bodies in the Member States have already put into place integrated approaches to energy saving, energy supply 
and sustainable mobility on the basis of a legal mandate or on a voluntary basis
, for example via sustainable energy action plans, such as those developed under the Covenant of Mayors and integrated urban approaches 
such as those developed under Sustainable Urban Mobility Plans
, which go beyond individual interventions in buildings or transport modes. 
Further efforts are needed in the area of improving the energy efficiency of urban mobility, both passenger and freight transport. Considering the significant additional efforts that are asked from local and regional authorities that are at the forefront of the energy transition, it needs to be ensured that these local and regional authorities have an easy access to receive the necessary financial support for implementing their Sustainable Energy and Climate Plans and Sustainable Urban Mobility green transition plans from the European instruments. To this end, particular attention will be given to the implementation of measures that already exist within the current legal framework. This is relevant for example throughout the implementation of the European funds such as the MFF and NextGenerationEU including the Recovery and Resilience Facility, Structural Funds and the Cohesion Policy Funds, the Rural Development Fund and the Just Transition Fund, as well as the financial instruments and technical assistance available under InvestEU. The active involvement of regions and, where applicable, local authorities in the development and implementation of the Partnership agreements and Operational Programmes is crucial, together with the provision of direct support for sustainable urban development as well as sufficient resources under the Policy Objective for a greener, low-carbon transitioning towards a net zero carbon economy and resilient Europe.







Reason

Self-explanatory.

Amendment 10

Recital 36






Text proposed by the European Commission


CoR amendment




All public entities investing public resources through procurement should lead by example when awarding contracts and concessions by choosing products, services works and buildings with the highest energy efficiency performance, also in relation to those procurements that are not subject to specific requirements under Directive 2009/30/EC. In that context, all award procedures for public contracts and concessions with the value above the thresholds set out in Articles 6 and 7 of Directive 2014/23/EU of the European Parliament and of the Council (21), Article 2(1) of Directive 2014/24/EU of the European Parliament and of the Council (22), and Articles 3 and 4 of Directive 2014/25/EU of the European Parliament and of the Council, need to take into account the energy efficiency performance of the products, buildings and services set by Union or national law, by considering as priority the energy efficiency first principle in their procurement procedures.


All public entities investing public resources through procurement should lead by example when awarding contracts and concessions by choosing products, services works and buildings with the highest energy efficiency performance, also in relation to those procurements that are not subject to specific requirements under Directive 2009/30/EC; 
the green and circular public procurement criteria should be used as guidance in this regard
. In that context, all award procedures for public contracts and concessions with the value above the thresholds set out in Articles 6 and 7 of Directive 2014/23/EU of the European Parliament and of the Council (23), Article 2(1) of Directive 2014/24/EU of the European Parliament and of the Council (24), and Articles 3 and 4 of Directive 2014/25/EU of the European Parliament and of the Council, need to take into account the energy efficiency performance of the products, buildings and services set by Union or national law, by considering as priority the energy efficiency first principle in their procurement procedures.





Reason

Self-explanatory.

Amendment 11

Recital 39






Text proposed by the European Commission


CoR amendment




It is important that Member States provide the necessary support to public bodies in the uptake of energy efficiency requirements in public procurement and, where appropriate, use of green public procurement, by providing necessary guidelines and methodologies on carrying out the assessment of life-cycle costs, and environment impacts and costs. Well-designed tools, in particular digital tools, are expected to facilitate the procurement procedures and reduce the administrative costs especially in smaller Member States that may not have sufficient capacity to prepare tenders. In this regard, Member States should actively promote the use of digital tools and cooperation amongst contracting authorities including across borders for the purpose of exchanging best practice.


It is important that Member States provide the necessary support to 
local authorities, regional authorities and other
 public bodies in the uptake of energy efficiency requirements in public procurement and, where appropriate, use of green public procurement, by providing necessary guidelines and methodologies on carrying out the assessment of life-cycle costs, and environment impacts and costs. Well-designed tools, in particular digital tools, are expected to facilitate the procurement procedures and reduce the administrative costs especially in smaller Member States that may not have sufficient capacity to prepare tenders. In this regard, Member States should actively promote the use of digital tools and cooperation amongst contracting authorities including across borders for the purpose of exchanging best practice. 
In addition to that, specific capacity-building activities should be carried out in order to ensure that administrations of all sizes have access to the same tools and opportunities, also in the framework of the RePowerEU Plan
.


Member States should promote the production of biogas from organic urban waste in municipalities and groupings of municipalities, as well as the installation of photovoltaic panels on public buildings.




Groupings of irrigation communities should also be promoted as producers and injectors of photovoltaic energy into the general electricity grid.







Reason

Self-explanatory.

Amendment 12

Recital 61






Text proposed by the European Commission


CoR amendment




This Directive refers to the concept of vulnerable customers, which Member States are to establish pursuant to Directive (EU) 2019/944. In addition, pursuant to Directive 2012/27/EU, the notion of ‘final users’ alongside the notion of ‘final customer’ clarifies that the rights to billing and consumption information also apply to consumers without individual or direct contracts with the supplier of energy used for collective heating, cooling or domestic hot water production systems in multi-occupant buildings. The concept of vulnerable customers does not necessarily ensure the targeting of final users. Therefore, in order to ensure that the measures set out in this Directive reach all individuals and households in a situation of vulnerability, Member States should include not only customers, in its strict sense, but also final users, in establishing their definition of vulnerable customers.


This Directive refers to the concept of vulnerable customers, which Member States are to establish pursuant to Directive (EU) 2019/944. In addition, pursuant to Directive 2012/27/EU, the notion of ‘final users’ alongside the notion of ‘final customer’ clarifies that the rights to billing and consumption information also apply to consumers without individual or direct contracts with the supplier of energy used for collective heating, cooling or domestic hot water production systems in multi-occupant buildings. The concept of vulnerable customers does not necessarily ensure the targeting of final users. Therefore, in order to ensure that the measures set out in this Directive reach all individuals and households in a situation of vulnerability, Member States should include not only customers, in its strict sense, but also final users, in establishing their definition of vulnerable customers. 
The concept of vulnerable micro and small enterprises, as defined in the Social Climate Fund, is also in the scope of the Directive.







Reason

Self-explanatory.

Amendment 13

Recital 69






Text proposed by the European Commission


CoR amendment




It is crucial to raise the awareness of all Union citizens about the benefits of increased energy efficiency and to provide them with accurate information on the ways in which it can be achieved. Citizens of all ages should also be involved in the energy transition via the European Climate Pact and the Conference on the Future of Europe. Increased energy efficiency is also highly important for the security of energy supply of the Union through lowering its dependence on import of fuels from third countries.


It is crucial to raise the awareness of all Union citizens about the benefits of increased energy efficiency and to provide them with accurate information on the ways in which it can be achieved. Citizens of all ages should also be involved in the energy transition via the European Climate Pact
, the Erasmus+ programme
 and the Conference on the Future of Europe. Increased energy efficiency is also highly important for the security of energy supply of the Union through lowering its dependence on import of fuels from third countries.





Reason

Self-explanatory.

Amendment 14

Recital 71






Text proposed by the European Commission


CoR amendment




When implementing this Directive and taking other measures in the field of energy efficiency, Member States should pay particular attention to synergies between energy efficiency measures and the efficient use of natural resources in line with the principles of the circular economy.


When implementing Directive 2012/27/EU as amended by this Directive and taking other measures in the field of energy efficiency, Member States should pay particular attention to synergies between energy efficiency measures and the efficient use of natural resources in line 
with the zero-pollution ambition and
 with the principles of the circular economy
, and nature and biodiversity protection.







Reason

Self-explanatory.

Amendment 15

Recital 80 (new point)






Text proposed by the European Commission


CoR amendment




 










(80a)






When assessing the potential for efficient heating and cooling, Member States shall take wider environmental, health and safety aspects into account. Due to the role of heat pumps for realising energy efficiency potentials in heating and cooling, the risks of negative environmental impacts from refrigerants that are persistent, bioaccumulative or toxic should be minimised.











Amendment 16

Recital 92






Text proposed by the European Commission


CoR amendment




The contribution of renewable energy communities, pursuant to Directive (EU) 2018/2001 of the European Parliament and of the Council (25), and citizen energy communities, according to Directive (EU) 2019/944 towards the objectives of the European Green Deal and the 2030 Climate Target Plan, should be recognised. Member States should, therefore, consider and promote the role of renewable energy communities and citizen energy communities. Those communities can help Member States to achieve the objectives of this Directive by advancing energy efficiency at local or household level. They can empower and engage consumers and enable certain groups of household customers, including in rural and remote areas to participate in energy efficiency projects and interventions. Energy communities can help fighting energy poverty through facilitation of energy efficiency projects, reduced energy consumption and lower supply tariffs.


The contribution of renewable energy communities, pursuant to Directive (EU) 2018/2001 of the European Parliament and of the Council (26), and citizen energy communities, according to Directive (EU) 2019/944 towards the objectives of the European Green Deal and the 2030 Climate Target Plan, should be recognised. Member States should, therefore, consider and promote the role of renewable energy communities and citizen energy communities. Those communities can help Member States to achieve the objectives of this Directive 
and implement the energy efficiency first principle
 by advancing energy efficiency at local or household level 
as well as in public buildings in collaboration with local authorities
. They can empower and engage consumers and enable certain groups of household customers, including in rural and remote areas to participate in energy efficiency projects and interventions. Energy communities can help fighting energy poverty through facilitation of energy efficiency projects, reduced energy consumption and lower supply tariffs. 
To this purpose, Member States should review the implementing legislation and procedures with a view to removing unnecessary hurdles and bottlenecks. Public administrations at all levels should be duly trained on the subject. These efforts will also contribute to improving the energy security of the EU.







Reason

Self-explanatory.

Amendment 17

Recital 97






Text proposed by the European Commission


CoR amendment




Public funding available at national and Union level should be strategically invested into energy efficiency improvement measures, in particular for the benefit of vulnerable customers, people affected by energy poverty and those living in social housing. Member States should take advantage of any financial contribution they might receive from the Social Climate Fund [Social Climate Fund Regulation], and of revenues from allowances from the EU Emissions Trading System. These revenues will support Member States in fulfilling their obligation to implement energy efficiency measures and policy measures under the energy savings obligation as a priority among vulnerable customers and people affected by energy poverty, which may include those living in rural and remote regions.


Public funding available at national and Union level should be strategically invested into energy efficiency improvement measures, in particular for the benefit of vulnerable customers, people affected by energy poverty and those living in social housing. Member States
, in close cooperation with local and regional authorities,
 should take advantage of any financial contribution they might receive from the Social Climate Fund [Social Climate Fund Regulation], and of revenues from allowances from the EU Emissions Trading System. These revenues will support Member States in fulfilling their obligation to implement energy efficiency measures and policy measures under the energy savings obligation as a priority among vulnerable customers and people affected by energy poverty, which may include those living in rural and remote regions.





Reason

Self-explanatory.

Amendment 18

Recital 98 (new point)






Text proposed by the European Commission


CoR amendment




 




Long-term behavioural changes in energy consumption can be achieved through the empowerment of citizens. Energy communities can help deliver long-term energy savings, particularly among households, and an increase in sustainable investments from citizens and small businesses. Member States should empower such actions by citizens through support for community energy projects and organisations.







Amendment 19

Recital 108






Text proposed by the European Commission


CoR amendment




Member States 
and
 regions should be encouraged to make full use of the European funds available in the MFF and NextGenerationEU including the Recovery and Resilience Facility, the Cohesion Policy Funds, the Rural Development Fund and the Just Transition Fund, as well as the financial instruments and technical assistance available under InvestEU, to trigger private and public investments in energy efficiency improvement measures. Investment in energy efficiency has the potential to contribute to economic growth, employment, innovation and a reduction in energy poverty in households, and therefore makes a positive contribution to economic, social and territorial cohesion and green recovery. Potential areas for funding include energy efficiency measures in public buildings and housing, and 
providing new skills
 to promote employment in the energy efficiency sector. The Commission will ensure synergies between the different funding instruments, in particular the funds in the shared management and in the direct management (like the centrally managed programmes: Horizon Europe or LIFE), as well as between grants, loans and technical assistance to maximise their leverage effect on private financing and their impact on the achievement of energy efficiency policy objectives.


Member States, regions, cities and municipalities
 should be encouraged to make full use of the European funds available in the MFF and NextGenerationEU including the Recovery and Resilience Facility, the Cohesion Policy Funds, the Rural Development Fund and the Just Transition Fund, as well as the financial instruments and technical assistance available under InvestEU, to trigger private and public investments in energy efficiency improvement measures 
particularly at the local level. They should ensure the active involvement of local authorities in the development and implementation of the Partnership agreements and Operational Programmes and provide them with direct support for sustainable urban development as well as sufficient resources under the Policy Objective for a greener, low-carbon transitioning towards a net zero carbon economy
. Investment in energy efficiency has the potential to contribute to economic growth, employment, innovation and a reduction in energy poverty in households, and therefore makes a positive contribution to economic, social and territorial cohesion and green recovery. Potential areas for funding include energy efficiency measures in public buildings and housing, and 
the training, reskilling and upskilling of professionals, in particular in jobs related to building renovation
 to promote employment in the energy efficiency sector. 
To this purpose, efforts will have to be stepped up at European and Member State level to increase the capacities of local and regional authorities to deal with European Funds and therefore enhance the overall absorption capacity of EU regions and cities.
 The Commission 
will aim for an easy access of cities and regions to the centrally managed programmes as well as for more funds that can be received directly. It
 will ensure synergies between the different funding instruments, in particular the funds in the shared management and in the direct management (like the centrally managed programmes: Horizon Europe or LIFE), as well as between grants, loans and technical assistance to maximise their leverage effect on private financing and their impact on the achievement of energy efficiency policy objectives.





Reason

Self-explanatory.

Amendment 20

Recital 109






Text proposed by the European Commission


CoR amendment




Member States should encourage the use of financing facilities to further the objectives of this Directive. Such financing facilities could include financial contributions and fines from non-fulfilment of certain provisions of this Directive; resources allocated to energy efficiency under Article 10(3) of Directive 2003/87/EC of the European Parliament and of the Council (27); resources allocated to energy efficiency in the European funds and programmes, and dedicated European financial instruments, such as the European Energy Efficiency Fund.


Member States should encourage the use of financing facilities to further the objectives of this Directive. Such financing facilities could include financial contributions and fines from non-fulfilment of certain provisions of this Directive; resources allocated to energy efficiency under Article 10(3) of Directive 2003/87/EC of the European Parliament and of the Council (28); resources allocated to energy efficiency in the European funds and programmes, and dedicated European financial instruments, such as the European Energy Efficiency Fund.


To this purpose, the European Commission and the Members States will have to work on building platforms aimed at aggregating small and medium-sized projects with a view to creating pools of projects suitable for financing purposes.







Reason

Self-explanatory.

Amendment 21

Recital 113






Text proposed by the European Commission


CoR amendment




Available Union funding programmes, financial instruments and innovative financing mechanisms should be used to give practical effect to the objective of improving the energy performance of public bodies’ buildings. In that respect, Member States may use their revenues from annual emission allocations under Decision No 406/2009/EC in the development of such mechanisms on a voluntary basis and taking into account national budgetary rules.


Available Union funding programmes, financial instruments and innovative financing mechanisms should be used to give practical effect to the objective of improving the energy performance of public bodies’ buildings. In that respect, Member States may use their revenues from annual emission allocations under Decision No 406/2009/EC in the development of such mechanisms on a voluntary basis and taking into account national budgetary rules.


The European Commission and the Member States will have to provide regional and local administrations with adequate information and training on such programmes in order to enhance their capacity to attract financial resources. The Covenant of Mayors platform could be one of the tools for such action, also in the framework of the RePowerEU plan, alongside other tools established under existing climate change regulations at regional and local level.







Reason

Self-explanatory.

Amendment 22

Recital 119






Text proposed by the European Commission


CoR amendment




Local and regional authorities should be given a leading role in the development and design, execution and assessment of the measures laid down in this Directive, so that they are able properly to address the specific features of their own climate, culture and society.


Local and regional authorities should be given a leading role in the development and design, execution and assessment of the measures laid down in this Directive, so that they are able properly to address the specific features of their own climate, culture and society.


The European Commission will work in close cooperation with the European Committee of the Regions to support local and regional authorities in this endeavour.







Reason

Self-explanatory.

Amendment 23

Article 2 — subheading 49






Text proposed by the European Commission


CoR amendment










(49)


‘energy poverty’ means 
a household’s
 lack of access to essential energy services that underpin a decent standard of living and health, including adequate warmth, cooling, lighting, and energy to power appliances, in the relevant national context, existing social policy and other relevant policies.












(49)


‘energy poverty’ means 
the
 lack of access to essential energy services that underpin a decent standard of living, 
work
 and health, including adequate warmth, cooling, 
domestic hot water,
 lighting, 
mobility
 and energy to power appliances, in the relevant national context, existing social policy and other relevant policies.








 










(49a)





‘vulnerable households’ means households in energy poverty or households, including lower middle-income ones, that are significantly affected by the price impacts of the inclusion of buildings into the scope of Directive 2003/87/EC, those that are vulnerable of falling into energy poverty, due to a rising energy prices and inefficient energy performance of their households and lack the means to renovate the building they occupy;









 










(49b)





‘mobility users’ means households or businesses, including micro-enterprises that use various transport and mobility options;









 










(49c)





‘vulnerable mobility users’ means transport users, including from lower middle-income households, that are significantly affected by the price impacts of the inclusion of road transport into the scope of Directive 2003/87/EC and lack the means to purchase zero- and low-emission vehicles or to switch to alternative sustainable modes of transport, including public transport, particularly in rural and remote areas;









 










(49d)





‘micro-enterprise’ means an enterprise that employs fewer than 10 persons and whose annual turnover or annual balance sheet does not exceed EUR 2 million, calculated in accordance with Articles 3 to 6 of Annex I to Commission Regulation (EU) No 651/2014;









 










(49d bis)





‘small enterprise’ means an enterprise that employs fewer than 50 persons and whose annual turnover and/or annual balance sheet total does not exceed EUR 10 million;









 










(49e)





‘vulnerable micro and small enterprises’ means micro and small enterprises that are significantly affected by the price impacts of the inclusion of buildings into the scope of Directive 2003/87/EC and lack the means to renovate the building they occupy;










Reason

Self-explanatory.

Amendment 24

Article 4.1






Text proposed by the European Commission


CoR amendment




Member States shall collectively ensure a reduction of energy consumption of at least 9 % in 2030 compared to the projections of the 2020 Reference Scenario so that the Union’s final energy consumption amounts to no more than 787 Mtoe and the Union’s primary energy consumption amounts to no more than 1 023  Mtoe in 2030.


Member States shall collectively ensure a reduction of energy consumption of at least 9 % in 2030 compared to the projections of the 2020 Reference Scenario so that the Union’s final energy consumption amounts to no more than 787 Mtoe and the Union’s primary energy consumption 
or cumulative energy consumption
 amounts to no more than 1 023  Mtoe in 2030.





Reason

Self-explanatory.

Amendment 25

Article 4.2






Text proposed by the European Commission


CoR amendment




Each Member State shall set national energy efficiency contributions for final and primary energy consumption to meet, collectively, the binding Union target set in paragraph 1. Member States shall notify those contributions together with an indicative trajectory for those contributions to the Commission as part of the updates of their integrated national energy and climate plans in accordance with Article 14 of Regulation (EU) 2018/1999, and as part of their integrated national energy and climate plans as referred to in, and in accordance with, the procedure set out in Article 3 and Articles 7 to 12 of Regulation (EU) 2018/1999. When doing so, Member States shall use the formula defined in Annex I of this Directive and explain how, and on the basis of which data, the contributions have been calculated.


Each Member State shall set 
indicative
 national energy efficiency contributions for final and primary energy consumption to meet, collectively, the binding Union target set in paragraph 1. Member States shall notify those contributions together with an indicative trajectory 
with milestones
 for those contributions to the Commission as part of the updates of their integrated national energy and climate plans in accordance with Article 14 of Regulation (EU) 2018/1999, and as part of their integrated national energy and climate plans as referred to in, and in accordance with, the procedure set out in Article 3 and Articles 7 to 12 of Regulation (EU) 2018/1999. When doing so, Member States shall use the formula defined in Annex I of this Directive and explain how, and on the basis of which data, the contributions have been calculated.





Reason

Self-explanatory.

Amendment 26

Article 4.2(d)






Text proposed by the European Commission


CoR amendment




[…]


[…]








(iv a)






security of energy supply;











Reason

Self-explanatory.

Amendment 27

Article 5






Text proposed by the European Commission


CoR amendment





Public sector leading on energy efficiency




Public sector leading on energy efficiency






1.   Member States shall ensure that the total final energy consumption of all public bodies combined is reduced by 
at least
1,7  % each year, when compared to the year X-2 (with X as the year when this Directive enters into force).




1.   Member States shall ensure that the total final energy consumption of all public bodies combined is reduced by 1,7  % each year, when compared to the year X-2 (with X as the year when this Directive enters into force).





Member States may take into account climatic variations within the Member State when calculating their public bodies’ final energy consumption.


Member States may take into account climatic variations within the Member State when calculating their public bodies’ final energy consumption.





2.   Member States shall include, in their national energy and climate plans and updates thereof pursuant to Regulation (EU) 2018/1999, a list of public bodies which shall contribute to the fulfilment of the obligation set out in paragraph 1 of this Article, the amount of energy consumption reduction to be achieved by each of them and the measures they plan to achieve it. As part of their integrated national energy and climate reports pursuant to Article 17 of Regulation (EU) 2018/1999, Member States shall report to the Commission the final energy consumption reduction achieved annually.




2.   Member States shall include, in their national energy and climate plans and updates thereof pursuant to Regulation (EU) 2018/1999, a list of public bodies which shall contribute to the fulfilment of the obligation set out in paragraph 1 of this Article, the amount of energy consumption reduction to be achieved by each of them and the measures they plan to achieve it. As part of their integrated national energy and climate reports pursuant to Article 17 of Regulation (EU) 2018/1999, Member States shall report to the Commission the final energy consumption reduction achieved annually.






3.   Member States shall ensure that regional and local authorities, establish specific energy efficiency measures in their decarbonisation plans after consulting stakeholders and the public, including the particular groups at risk of energy poverty or more susceptible to its effects, such as women, persons with disabilities, older persons, children, and persons with a minority racial or ethnic background.




3.   Member States shall ensure that regional and local authorities, establish specific energy efficiency measures in their decarbonisation plans after consulting stakeholders and the public, including the particular groups at risk of energy poverty or more susceptible to its effects, such as women, persons with disabilities, older persons, children, and persons with a minority racial or ethnic background.






4.   Member States shall support public bodies in the uptake of energy efficiency improvement measures, including at regional and local levels, by providing guidelines, promoting competence building and training opportunities and encouraging cooperation amongst public bodies.




4.   Member States shall support 
regional and local authorities and other
 public bodies in the uptake of energy efficiency improvement measures, including at regional and local levels, by providing 
financial and technical support and submitting plans addressing the lack of workforce needed for all stages of the green transition, including craftsmen as well as high-skilled green technology experts, applied scientists and innovators. Member States shall encourage public bodies to take into account the wider benefits beyond energy savings, such as indoor air and environmental quality as well as the improvement of quality of life, especially for schools, daycares, sheltered housing, nursing homes and hospitals. Member States shall provide
 guidelines, 
promote competence
 building and training opportunities 
including on energy refurbishment by using Energy Performance Contracts and public private partnerships and encourage
 cooperation amongst public bodies.






5.   Member States shall encourage public bodies to consider life cycle carbon emissions of their public bodies’ investment and policy activities.




5.   Member States shall encourage public bodies to consider life cycle carbon emissions of their public bodies’ investment and policy activities 
and shall provide specific guidance in this regard
.





 





6.
   
Member States shall support regional and local authorities and other public bodies in obtaining adequate financial resources for the implementation of the Directive through dedicated funding lines and through capacity-building activities in the field of fundraising.








Reason

There is a lack of assessments of the potential and impact of the level of 1,7 %. The level of 1,7 % can be acceptable as a starting point, but needs to regard MS context and impact assessment.

Amendment 28

Article 5 new






Text proposed by the European Commission


CoR amendment




 




Partnerships for energy transition






 





1.
   
The Commission shall establish European sector-specific energy transition partnerships by bringing together key stakeholders in sectors such as the ICT, transport, financial and building sectors in an inclusive and representative manner. The Commission shall appoint a chair for each European sector-specific energy transition partnership, which should be set up within 12 months from the entry into force of this directive.







 





2.
   
The partnerships shall facilitate climate dialogues and encourage sectors to draw up ‘energy transition roadmaps’ in order to map available measures and technological options to achieve energy efficiency savings, prepare for renewable energy and decarbonize the sectors. Such roadmaps could make a valuable contribution in assisting sectors in planning the necessary investments needed to reach the objectives of this directive and the EU Climate Target Plan as well as facilitate cross-border cooperation between actors to strengthen the internal market of the European Union.








Reason

Self-explanatory.

Amendment 29

Article 5 new






Text proposed by the European Commission


CoR amendment




 





One-stop shops for energy efficiency





1.
   
Member States shall engage with relevant authorities and private stakeholders in developing dedicated local, regional or national one-stop shops. These one-stop shops shall be cross-sectorial and interdisciplinary and lead to locally developed projects by:










i.






advising and providing streamlined information on technical and financial possibilities and solutions to micro and small enterprises, regional and local authorities and other public bodies and households;














ii.






connecting potential projects with market players, in particular smaller-scale projects;














iii.






boosting active consumers by advising on energy consumption behaviour;














iv.






providing information on training programmes and education to ensure more energy efficiency professionals as well and re-skill and up-skill professionals in order to meet the market needs;














v.






promoting best practice examples from different building, housing and enterprise typologies;














vi.






collecting and submitting typology aggregated data from energy efficiency projects to the Commission. This information should be shared by the Commission in a report every second year in order to share experiences and enhance cross-border cooperation between Member States;












 





2.
   
These one-stop shops shall create strong and trustworthy partnerships with local and regional private actors such as SMEs, energy service companies, installers, consulting firms, project developers, financial institutions that can provide services such as energy audits, finance solutions and execution of energy renovations;







 





3.
   
Member States shall work together with local and regional authorities to promote these one-stop shops;







 





4.
   
The Commission shall provide Member States with guidelines to develop these one-stop shops with the aim of creating a harmonised approach throughout Europe.








Reason

Self-explanatory.

Amendment 30

Article 6






Text proposed by the European Commission


CoR amendment




Exemplary role of public bodies’ buildings


Exemplary role of public bodies’ buildings





1.   Without prejudice to Article 7 of Directive 2010/31/EU of the European Parliament and of the Council[ (1), each Member State shall ensure that at least 3 % of the total floor area of heated and/or cooled buildings owned by public bodies is renovated each year to at least be transformed into nearly zero-energy buildings in accordance with Article 9 of Directive 2010/31/EU.




1.   Without prejudice to Article 7 of Directive 2010/31/EU of the European Parliament and of the Council (1), each Member State shall ensure that at least 3 % of the total floor area of heated and/or cooled buildings owned by public bodies is renovated each year to at least be transformed into nearly zero-energy buildings in accordance with Article 9 of Directive 2010/31/EU 
with the aim to fulfil the total energy savings potential to the extent it is cost efficient, technically and economically feasible. Member States shall exempt social housing from the obligation to renovate 3 % of the total floor area if the renovations not are cost-neutral and will lead to significant rent increases for people living in social housing, which are higher than the economic savings on the energy bill
.





Where public bodies occupy a building that they do not own, they shall 
exercise their contractual rights to the extent possible and
 encourage the building owner to 
renovate
 the building to a nearly zero-energy building in accordance with Article 9 of Directive 2010/31/EU. When concluding a new contract for occupying a building they do not own, public bodies shall aim for that building to fall into the top two energy efficiency classes on the energy performance certificate.


Where public bodies occupy a building that they do not own, they shall encourage the building owner to 
execute a deep or staged-deep renovation of
 the building to a nearly zero-energy building in accordance with Article 9 of Directive 2010/31/EU 
with the aim to fulfil the total energy savings potential to the extent it is cost efficient and technically feasible
. When concluding a new contract for occupying a building they do not own, public bodies shall aim for that building to fall into the top two energy efficiency classes on the energy performance certificate
, or other performance levels relevant to the Member State
.




The rate of at least 3 % shall be calculated on the total floor area of buildings having a total useful floor area over 250 m2 owned by public bodies of the Member State concerned and which, on 1 January 2024, are not nearly zero-energy buildings.


The 
average
 rate of at least 3 % 
counted over a period of every five years
 shall be calculated on the total floor area of buildings having a total useful floor area over 250 m2 owned by public bodies of the Member State concerned and which, on 1 January 2024, are not nearly zero-energy buildings.





2.   In exceptional cases, Member States may count towards the annual renovation rate of buildings new buildings owned as replacements for specific public bodies’ buildings demolished in any of the two previous years. Such exceptions shall only apply where they would be more cost effective and sustainable in terms of the energy and lifecycle CO2 emissions achieved compared to the renovations of such buildings. The general criteria, methodologies and procedures to identify such exceptional cases shall be clearly set out and published by each Member State.




2.   
Member States may decide to apply less stringent requirements to the following categories of buildings:







 










(a)






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














(b)






buildings used as places of worship and for religious activities.



In both cases, the responsible authorities shall demonstrate the incompatibility of the NZEB requirements with the buildings indicated for exemption.












3.
   For the purposes of this Member States shall make publicly available an inventory of heated and/or cooled public bodies’ buildings with a total useful floor area of more than 250 m2. This inventory shall be updated at least once a year. The inventory shall contain at least the following data:






(a)


the floor area in m2;










(b)


the energy performance certificate of each building issued in accordance with Article 12 of Directive 2010/31/EU.










3.
   In exceptional cases, Member States may count towards the annual renovation rate of buildings new buildings owned as replacements for specific public bodies’ buildings demolished in any of the two previous years. Such exceptions shall only apply where they would be more cost effective and sustainable in terms of the energy and lifecycle CO2 emissions achieved compared to the renovations of such buildings. The general criteria, methodologies and procedures to identify such exceptional cases shall be clearly set out and published by each Member State.









4.
   For the purposes of this Member States shall make publicly available an inventory of heated and/or cooled public bodies’ buildings with a total useful floor area of more than 250 m2

before XX/XX/XXXX.
 This inventory shall be updated at least once a year. The inventory shall contain at least the following data:






(a)


the floor area in m2;










(b)


the energy performance certificate of each building issued in accordance with Article 12 of Directive 2010/31/EU.










Reason

Self-explanatory.

Amendment 31

Article 6 new






Text proposed by the European Commission


CoR amendment




 





1 a.
   
If a Member State renovates more than 3 % of the total floor area of buildings owned by public bodies in a given year it may deliver less the following years to reach the annual average counted over a period of every five years. If a Member State renovates less than 3 % of the total floor area of buildings owned by public bodies in a given year it shall deliver more to reach the annual average counted over a period of every five years.








Reason

Self-explanatory.

Amendment 32

Article 6 new






Text proposed by the European Commission


CoR amendment




 





3 a.
   
When planning implementation measures under this Article, Member States shall provide financial and technical support and submit plans addressing the lack of workforce and qualified professionals needed for all stages of the green transition, including craftsmen as well as high-skilled green technology experts, applied scientists and innovators. Member States shall support regional and local authorities and other public bodies to take into account the wider benefits beyond energy savings, such as healthy indoor climate with improved indoor air and environmental quality as well as the improvement of quality of life especially for schools, daycares, sheltered housing, nursing homes and hospitals.








Reason

Self-explanatory.

Amendment 33

Article 7






Text proposed by the European Commission


CoR amendment





1.   Member States shall ensure that contracting authorities and contracting entities, when concluding public contracts and concessions with a value equal to or greater than the thresholds laid down in Article 8 of Directive 2014/23/EU, Article 4 of Directive 2014/24/EU and Article 15 of Directive 2014/25/EU, purchase 
only
 products, services, buildings and works with high energy-efficiency performance 
in accordance with the requirements
 referred to in Annex IV to this Directive.




1.   Member States shall ensure that contracting authorities and contracting entities, 
with due respect for the principle of local self-government enshrined in Art. 4 TEU
, when concluding public contracts and concessions with a value equal to or greater than the thresholds laid down in Article 8 of Directive 2014/23/EU, Article 4 of Directive 2014/24/EU and Article 15 of Directive 2014/25/EU, purchase products, services, buildings and works with high energy-efficiency performance
, insofar as that is consistent with cost-effectiveness, economical feasibility, wider sustainability, technical suitability, as well as sufficient competition, striving for the criteria
 referred to in Annex IV to this Directive.






5.   Member States 
may
 require that contracting authorities and contracting entities take into account, where appropriate, wider sustainability, social, environmental and circular economy aspects in procurement practices with a view to achieving the Union’s decarbonisation and zero pollution objectives. Where appropriate, and in accordance with the requirements laid down in Annex IV, Member States shall require contracting authorities and contracting entities to take into account Union green public procurement criteria.




5.   Member States 
shall
 require that contracting authorities and contracting entities take into account, where appropriate, wider sustainability, social, environmental and circular economy aspects in procurement practices with a view to achieving the Union’s decarbonisation and zero pollution objectives. Where appropriate, and in accordance with the requirements laid down in Annex IV, Member States shall require contracting authorities and contracting entities to take into account Union green 
and circular
 public procurement criteria.





To ensure transparency in the application of energy efficiency requirements in the procurement process, Member States shall make publicly available information on the energy efficiency impact of contracts with a value equal to or greater than the thresholds referred to in paragraph 1. Contracting authorities may decide to require that tenderers disclose information on the life cycle global warming potential of a new building and may make that information publicly available for the contracts, in particular for new buildings having a floor area larger than 2 000  square metres.


To ensure transparency in the application of energy efficiency requirements in the procurement process, Member States shall make publicly available information on the energy efficiency impact of contracts with a value equal to or greater than the thresholds referred to in paragraph 1. Contracting authorities may decide to require that tenderers disclose information on the life cycle global warming potential of a new building and may make that information publicly available for the contracts, in particular for new buildings having a floor area larger than 2 000  square metres.




Member States shall support contracting authorities and contracting entities in the uptake of energy efficiency requirements, including at regional and local level, by providing clear rules and guidelines including methodologies on the assessment of lifecycle costs and environment impacts and costs, set up competence support centres, encouraging cooperation amongst contracting authorities including across borders and using aggregated procurement and digital procurement where possible.


Member States shall support contracting authorities and contracting entities in the uptake of energy efficiency requirements, including at regional and local level, by providing clear rules and guidelines including methodologies on the assessment of lifecycle costs and environment impacts and costs, set up competence support centres, encouraging cooperation amongst contracting authorities including across borders and using aggregated procurement and digital procurement where possible





Reason

Self-explanatory.

Amendment 34

Article 8






Text proposed by the European Commission


CoR amendment





(3)   Member States shall implement energy efficiency obligation schemes, alternative policy measures, or a combination of both, or programmes or measures financed under an Energy Efficiency National Fund, as a priority among people affected by energy poverty, vulnerable customers and, where applicable, people living in social housing. Member States shall ensure that policy measures implemented pursuant to this Article have no adverse effect on those persons. Where applicable, Member States shall make the best possible use of funding, including public funding, funding facilities established at Union level, and revenues from allowances pursuant to Article 22(3)(b) with the aim of removing adverse effects and ensuring a just and inclusive energy transition.




(3)   Member States shall implement energy efficiency obligation schemes, alternative policy measures, or a combination of both, or programmes or measures financed under an Energy Efficiency National Fund, as a priority among people affected by energy poverty, vulnerable customers and, where applicable, people living in social housing 
as well as vulnerable micro and small enterprises, and vulnerable mobility users
. Member States shall ensure that policy measures implemented pursuant to this Article have no adverse effect on those persons. Where applicable, Member States shall make the best possible use of funding, including public funding, funding facilities established at Union level, and revenues from allowances pursuant to Article 22(3)(b) with the aim of removing adverse effects and ensuring a just and inclusive energy transition.





In designing such policy measures, Member States shall consider and promote the role of renewable energy communities and citizen energy communities in the contribution to the implementation towards these policy measures.


In designing such policy measures, Member States shall consider and promote the role of renewable energy communities and citizen energy communities in the contribution to the implementation towards these policy measures.




Member States shall achieve a share of the required amount of cumulative end-use energy savings among people affected by energy poverty vulnerable customers and, where applicable, people living in social housing. This share shall at least equal the proportion of households in energy poverty as assessed in their National Energy and Climate Plan established in accordance with Article 3(3)(d) of the Governance Regulation (EU) 2018/1999. If a Member State had not notified the share of households in energy poverty as assessed in their National Energy and Climate Plan, the share of the required amount of cumulative end-use energy savings among people affected by energy poverty vulnerable customers and, where applicable, people living in social housing, shall at least equal the arithmetic average share of the following indicators for the year 2019 or, if not available for 2019, for the linear extrapolation of their values for the last three years that are available:


Member States shall achieve a share of the required amount of cumulative end-use energy savings among people affected by energy poverty vulnerable customers and, where applicable, people living in social housing
, as well as vulnerable micro and small enterprises and vulnerable mobility users.
 This share shall at least equal the proportion of households in energy poverty as assessed in their National Energy and Climate Plan established in accordance with Article 3(3)(d) of the Governance Regulation (EU) 2018/1999. If a Member State had not notified the share of households in energy poverty as assessed in their National Energy and Climate Plan, the share of the required amount of cumulative end-use energy savings among people affected by energy poverty vulnerable customers and, where applicable, people living in social housing, shall at least equal the arithmetic average share of the following indicators for the year 2019 or, if not available for 2019, for the linear extrapolation of their values for the last three years that are available:










(a)


Inability to keep home adequately warm (Eurostat, SILC [ilc_mdes01]);










(b)


Arrears on utility bills (Eurostat, SILC, [ilc_mdes07]); and










(c)


Structure of consumption expenditure by income quintile and COICOP consumption purpose (Eurostat, HBS, [hbs_str_t223], data for [CP045] Electricity, gas and other fuels).












(a)


Inability to keep home adequately warm (Eurostat, SILC [ilc_mdes01]);










(b)


Arrears on utility bills (Eurostat, SILC, [ilc_mdes07]); and










(c)


Structure of consumption expenditure by income quintile and COICOP consumption purpose (Eurostat, HBS, [hbs_str_t223], data for [CP045] Electricity, gas and other fuels).








 




The European Commission will issue guidance in the identification of vulnerable micro and small enterprises and vulnerable mobility users by proposing clear criteria. Member States will include an analysis of energy poverty among micro and small enterprises and vulnerable mobility users in the revision of their National Energy and Climate Plan.







Reason

Consistency with the Social Climate Fund proposal.

Amendment 35

Article 8.14






Text proposed by the European Commission


CoR amendment




As part of their updates of national energy and climate plans and respective progress reports, and their subsequent integrated national energy and climate plans and notified pursuant to Regulation (EU) 2018/1999 Member States shall demonstrate including, where appropriate, evidence and calculations:


As part of their updates of national energy and climate plans and respective progress reports, and their subsequent integrated national energy and climate plans and notified pursuant to Regulation (EU) 2018/1999 Member States shall demonstrate including, where appropriate, evidence and calculations:










(a)


that where there is an overlap in the impact of policy measures or individual actions, there is no double counting of energy savings;












(a)


that where there is an overlap in the impact of policy measures or individual actions, there is no double counting of energy savings;














(b)


how energy savings achieved pursuant to points (b) and (c) of the first subparagraph of paragraph 1 contribute to the achievement of their national contribution pursuant to Article 4.












(b)


how energy savings achieved pursuant to points (b) and (c) of the first subparagraph of paragraph 1 contribute to the achievement of their national contribution pursuant to Article 4.














(c)


that policy measures are established for fulfilling their energy savings obligation, designed in compliance with the requirements of this Article and that those policy measures are eligible and appropriate to ensure the achievement of the required amount of cumulative end-use energy savings by the end of each obligation period.












(c)


that policy measures are established for fulfilling their energy savings obligation, designed in compliance with the requirements of this Article and that those policy measures are eligible and appropriate to ensure the achievement of the required amount of cumulative end-use energy savings by the end of each obligation period.








 




In these calculations Member States shall include the savings obtained at regional and local level that do not overlap with national measures, as locally determined contributions to the national target.







Reason

As the Directive includes targets and obligations for actions that are necessarily taken at subnational level, these actions should be duly accounted and the level at which they are taken should be reflected, with a view to fine-tuning policies after an initial revision cycle.

Amendment 36

Article 9.5






Text proposed by the European Commission


CoR amendment





(5)   Member States may require obligated parties to work with local authorities 
or municipalities
 to promote energy efficiency improvement measures among people affected by energy poverty, vulnerable customers and, where applicable, people living in social housing. This includes identifying and addressing the specific needs of particular groups at risk of energy poverty or more susceptible to its effects. To protect people affected by energy poverty vulnerable customers and, where applicable, people living in social housing, Member States shall encourage obligated parties to carry out actions such as renovation of buildings, including social housing, replacement of appliances, financial support and incentives for energy efficiency improvement measures in conformity with national financing and support schemes, or energy audits.




(5)   Member States may require obligated parties to work with 
regional and
 local authorities to promote energy efficiency improvement measures among people affected by energy poverty, vulnerable customers and, where applicable, people living in social housing. This includes identifying and addressing the specific needs of particular groups at risk of energy poverty or more susceptible to its effects. To protect people affected by energy poverty vulnerable customers and, where applicable, people living in social housing, Member States shall encourage obligated parties to carry out actions such as renovation of buildings, including social housing, replacement of appliances, financial support and incentives for energy efficiency improvement measures in conformity with national financing and support schemes, or energy audits.






Reason

Self-explanatory.

Amendment 37

Article 11






Text proposed by the European Commission


CoR amendment




 





11.
   
Member States shall actively promote the implementation of the energy management system within the public administration at national, regional and local level. To this purpose, they will promote capacity-building actions and incentives for smaller authorities.








Reason

Self-explanatory.

Amendment 38

Article 21.1






Text proposed by the European Commission


CoR amendment





1.   Member States shall ensure that information on available energy efficiency improvement measures, individual actions and financial and legal frameworks is transparent and widely disseminated to all relevant market actors, such as final customers, final users, consumer organisations, civil society representatives, renewable energy communities, citizen energy communities, local and regional authorities, energy agencies, social service providers, builders, architects, engineers, environmental and energy auditors, and installers of building elements as defined in by Article 2(9) of Directive 2010/31/EU.




1.   Member States
, in close cooperation with regional and local authorities where possible,
 shall ensure that information on available energy efficiency improvement measures, individual actions and financial and legal frameworks is transparent and widely disseminated to all relevant market actors, such as final customers, final users, consumer organisations, civil society representatives, renewable energy communities, citizen energy communities, local and regional authorities, energy agencies, social service providers, builders, architects, engineers, environmental and energy auditors, and installers of building elements as defined in by Article 2(9) of Directive 2010/31/EU.






Reason

Self-explanatory.

Amendment 39

Article 21.5






Text proposed by the European Commission


CoR amendment





5.   Without prejudice to the basic principles of their property and tenancy law, Member States shall take necessary measures to remove regulatory and non-regulatory barriers to energy efficiency, as regards the split of incentives between the owners and tenants or among owners of a building or building unit, with a view to ensuring that these parties are not deterred from making efficiency-improving investments that they would otherwise have made by the fact that they will not individually obtain the full benefits or by the absence of rules for dividing the costs and benefits between them. Measures to remove such barriers may include providing incentives, repealing or amending legal or regulatory provisions, or adopting guidelines and interpretative communications, or simplifying administrative procedures, including national rules and measures regulating decision-making processes in multi-owner properties. 
The
 measures may be combined with the provision of education, training and specific information and technical assistance on energy efficiency to market actors such as those referred in paragraph 1.




5.   Without prejudice to the basic principles of their property and tenancy law, Member States shall take necessary measures to remove regulatory and non-regulatory barriers to energy efficiency, as regards the split of incentives between the owners and tenants or among owners of a building or building unit, with a view to ensuring that these parties are not deterred from making efficiency-improving investments that they would otherwise have made by the fact that they will not individually obtain the full benefits or by the absence of rules for dividing the costs and benefits between them. Measures to remove such barriers may include providing incentives, repealing or amending legal or regulatory provisions, 
e.g. the introduction of fast permitting,
 or adopting guidelines and interpretative communications, or simplifying administrative procedures, including national rules and measures regulating decision-making processes in multi-owner properties. 
These
 measures 
shall be designed in cooperation with local and regional authorities and
 may be combined with the provision of education, training and specific information and technical assistance on energy efficiency to market actors such as those referred in paragraph 1.





Member States shall take appropriate measures to support a multilateral dialogue with the participation of relevant public and social partners such as owners and tenants organisations, consumer organisations, renewable energy communities, citizen energy communities local and regional authorities, relevant public authorities and agencies and the aim to set out proposals on jointly accepted measures, incentives and guidelines pertinent to the split of incentives between the owners and tenants or among owners of a building or building unit.


Member States shall take appropriate measures to support a multilateral dialogue with the participation of relevant 
local and regional authorities,
 public and social partners such as owners and tenants organisations, consumer organisations, renewable energy communities, citizen energy communities local and regional authorities, relevant public authorities and agencies and the aim to set out proposals on jointly accepted measures, incentives and guidelines pertinent to the split of incentives between the owners and tenants or among owners of a building or building unit.




Each Member State shall report such barriers and the measures taken in its long-term renovation strategy pursuant to Article 2a of Directive 2010/31/EU and Regulation (EU) 2018/1999.


Each Member State shall report such barriers and the measures taken in its long-term renovation strategy pursuant to Article 2a of Directive 2010/31/EU and Regulation (EU) 2018/1999.





Reason

Self-explanatory.

Amendment 40

Article 22






Text proposed by the European Commission


CoR amendment





1.   Member States shall take appropriate measures to empower and protect people affected by energy poverty, vulnerable customers and, where applicable, people living in social housing.
In defining the concept of vulnerable customers pursuant to Articles 28(1) and 29 of Directive (EU) 2019/944 and Article 3(3) of Directive 2009/73/EC, Member States shall take into account final users.




1.   Member States shall take appropriate measures to empower and protect people affected by energy poverty, vulnerable 
mobility users, vulnerable micro and small enterprises, vulnerable
 customers and, where applicable, people living in social housing, 
taking specific account of regions that are isolated from an energy point of view and have no possibility to connect to the European network
.
In defining the concept of vulnerable customers pursuant to Articles 28(1) and 29 of Directive (EU) 2019/944 and Article 3(3) of Directive 2009/73/EC, Member States shall take into account final users.


The European Commission will issue guidance for the definition of vulnerable mobility users and vulnerable micro and small enterprises, in continuity with the definitions included in the Social Climate Fund Regulation.








Reason

Self-explanatory.

Amendment 41

Article 23.2






Text proposed by the European Commission


CoR amendment





2.   Member States shall ensure that the public is given the opportunity to participate in the preparation of heating and cooling plans, the comprehensive assessment and the policies and measures.




2.   Member States 
shall draw up heating and cooling plans in close cooperation with the relevant local and regional authorities; together, they
 shall ensure that the public is given the opportunity to participate in the preparation of heating and cooling plans, the comprehensive assessment and the policies and measures.






Reason

Self-explanatory.

Amendment 42

Article 23.3






Text proposed by the European Commission


CoR amendment




For the purpose of the assessment referred to in paragraph 1, Member States shall carry out a cost-benefit analysis covering their territory Ö and Õ based on climate conditions, economic feasibility and technical suitability in accordance with Part 1 of Annex IX. The cost-benefit analysis shall be capable of facilitating the identification of the most resource- and cost-efficient solutions to meeting heating and cooling needs. That cost-benefit analysis may be part of an environmental assessment under Directive 2001/42/EC of the European Parliament and of the Council.


For the purpose of the assessment referred to in paragraph 1, Member States
, when applicable in close cooperation with relevant local and regional authority,
 shall carry out a cost-benefit analysis covering their territory Ö and Õ based on climate conditions, economic feasibility and technical suitability in accordance with Part 1 of Annex IX. The cost-benefit analysis shall be capable of facilitating the identification of the most resource- and cost-efficient solutions to meeting heating and cooling needs. That cost-benefit analysis may be part of an environmental assessment under Directive 2001/42/EC of the European Parliament and of the Council.





Reason

Some heating and cooling systems, such as district heating networks are deeply connected to the territory they are supplying. Any analysis of these networks should be done in close cooperation with the local and regional authorities.

Amendment 43

Article 23.4






Text proposed by the European Commission


CoR amendment





4.   Where the assessment referred to in paragraph 1 and the analysis referred to in paragraph 3 identify a potential for the application of high-efficiency cogeneration and/or efficient district heating and cooling whose benefits exceed the costs, Member States shall take adequate measures for efficient district heating and cooling infrastructure to be developed and/or to accommodate the development of high-efficiency cogeneration and the use of heating and cooling from waste heat and renewable energy sources in accordance with paragraph 1 and Article 24(4) and (6).




4.   Where the assessment referred to in paragraph 1 and the analysis referred to in paragraph 3 identify a potential for the application of high-efficiency cogeneration and/or efficient district heating and cooling whose benefits exceed the costs, Member States 
and local and regional authorities having jurisdiction in the area in question
 shall take adequate measures for efficient district heating and cooling infrastructure to be developed and/or to accommodate the development of high-efficiency cogeneration and the use of heating and cooling from waste heat 
(including from municipal waste)
 and renewable energy sources in accordance with paragraph 1 and Article 24(4) and (6).





Where the assessment referred to in paragraph 1 and the analysis referred to in paragraph 3 do not identify a potential whose benefits exceed the costs, including the administrative costs of carrying out the cost-benefit analysis referred to in Article 24(4), the Member State concerned may exempt installations from the requirements laid down in that paragraph.


Where the assessment referred to in paragraph 1 and the analysis referred to in paragraph 3 do not identify a potential whose benefits exceed the costs, including the administrative costs of carrying out the cost-benefit analysis referred to in Article 24(4), the Member State
, together with the local and regional authorities
 concerned, may exempt installations from the requirements laid down in that paragraph.





5.   Member States shall adopt policies and measures, which ensure that the potential identified in the comprehensive assessments carried out pursuant to paragraph 1. These policies and measures shall include at least the elements set out in Annex IX. Each Member State shall notify those policies and measures as part of the update of its integrated national energy and climate plans, its subsequent integrated national energy and climate plan, and respective progress reports notified in accordance with Regulation (EU) 2018/1999.




5.   Member States shall adopt policies and measures, which ensure that the potential identified in the comprehensive assessments carried out pursuant to paragraph 1. These policies and measures shall include at least the elements set out in Annex IX. Each Member State shall notify those policies and measures as part of the update of its integrated national energy and climate plans, its subsequent integrated national energy and climate plan, and respective progress reports notified in accordance with Regulation (EU) 2018/1999.






6.   Member States shall encourage regional and local authorities to prepare local heating and cooling plans at least in municipalities having a total population higher than 50 000 . Those plans should at least:




6.   Member States shall encourage regional and local authorities to prepare local heating and cooling plans at least in municipalities having a total population higher than 50 000 . Those plans should at least:











(a)


be based on the information and data provided in the comprehensive assessments carried out pursuant to paragraph 1 provide estimate and mapping of the potential for increasing energy efficiency, including via waste heat recovery, and renewable energy in heating and cooling in that particular area;












(a)


be based on the information and data provided in the comprehensive assessments carried out pursuant to paragraph 1 provide estimate and mapping of the potential for increasing energy efficiency, including via waste heat recovery, and renewable energy in heating and cooling in that particular area;














(b)


include a strategy for the use of the identified potential pursuant to paragraph 6(a);












(b)


include a strategy for the use of the identified potential pursuant to paragraph 6(a);














(c)


be prepared with the involvement of all relevant regional or local stakeholders and ensure participation of general public;












(c)


be prepared with the involvement of all relevant regional or local stakeholders and ensure participation of general public;














(d)


consider the common needs of local communities and multiple local or regional administrative units or regions;












(d)


consider the common needs of local communities and multiple local or regional administrative units or regions;














(e)


include the monitoring of the progress of implementation of policies and measures identified.












(e)


include the monitoring of the progress of implementation of policies and measures identified.








Member States shall ensure that the public is given the opportunity to participate the preparation of heating and cooling plans, the comprehensive assessment and the policies and measures.


Member States 
and relevant local and regional authorities
 shall ensure that the public is given the opportunity to participate the preparation of heating and cooling plans, the comprehensive assessment and the policies and measures.




For this purpose, Member States shall develop recommendations supporting the regional and local authorities to implement policies and measures in energy efficient and renewable energy based heating and cooling at regional and local level utilising the potential identified. Member States shall support regional and local authorities to the utmost extent possible by any means including financial support and technical support schemes.


For this purpose, Member States shall develop recommendations supporting the regional and local authorities to implement policies and measures in energy efficient and renewable energy based heating and cooling at regional and local level utilising the potential identified. Member States shall support regional and local authorities to the utmost extent possible by any means including financial support and technical support schemes.





Amendment 44

Article 23.6






Text proposed by the European Commission


CoR amendment




For this purpose, Member States shall develop recommendations supporting the regional and local authorities to implement policies and measures in energy efficient and renewable energy based heating and cooling at regional and local level utilising the potential identified. Member States shall support regional and local authorities to the utmost extent possible by any means including financial support and technical support schemes.


For this purpose, Member States shall develop recommendations supporting the regional and local authorities to implement policies and measures in energy efficient and renewable energy based heating and cooling at regional and local level utilising the potential identified. Member States shall support regional and local authorities to the utmost extent possible by any means including financial support and technical support schemes. 
Member States shall ensure that heating and cooling plans are aligned with other local climate, energy and environment planning requirements, in terms of content and dates, to avoid duplication of work and administrative burden for local and regional authorities and encourage the effective implementation of the plans.







Reason

Self-explanatory.

Amendment 45

Article 23.6a (new point)






Text proposed by the European Commission


CoR amendment




 





6 a.
   
Local heating and cooling plans may be carried out jointly by a group of several neighbouring local authorities if the geographical and administrative context as well as the heating and cooling infrastructure is appropriate.








Reason

Self-explanatory.

Amendment 46

Article 23.6






Text proposed by the European Commission


CoR amendment




 










(d bis 1)





assess the important role of renewable energy communities and other consumer-led initiatives that can actively contribute to the implementation of local heating and cooling projects;










Reason

Self-explanatory.

Amendment 47

Article 23.6






Text proposed by the European Commission


CoR amendment




 










(d bis 2)





assess how to finance the implementation of policies and measures identified and provide for financial mechanisms, including EU direct financing, allowing local and regional authorities and individual consumers to shift to renewable heating and cooling;










Reason

Self-explanatory.

Amendment 48

Article 24






Text proposed by the European Commission


CoR amendment





1.   In order to increase primary energy efficiency and the share of renewable energy in heating and cooling supply, an efficient district heating and cooling system is a system which meets the following criteria:




1.   In order to increase primary energy efficiency and the share of renewable energy in heating and cooling supply, an efficient district heating and cooling system is a system which meets the following criteria:











a.


until 31 December 
2025
, a system using at least 50 % renewable energy, 50 % waste heat, 75 % cogenerated heat or 50 % of a combination of such energy and heat;












a.


until 31 December 
2029
, a system using at least 50 % renewable energy, 50 % waste heat, 75 % cogenerated heat or 50 % of a combination of such energy and heat;














b.


from 1 January 
2026
, a system using at least 50 % renewable energy, 50 % waste heat, 80 % of high-efficiency cogenerated heat or at least a combination of such thermal energy going into the network where the share of renewable energy is at least 5 % and the total share of renewable energy, waste heat or high-efficiency cogenerated heat is at least 50 %;












b.


from 1 January 
2030
, a system using at least 50 % renewable energy, 50 % waste heat, 80 % of high-efficiency cogenerated heat or at least a combination of such thermal energy going into the network where the share of renewable energy is at least 5 % and the total share of renewable energy, waste heat or high-efficiency cogenerated heat is at least 50 %;














c.


from 1 January 2035, a system using at least 50 % renewable energy and waste heat, where the share of renewable energy is at least 20 %;












c.


from 1 January 2035, a system using at least 50 % renewable energy and waste heat, where the share of renewable energy is at least 20 %;














d.


from 1 January 2045, a system using at least 75 % renewable energy and waste heat, where the share of renewable energy is at least 40 %;












d.


from 1 January 2045, a system using at least 75 % renewable energy and waste heat, where the share of renewable energy is at least 40 %;














e.


from 1 January 2050, a system using only renewable energy and waste heat, where the share of renewable energy is at least 60 %.












e.


from 1 January 2050, a system using only renewable energy and waste heat, where the share of renewable energy is at least 60 %.









Reason

Promoting cogeneration solutions as more energy efficient should take priority in improvement measures for district heating. Such a rapid change in the definition of an efficient district heating system would mean that a large proportion of the units and networks currently being modernised would not meet the criteria in the time allowing for the depreciation of the solutions and it would not be possible to obtain funding for further modernisation and investment in new energy sources. A dynamic change in this area could also result in an uncontrolled increase in the cost of supplying energy from district heating networks, which could result in less consumer interest in using these systems and a return to less efficient local heat sources that cannot be controlled in terms of CO2 and dust emissions.
In general, technologies and fuels used in district heating systems in principle should not eliminate the possibility of reporting and financing savings coming from energy efficiency measures.

Amendment 49

Article 26.1.1






Text proposed by the European Commission


CoR amendment




 




Member States shall put in place measures to promote participation in such training programmes, in particular by SMEs, micro-enterprises and self-employed persons.







Amendment 50

Article 26.1b






Text proposed by the European Commission


CoR amendment




 





1 b.
   
The Commission shall set up a single point of access platform for support and sharing knowledge related to ensure the appropriate level of qualified professionals to reach EU’s climate and energy targets by 12 months after the entry into force of this directive. The platform shall gather Member States, social partners, education institutions, academia and other relevant stakeholders to foster and promote best practices to ensure more energy efficiency professionals as well and re-skill and up-skill professionals in order to meet the market needs and connect the challenge to ongoing EU initiatives such as the Social Climate Fund, Erasmus+ and European New Bauhaus.








Reason

Self-explanatory.

Amendment 51

Article 27 subheading 4 and 5






Text proposed by the European Commission


CoR amendment





4.   Member States shall encourage public bodies to use energy performance contracting for renovations of large buildings. For renovations of large non-residential buildings with a useful floor area above 1 000  m2, Member States shall ensure that public bodies assess the feasibility of using energy performance contracting.




4.   Member States shall encourage 
local and regional authorities and other
 public bodies to use energy performance contracting for renovations of large buildings. For renovations of large non-residential buildings with a useful floor area above 1 000  m2, Member States shall ensure that 
all
 public bodies assess the feasibility of using energy performance contracting.





Member States may encourage public bodies to combine energy performance contracting with expanded energy services including demand response and storage.


Member States may encourage 
local and regional authorities and other
 public bodies to combine energy performance contracting with expanded energy services including demand response and storage.





5.   Member States shall support the public sector in taking up energy service offers, in particular for building refurbishment, by:




5.   Member States shall support the public sector
, and in particular local and regional authorities,
 in taking up energy service offers, in particular for building refurbishment, by:











(a)


providing model contracts for energy performance contracting which include at least the items listed in Annex XIII and take into account the existing European or international standards, available tendering guidelines and Eurostat guide to the statistical treatment of energy performance contracts in government accounts;












(a)


providing model contracts for energy performance contracting which include at least the items listed in Annex XIII and take into account the existing European or international standards, available tendering guidelines and Eurostat guide to the statistical treatment of energy performance contracts in government accounts;














(b)


providing information on best practices for energy performance contracting, including, if available, cost-benefit analysis using a life-cycle approach;












(b)


providing information on best practices for energy performance contracting, including, if available, cost-benefit analysis using a life-cycle approach;














(c)


making publicly available a database of implemented and ongoing energy performance contracting projects that includes the projected and achieved energy savings.












(c)


making publicly available a database of implemented and ongoing energy performance contracting projects that includes the projected and achieved energy savings.









Reason

Self-explanatory.

Amendment 52

Article 28






Text proposed by the European Commission


CoR amendment





1.   Without prejudice to Articles 107 and 108 TFEU, Member States shall facilitate the establishment of financing facilities, or use of existing ones, for energy efficiency improvement measures to maximise the benefits of multiple streams of financing and the combination of grants, financial instruments and technical assistance.




1.   Without prejudice to Articles 107 and 108 TFEU, Member States shall facilitate the establishment of financing facilities, or use of existing ones, for energy efficiency improvement measures to maximise the benefits of multiple streams of financing and the combination of grants, financial instruments and technical assistance.






2.   The Commission shall, where appropriate, directly or via the European financial institutions, assist Member States in setting up financing facilities and project development assistance facilities at national, regional or local level with the aim of increasing investments in energy efficiency in different sectors, and protecting and empowering vulnerable customers, people affected by energy poverty and, where applicable, people living in social housing including by integrating an equality perspective so that no one is left behind.




2.   The Commission shall, where appropriate, directly or via the European financial institutions, assist Member States in setting up financing facilities and project development assistance facilities at national, regional or local level with the aim of increasing investments in energy efficiency in different sectors, and protecting and empowering vulnerable customers, people affected by energy poverty and, where applicable, people living in social housing including by integrating an equality perspective so that no one is left behind.






3.   Member States shall adopt measures that ensure that energy efficiency lending products, such as green mortgages and green loans, secured and unsecured, are offered widely and in a non-discriminatory manner by financial institutions and, are visible and accessible to consumers. Member States shall adopt measures to facilitate the implementation of on-bill and on-tax financing schemes. Member States shall ensure that banks and other financial institutions receive information on opportunities to participate in the financing of energy efficiency improvement measures, including through the creation of public/private partnerships.




3.   Member States shall adopt measures that ensure that energy efficiency lending products, such as green mortgages and green loans, secured and unsecured, 
and financial support to acquire or provide access to public transport and zero emissions modes of transport
 are offered widely and in a non-discriminatory manner by financial institutions and, are visible and accessible to consumers. Member States shall adopt measures to facilitate the implementation of on-bill and on-tax financing schemes. Member States shall ensure that banks and other financial institutions receive information on opportunities to participate in the financing of energy efficiency improvement measures, including through the creation of public/private partnerships.






4.   The Commission shall facilitate the exchange of best practice between the competent national 
or
 regional authorities or bodies, e.g. through annual meetings of the regulatory bodies, public databases with information on the implementation of measures by Member States, and country comparison.




4.   The Commission shall facilitate the exchange of best practice between the competent national, regional 
or local
 authorities or bodies, e.g. through annual meetings of the regulatory bodies, public databases with information on the implementation of measures by Member States, and country comparison.






5.   In order to mobilise private financing for energy efficiency measures and energy renovation, in accordance with Directive 2010/31/EU, the Commission shall conduct a dialogue with both public and private financial institutions in order to map out possible actions it can take.




5.   In order to mobilise private financing for energy efficiency measures and energy renovation, in accordance with Directive 2010/31/EU, the Commission shall conduct a dialogue with both public and private financial institutions in order to map out possible actions it can take.






6.   The actions referred to in paragraph 4 shall include the following elements:




6.   The actions referred to in paragraph 4 shall include the following elements:











(a)


mobilising capital investment into energy efficiency by considering the wider impacts of energy savings;












(a)


mobilising capital investment into energy efficiency by considering the wider impacts of energy savings;














(b)


ensuring better energy and finance performance data by:












(b)


ensuring better energy and finance performance data by:














 








(i)


examining further how energy efficiency investments improve underlying asset values;
















 








(i)


examining further how energy efficiency investments improve underlying asset values;


















 








(ii)


supporting studies to assess the monetisation of the non-energy benefits of energy efficiency investments.
















 








(ii)


supporting studies to assess the monetisation of the non-energy benefits of energy efficiency investments.













7.   For the purpose of mobilising private financing of energy efficiency measures and energy renovation, Member States shall, when implementing this Directive:




7.   For the purpose of mobilising private financing of energy efficiency measures and energy renovation, Member States shall, when implementing this Directive:











(a)


consider ways to make better use of energy audits under Article 11 to influence decision-making;












(a)


consider ways to make better use of energy audits under Article 11 to influence decision-making;














(b)


make optimal use of the possibilities and tools available from the Union budget, and proposed in the smart finance for smart buildings initiative and in Commission Communication entitled ‘Renovation Wave’.












(b)


make optimal use of the possibilities and tools available from the Union budget, and proposed in the smart finance for smart buildings initiative and in Commission Communication entitled ‘Renovation Wave’.









8.   By 31 December 2024 the Commission shall provide guidance for Member States and market actors on how to unlock private investment.




8.   By 31 December 2024 the Commission shall provide guidance for Member States and market actors on how to unlock private investment.





The guidance shall have the purpose of helping Member States and market actors to develop and implement their energy efficiency investments in the various Union programmes, and will propose adequate financial mechanisms and solutions, with a combination of grants, financial instruments and project development assistance, to scale up existing initiatives and use the Union funding as a catalyst to leverage and trigger private financing.


The guidance shall have the purpose of helping Member States
, regions, local authorities
 and market actors to develop and implement their energy efficiency investments in the various Union programmes, and will propose adequate financial mechanisms and solutions, with a combination of grants, financial instruments and project development assistance, to scale up existing initiatives and use the Union funding as a catalyst to leverage and trigger private financing.





9.   Member States may set up an Energy Efficiency National Fund. The purpose of this fund shall be to implement energy efficiency measures, including measures pursuant to Article 8(3) and Article 22 as a priority among vulnerable customers, people affected by energy poverty and, where applicable, people living in social housing, and to implement national energy efficiency measures to support Member States in meeting their national energy efficiency contributions and their indicative trajectories referred to in Article 4(2). The Energy Efficiency National Fund may be financed with revenues from the allowance auctions pursuant to the EU Emission Trading System on buildings and transport sectors.




9.   Member States may set up an Energy Efficiency National Fund. The purpose of this fund shall be to implement energy efficiency measures, including measures pursuant to Article 8(3) and Article 22 as a priority among vulnerable customers, people affected by energy poverty and, where applicable, people living in social housing, and to implement national energy efficiency measures to support Member States in meeting their national energy efficiency contributions and their indicative trajectories referred to in Article 4(2). The Energy Efficiency National Fund may be financed with revenues from the allowance auctions pursuant to the EU Emission Trading System on buildings and transport sectors.






10.   Member States may allow public bodies to fulfil the obligations set out in Article 6(1) by means of annual contributions to the Energy Efficiency National Fund equivalent to the amount of the investments required to achieve those obligations.




10.   Member States may allow public bodies to fulfil the obligations set out in Article 6(1) by means of annual contributions to the Energy Efficiency National Fund equivalent to the amount of the investments required to achieve those obligations.






11.   Member States may provide that obligated parties can fulfil their obligations set out in Article 9(1) and 4 by contributing annually to the Energy Efficiency National Fund an amount equal to the investments required to achieve those obligations.




11.   Member States may provide that obligated parties can fulfil their obligations set out in Article 9(1) and 4 by contributing annually to the Energy Efficiency National Fund an amount equal to the investments required to achieve those obligations.






12.   Member States may use their revenues from annual emission allocations under Decision No 406/2009/EC for the development of innovative financing for energy efficiency improvements.




12.   Member States may use their revenues from annual emission allocations under Decision No 406/2009/EC for the development of innovative financing for energy efficiency improvements.






Reason

Self-explanatory.

Amendment 53

Annex IV






Text proposed by the European Commission


CoR amendment




In award procedures for public contracts and concessions, contracting authorities and contracting entities that purchase products, services, buildings and works, 
insofar
 shall:


In award procedures for public contracts and concessions, contracting authorities and contracting entities that purchase products, services, buildings and works, 
in accordance with cost-effectiveness, economical feasibility, wider sustainability, technical suitability, and sufficient competition,
 shall:




[…]


[…]










(d)


purchase only tyres that comply with the criterion of having the highest fuel energy efficiency class, as defined by Regulation (EU) 2020/740 of the European Parliament and of the Council. This requirement shall 
not prevent public bodies from purchasing tyres with the highest
 wet grip class 
or
 external rolling noise class where justified by safety or public health reasons;












(d)


purchase only tyres that comply with the criterion of having the highest fuel energy efficiency class, as defined by Regulation (EU) 2020/740 of the European Parliament and of the Council. This requirement shall
, however, take balanced account of winter conditions in a high
 wet grip class 
and
 external rolling noise class where justified by safety or public health reasons;








[…]


[…]










(f)


purchase, or make new rental agreements for, only buildings that comply at least with the minimum energy performance requirements referred to in Article 4(1) of Directive 2010/31/EU unless the purpose of the purchase is:












(f)


purchase, or make new rental agreements for, only buildings that comply at least with the minimum energy performance requirements referred to in Article 4(1) of Directive 2010/31/EU
, or other requirements for existing buildings or more extensive renovations that are appropriate for the Member States,
 unless the purpose of the purchase is:








[…]


[…]





Reason

Account should be taken of all dimensions of sustainability, including in the EED. Winter conditions should also be taken into account for tyres. Minimum energy performance requirements under the EPBD are not an appropriate level of requirements for renovations, as they are defined differently across Member States.
II.   POLICY RECOMMENDATIONS

THE EUROPEAN COMMITTEE OF THE REGIONS (CoR)








1.


agrees with the European Commission that energy efficiency plays a critical role in achieving climate neutrality by 2050, improving the security of energy supply and reducing the EU’s dependence on imported fuels, especially now given the current crisis with energy prices that have been hugely impacted by the war in Ukraine;












2.


welcomes the proposed amendments to the existing provisions of the Energy Efficiency Directive and underlines that these changes should strengthen the legal framework, affording more opportunities to exploit the potential for energy efficiency improvements in line with the Climate Law implemented at national, regional or local level;












3.


reiterates the crucial role of EU-level action on energy efficiency, which is necessary in order to achieve the objectives of the Green Deal; stresses that this action must, of course, be implemented at national, regional or local level and therefore welcomes the increased recognition of the role of local and regional authorities in the proposal;












4.


highlights that the ongoing energy transition is resulting in a move away from an energy system based on traditional centralised generation to one which is more decentralised, energy-efficient, flexible and largely renewables-based; welcomes therefore the recognition of the role of citizens in the energy transition and the need for constant awareness-raising, including through instruments like the Climate Pact; in this regard, reiterates the crucial role that local and regional action plays in engaging with citizens and promoting the green transition through successful community-led best practices;












5.


believes that the energy union should empower citizens to produce, consume, store or trade their own renewable energy either individually or collectively, to take energy-saving measures, to become active participants in the energy market through consumer choice, and to allow them the possibility of safely and confidently participating in demand response; in this context, reiterates its call (29) and of the European Parliament that a practical common understanding of the definition of ‘prosumers’ (30) should be agreed at EU level, through a participative process guided by the Commission;












6.


points out that local and regional authorities primarily own and manage buildings to support statutory government and welfare activities. Buildings are far more than just tools to achieve energy savings. Rigid requirements for energy renovation would therefore require local and regional authorities to carry out costly construction projects that do not necessarily take a holistic view of the building and may not be sustainable in the medium and long term. In this context, the Committee would like the Energy Efficiency Directive to give more recognition and attention to making smarter and more efficient use of existing public buildings as a way of increasing energy efficiency












7.


welcomes the explicit reference to the need to combat energy and mobility poverty using energy efficiency measures and the subsequent need for Member States to support the local and regional level in this sense; considers it essential, in this connection, to alleviate the initial cost burden of energy efficiency measures, especially for vulnerable households and groups of consumers;












8.


welcomes the reference to the connectivity of rural and remote areas, where most of the inhabitants may become vulnerable transport users in the transition to sustainable mobility;












9.


underlines that the proposed absolute reductions in energy use and final energy consumption of all public bodies by 1,7 % each year will be a huge challenge for most Member States. It will require extensive capacity building in terms of finance, competence, guidance, data, reporting etc. Broad application of both existing and new transformative techniques and practices is necessary. Therefore calls for local and regional authorities to be fully involved in the process, together with other relevant stakeholders;












10.


proposes revising the energy consumption targets to include the option of setting cumulative energy savings and consumption targets instead of separate requirements for final and primary energy. This will improve energy efficiency across the entire chain — from production to transmission, distribution and end use;












11.


welcomes the proposal of legislative requirements to renovate 3 % of the public building stock on an annual basis, sees a need for extensive capacity building through technical, financial and policy support and exchange of good practice and calls for further clarification and a definition of measures and methods regarding building renovation, applicable correction factors for different building types and characteristics (31), as well as financial arrangements at local, regional and national level;












12.


welcomes the announcement of the Social Climate Fund as a way to balance the negative effects on the most vulnerable households, micro-and-small enterprises and mobility users and to ensure socially sustainable development; underlines the fact that the funding currently envisaged within the revision of the existing ETS is inadequate to ensure a truly just transition and stresses that the allocation of revenues outside of the ETS on road transport and buildings (ETS II) for the Social Climate Fund should be considered; proposes that revenue pooling for the Social Climate Fund should begin sooner than the implementation of the ETS II; stresses that, in case that the co-legislators decide not to go forward with ETS II as foreseen in the Commission proposal, the current ETS should be further reinforced to address road transport and buildings;












13.


supports the principle enshrined within the European Climate Law that that all sectors of the economy must contribute to the transition towards climate neutrality and towards emission reductions, and EU ETS could contribute significantly if the polluter pays principle was extended to all the sector it covers; points out that the building sector is responsible for 40 % of the energy consumption in Europe; believes, however, that introducing carbon pricing into this sector is delicate and should not result in burdens for the most vulnerable EU territories and groups of citizens;












14.


underlines that a robust but gradually introduced carbon price should give the necessary signal to businesses and drive the transition in the most cost-effective way, and highlights the need for effective interaction between the revised ETS and the Carbon Border Adjustment Mechanism (CBAM), potentially combined with other supportive EU measures to ensure a climate-neutral and competitive economy in the EU’s regions, especially in regions undergoing a sustainable transition of their energy-intensive industries; It strongly recommends using as far as possible market-compatible instruments, including financial instruments with the support of the multiannual financial framework and NextGenerationEU;












15.


supports the Commission in its intention to ‘ensure synergies between the different funding instruments, in particular the funds in the shared management and in the direct management (like the centrally managed programmes: Horizon Europe or LIFE), as well as between grants, loans and technical assistance to maximise their leverage effect on private financing and their impact on the achievement of energy efficiency policy objectives.’ In this regard, calls for concrete next steps to be taken as soon as possible, as these are a precondition for the complete renovation of the building stock;












16.


calls on the Commission and the European Parliament to set up a Pilot Project dealing specifically with the challenging renovation and increasing of energy efficiency of historical and/or particular landmark buildings. The regions or cities participating in this Pilot Project would provide a detailed concept for the renovation of the historical or other landmark building of their choosing. When selected to receive funding and after the renovation project is complete, the results of this Pilot Project would further highlight the commitment of local and regional authorities to move towards an energy efficient future and could serve as clear examples for other local and regional authorities of how to renovate complex historical and/or landmark buildings within regions and cities;












17.


calls on the Commission and Member States to ensure that the measures already existing in the legal frameworks for the different programmes and funding instruments available to cities and regions are fully applied. In light of the extra efforts in energy efficiency that are asked from local and regional authorities, it is crucial that there is an easy access for cities and regions to the different programmes and funding instruments. This increased pressure on local and regional authorities could for example be taken into account when looking at eligibility scoring in the assessment of funding applications;












18.


regrets the revision’s lack of ambition in setting clear targets for green and circular public procurement; therefore calls on the Commission to develop in cooperation with local and regional authorities clear, commonly applicable and detailed procedures concerning energy efficiency and sustainability in public procurement to avoid the rule where the lowest price takes priority;












19.


emphasises that energy efficiency, especially in relation to business and in particular the manufacturing sector, should be taken into account alongside the consumption cap, which applies more to households;












20.


underlines that the use of district heating and cooling systems based on cogeneration units is the most effective way of improving air quality and increasing the energy efficiency of fuel use; supports therefore the promotion of combined heat and power generation and the efficient use of waste heat (including municipal waste), where it is unavoidable, in line with the principle of circularity; acknowledges the potential of waste heat to complement gas/renewable solutions while noting the importance of limiting its emission in light of its contribution to global warming; moreover, exploiting waste heat from industry, data centres and other societal activities should be a measure, as is not without environmental impact. renewable energy is still in limited supply;












21.


welcomes a clear timeline for introduction of efficient district heating and cooling systems. However, sufficient flexibility needs to be ensured, allowing for the adaptation of the heating and cooling systems to the regional and local specifies and needs of the territory;












22.


recognises the role of local and regional energy agencies as a powerful tool to promote energy efficiency all over the EU and calls on the European Commission to support their activities through a dedicated network and dedicated funds;












23.


concurs with the legal basis upon which the European Commission is basing the EU’s competence in this. In accordance with Article 194 TFEU, the EU is competent to take measures to promote, among other things, energy efficiency. Therefore, it considers the proposal to be in line with the principle of subsidiarity, provided it duly respects the principle of local self-government enshrined in Article 4 TEU and subject to the above amendments. Measures to combat energy poverty should come under Article 151 TFEU. The Committee of the Regions deems it to be warranted to set up and maintain a European target in energy efficiency. The assessment of proportionality principle compliance is positive.





Brussels, 28 April 2022.


The President of the European Committee of the Regions

Apostolos TZITZIKOSTAS




(1)  Directive (EU) 2019/944 of the European Parliament and of the Council on common rules for the internal market for electricity and amending Directive 2012/27/EU (OJ L 158, 14.6.2019, p. 125).

(2)  Commission Recommendation on energy poverty, C(2020) 9600 final.

(3)  Directive 2009/73/EC of the European Parliament and of the Council of 13 July 2009 concerning common rules for the internal market in natural gas and repealing Directive 2003/55/EC (OJ L 211, 14.8.2009, p. 94).

(4)  Directive (EU) 2019/944 of the European Parliament and of the Council on common rules for the internal market for electricity and amending Directive 2012/27/EU (OJ L 158, 14.6.2019, p. 125).

(5)  Commission Recommendation on energy poverty, C(2020) 9600 final.

(6)  Directive 2009/73/EC of the European Parliament and of the Council of 13 July 2009 concerning common rules for the internal market in natural gas and repealing Directive 2003/55/EC (OJ L 211, 14.8.2009, p. 94).

(7)  Directive 2014/24/EU of the European Parliament and of the Council of 26 February 2014 on public procurement and repealing Directive 2004/18/EC (OJ L 94 28.3.2014, p. 65).

(8)  Directive 2014/24/EU of the European Parliament and of the Council of 26 February 2014 on public procurement and repealing Directive 2004/18/EC (OJ L 94 28.3.2014, p. 65).

(9)  COM/2020/562 final.

(10)  See IRP, Resource Efficiency and Climate Change, 2020, and UN Environment Emissions Gap Report, 2019. These figures refer to the use and operation of buildings, including indirect emissions in the power and heat sector, not their full life cycle. The embodied carbon in construction is estimated to account for about 10 % of total yearly greenhouse gas emissions worldwide, see IRP, Resource Efficiency and Climate Change, 2020, and UN Environment Emissions Gap Report 2019.

(11)  COM/2020/662 final.

(12)  Directive 2010/31/EU of the European Parliament and of the Council of 19 May 2010 on the energy performance of buildings (OJ L 153, 18.6.2010, p. 13).

(13)  COM/2020/562 final.

(14)  See IRP, Resource Efficiency and Climate Change, 2020, and UN Environment Emissions Gap Report, 2019. These figures refer to the use and operation of buildings, including indirect emissions in the power and heat sector, not their full life cycle. The embodied carbon in construction is estimated to account for about 10 % of total yearly greenhouse gas emissions worldwide, see IRP, Resource Efficiency and Climate Change, 2020, and UN Environment Emissions Gap Report 2019.

(15)  COM/2020/662 final.

(16)  Directive 2010/31/EU of the European Parliament and of the Council of 19 May 2010 on the energy performance of buildings (OJ L 153, 18.6.2010, p. 13).

(17)  https://www.unfpa.org/world-population-trends

(18)  https://www.un.org/en/ecosoc/integration/pdf/fact_sheet.pdf

(19)  https://www.unfpa.org/world-population-trends

(20)  https://www.un.org/en/ecosoc/integration/pdf/fact_sheet.pdf

(21)  Directive 2014/23/EU of the European Parliament and of the Council of 26 February 2014 on the award of concession contracts (OJ L 94, 28.3.2014, p. 1).

(22)  Directive 2014/24/EU of the European Parliament and of the Council of 26 February 2014 on public procurement and repealing Directive 2004/18/EC (OJ L 94, 28.3.2014, p. 65).

(23)  Directive 2014/23/EU of the European Parliament and of the Council of 26 February 2014 on the award of concession contracts (OJ L 94, 28.3.2014, p. 1).

(24)  Directive 2014/24/EU of the European Parliament and of the Council of 26 February 2014 on public procurement and repealing Directive 2004/18/EC (OJ L 94, 28.3.2014, p. 65).

(25)  Directive (EU) 2018/2001 of the European Parliament and of the Council of 11 December 2018 on the promotion of the use of energy from renewable sources (OJ L 328, 21.12.2018, p. 82).

(26)  Directive (EU) 2018/2001 of the European Parliament and of the Council of 11 December 2018 on the promotion of the use of energy from renewable sources (OJ L 328, 21.12.2018, p. 82).

(27)  Directive 2003/87/EC of the European Parliament and of the Council of 13 October 2003 establishing a scheme for greenhouse gas emission allowance trading within the Community and amending Council Directive 96/61/EC (OJ L 275, 25.10.2003, p. 32).

(28)  Directive 2003/87/EC of the European Parliament and of the Council of 13 October 2003 establishing a scheme for greenhouse gas emission allowance trading within the Community and amending Council Directive 96/61/EC (OJ L 275, 25.10.2003, p. 32).

(1)  Directive 2010/31/EU of the European Parliament and of the Council of 19 May 2010 on the energy performance of buildings (OJ L 153, 18.6.2010, p. 13).

(1)  Directive 2010/31/EU of the European Parliament and of the Council of 19 May 2010 on the energy performance of buildings (OJ L 153, 18.6.2010, p. 13).

(29)  ‘A Renovation Wave for Europe — greening our buildings, creating jobs, improving lives’ (CDR-2786-2020) (OJ C 175, 7.5.2021, p. 23)..

(30)  Various types of prosumers exist: residential prosumers who produce electricity at home — mainly through solar photovoltaic panels on their rooftops, citizen-led energy cooperatives or housing associations, commercial prosumers whose main business activity is not electricity production, and public institutions like schools or hospitals.

(31)  Building characteristics such as age, form, use, historical/architectural design, ownership, purpose, local property market, alternative value, subcontracting costs and any previous renovation work.