P9_TA(2023)0068 Energy performance of buildings (recast) Amendments adopted by the European Parliament on 14 March 2023 on the proposal for a directive of the European Parliament and of the Council on the energy performance of buildings (recast) (COM(2021)0802 — C9-0469/2021 — 2021/0426(COD)) (Ordinary legislative procedure — recast)
Date: 2023-03-14
Institutions: Committee on Industry, Research and Energy, Committee on Legal Affairs, Committee on Transport and Tourism, Committee on the Environment, Climate and Food Safety, European Parliament
Subjects: EU energy policy, building, building services, energy consumption, energy efficiency, energy saving, environmental standard, improvement of housing, reduction of gas emissions, technological change




C_202300418EN.000101.fmx.xml












Official Journal of the European Union


EN
Series C













C/2023/418


23.11.2023






P9_TA(2023)0068
Energy performance of buildings (recast)
Amendments adopted by the European Parliament on 14 March 2023 on the proposal for a directive of the European Parliament and of the Council on the energy performance of buildings (recast) (COM(2021)0802 — C9-0469/2021 — 2021/0426(COD)) (1)

(Ordinary legislative procedure — recast)
[Amendment 1, unless otherwise indicated]
(C/2023/418)

AMENDMENTS BY THE EUROPEAN PARLIAMENT (*1)

to the Commission proposal



2021/0426(COD)
Proposal for a

                     
                        DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
                     
                  

on the energy performance of buildings (recast)

(Text with EEA relevance)


THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular Article 194(2) thereof,


Having regard to the proposal from the European Commission,


After transmission of the draft legislative act to the national parliaments,


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


Having regard to the opinion of the Committee of the Regions (3),


Acting in accordance with the ordinary legislative procedure (4),

Whereas:







(1)


Directive 2010/31/EU of the European Parliament and of the Council (5) has been substantially amended several times. Since further amendments are to be made, that Directive should be recast in the interests of clarity.












(2)


Under the Paris Agreement, adopted in December 2015 under the United Nations Framework Convention on Climate Change (UNFCCC), its Parties have agreed to hold the increase in the global average temperature well below 2 oC above pre-industrial levels and to pursue efforts to limit the temperature increase to 1,5 oC above pre-industrial levels. 
The parties to the Glasgow Climate Pact in November 2021 reaffirmed that keeping the increase in the global average temperature to 1,5 oC above pre-industrial levels would significantly reduce the risks and impacts of climate change, and undertook to strengthen their 2030 targets by the end of 2022.
 Reaching the objectives of the Paris Agreement is at the core of the Commission communication on ‘The European Green Deal’ of 11 December 2019 (6). The Union committed itself to reduce the Union’s economy-wide net greenhouse gas emissions by at least 55 % by 2030 below 1990 levels in the updated nationally determined contribution submitted to the UNFCCC Secretariat on 17 December 2020.












(3)


As announced in the Green Deal, the Commission presented its Renovation Wave strategy on 14 October 2020 (7). The strategy contains an action plan with concrete regulatory, financing and enabling measures, with the objective to at least double the annual energy renovation rate of buildings by 2030 and to foster deep renovations 
in more than 35 million buildings and the creation of up to 160 000 jobs in the construction sector
. The revision of the Energy Performance of Buildings Directive is necessary as one of the vehicles to deliver on the Renovation Wave. It will also contribute to delivering on the New European Bauhaus initiative and the European mission on climate-neutral and smart cities 
and should follow the pathway established by the New European Bauhaus initiative as a previous phase of the Renovation Wave
. 
The New European Bauhaus initiative is intended to foster a more inclusive society that promotes the wellbeing of all in keeping with the historical Bauhaus, which contributed to social inclusion and the well-being of citizens, in particular worker communities. By facilitating training, networks and issuing guidelines to architects, artists, students, engineers and designers under the principles of sustainability, aesthetics, and inclusion, the New European Bauhaus initiative can empower local authorities to develop innovative and cultural solutions in creating a more sustainable built environment. Member States should support projects of the New European Bauhaus initiatives that enrich the cultural and built landscape of regions across Europe and help neighbourhoods and communities achieve the Union’s climate goals.














(4)


Regulation (EU) 2021/1119 of the European Parliament and of the Council (8), the ‘European Climate Law’, enshrines 
in Union law
 the target of economy-wide climate neutrality by 2050 
at the latest, the aim of achieving
 and establishes a binding Union domestic reduction commitment of net greenhouse gas emissions (emissions after deduction of removals) of at least 55 % below 1990 levels by 2030.












(5)


The ‘Fit for 55’ legislative package announced in the 
Commission’s
 2021 Work Programme aims to implement those objectives. It covers a range of policy areas including energy efficiency, renewable energy, land use, land change and forestry, energy taxation, effort sharing, emissions trading and alternative fuels infrastructure. The revision of Directive 2010/31/EU is an integral part of that package
. The communication of the Commission of 18 May 2022 entitled ‘REPowerEU plan’
                              


reviewed key provisions of the ‘Fit for 55’ legislative package in light of the updated geopolitical context, requiring a revised political framework, with new legislative proposals and targeted recommendations to update the objectives, in particular by increasing ambition with regard to energy efficiency and savings and enhanced energy sovereignty, while moving away from fossil fuels. That communication also encouraged Member States to consider taxation measures to provide incentives for energy savings and reduce fossil fuels consumption, including tax deductions linked to energy savings.
















(5a)






The revision of the EPBD should be consistent with the other proposals that are part of the ‘Fit for 55’ legislative package, such as the proposed revisions of Directives 2003/87/EC
 (9)

, 2012/27/EU
 (10)

, (EU) 2014/94/EU
 (11)

and 2018/2001
 (12)

of the European Parliament and of the Council.
















(5b)






The renovation of monuments should always be carried out in compliance with the national rules on conservation, international conservation standards, including the 1964 Venice Charter for the Conservation and Restoration of Monuments and Sites, and the original architecture of the monuments concerned.
















(5c)






For buildings that have historical or architectural merit, but are not officially protected, Member States should set criteria for the application of the highest energy performance class that is technically, functionally and economically feasible while maintaining the character of the building.














(6)


Buildings account for 40 % of final energy consumption in the Union and 36 % of its energy-related greenhouse gas emissions
, while 75 % of Union buildings are still energy-inefficient. Natural gas plays the largest role in heating of buildings, accounting for around 42 % of energy used for space heating in the residential sector. Oil is the second most important fossil fuel for heating, accounting for 14 % and coal accounts for around 3 %
. Therefore, reduction of energy consumption, in line with the energy efficiency first principle ▌, 
implemented in accordance with Commission Recommendation (EU) 2021/1749
 (13) and the use of energy from renewable sources in the buildings sector constitute important measures needed to reduce ▌greenhouse gas emissions 
and energy poverty in the Union
. Reduced energy consumption and an increased use of energy from renewable sources
, especially solar energy,
 also have 
a key role
 to play in reducing the Union’s energy dependency 
on fossil fuel overall and on imports especially
, promoting security of energy supply 
in line with to the objectives set out in the REPowerEU plan, integrating the energy system, contributing to system efficiency, fostering
 technological developments and in creating opportunities for employment and regional development, in particular in islands, rural areas 
and off grid communities
.














(6a)






The improvement of energy efficiency and energy performance of buildings through deep renovation has enormous social, economic and environmental benefits. Moreover, energy efficiency is the safest and most cost-efficient method by which to decrease the Union’s dependence on energy imports and to mitigate the negative impact of high energy prices. Investments in energy efficiency should be high priority at both private and public level.
















(6b)






In order to ensure that all citizens benefit from the improved energy performance of buildings and the associated living quality, environmental, economic and health benefits, a proper regulatory, financial and advisory framework should be put in place to support building renovations. There should be a special focus on vulnerable and middle-income households, as these often live in worst-performing buildings, both in urban and rural areas.
















(6c)






The introduction of minimum energy performance standards, accompanied by social safeguards and financial guarantees, are intended to improve the quality of life of the most vulnerable households and the poorest citizens.
















(6d)






In rural areas across the Union, there is potential for renewable energy generation that helps to reduce greenhouse gas emissions and that is cost-effective in powering and heating off-grid areas, while reducing import dependency and infrastructure lock-in, and that contributes to climate mitigation and improves air quality.














(7)


Buildings 
and building elements and materials
 are responsible for greenhouse gas emissions before, during and after their operational lifetime. ▌The whole life-cycle emissions of buildings should therefore progressively be taken into account 
in line with a Union methodology to be established by the Commission, starting with new, then renovated buildings, for which Member States should establish whole life-cycle greenhouse gas emission reduction targets in accordance with that Union methodology.
 Buildings are a significant material bank, being repositories for resources over many decades, and the design options largely influence the whole life-cycle emissions both for new buildings and renovations. The whole life-cycle performance of buildings should be taken into account not only in new construction, but also in renovations through the inclusion of policies 
and
 reduction 
targets
 of whole life-cycle greenhouse gas emissions in Member States’ building renovation plans.














(7a)






A link should be made with the principles of the circular economy and the leading role of the New European Bauhaus initiative, which aims to promote greater circularity in the built environment, by promoting renovation and adaptive re-use over demolition and new build, as appropriate.
















(7b)






The introduction of requirements on whole life-cycle emissions will encourage industrial innovation and value creation, such as through an increase in the use of circular and natural materials.
















(7c)






It is crucial to promote and include the use of more sustainable construction materials, in particular bio- and geo-sourced materials, as well as simple passive low-tech and locally tested building techniques to support and promote the use of and research into material technologies that contribute to the best possible insulation and structural support of buildings. In view of the climate crisis and the increased probability of summer heat waves, special consideration should be given to heat protection for buildings.














(8)


Minimizing the whole life-cycle greenhouse gas emissions of buildings requires resource efficiency
, sufficiency
, circularity 
and
 turning parts of the building stock into a ▌ carbon sink.














(8a)






The fact that buildings are responsible for greenhouse gas emissions even before their operational lifetime is the consequence of the carbon already embedded within all building materials. An increase in the use of sustainably and locally sourced nature-based building materials, in line with the principles of the New European Bauhaus initiative and the internal market, has the potential to substitute for more carbon intensive materials and to store carbon in the built environment via the use of wood-based materials.
















(8b)






Sufficiency policies are measures and daily practices that avoid the demand for energy, materials, land, water, and other natural resources over the life-cycle of buildings and goods while contributing to delivering wellbeing for all within planetary boundaries. Circularity principles avoid the linear use of materials and goods by applying some of the sufficiency principles at the level of product and construction materials. Measures to use and extend the lifetime of secondary materials, are essential to ensure that the Union building sector contributes its fair share to the achievement of the climate neutrality objective.
















(8c)






The integration of green infrastructure, such as living roofs and walls in urban planning and infrastructure design, can be an effective tool for climate adaptation and to reduce the detrimental impacts of climate change in urban areas. Member States should encourage the installation of vegetated surfaces which help retain and detain rainwater, thus reducing urban runoff and improving storm water management. Green infrastructure also reduces the ‘urban heat island effect’, cooling buildings and their surroundings during summer and heat wave events.














(9)


The global warming potential 
(GWP)
 over the whole life-cycle indicates the building’s overall contribution to emissions that lead to climate change. It brings together greenhouse gas emissions embodied in construction products with direct and indirect emissions from the use stage. A requirement to calculate the life-cycle 
GWP
 of new buildings therefore constitutes a first step towards increased consideration of the whole life-cycle performance of buildings and a circular economy. This calculation should be based on a harmonised framework at Union level. The Commission should provide a clear definition of the life-cycle approach. Member States should adopt a roadmap on a reduction of the life-cycle GWP of buildings.
















(9a)






In line with the energy efficiency first principle and in order to achieve higher levels of sufficiency and resource efficiency, Member States should minimise the number of unoccupied buildings. They should encourage the deep renovation and exploitation of such buildings, through special administrative and financial measures, if cost effective, and construction, reconstruction and modification of the builing which leads to lower life-cycle GWP within the lifetime of a building. In addition, a significant share of any new builings should be carried out on brownfiled sites.
















(9b)






The circular economy rules for construction materials are set out in Regulation (EU) No 305/2011 of the European Parliament and of the Council
 (14)

together with a framework set out in Directive 2008/98/EC of the European Parliament and of the Council
 (15)

. Definitions, methodologies and best approaches should be provided and consolidated in upcoming revision of those legislative acts to ensure a clear, consistent regulatory framework for construction materials.














(10)


Buildings are responsible for about half of primary fine particulate matter (PM2,5) emissions in the EU that cause premature death and illness. Improving energy performance 
and the use of nature-based solutions and sustainable materials in
 buildings can and should reduce pollutant emissions at the same time, in line with Directive (EU) 2016/2284 of the European Parliament and the Council (16).














(10a)






Management of energy demand is an important tool which enables the Union to influence the global energy market and thus the security of energy supply in the short, medium and long term.














(11)


Measures to improve further the energy performance of buildings should take into account climatic conditions, including adaptation to climate change 
through green infrastructures
, local conditions as well as indoor 
environmental quality, sufficiency and circularity and energy savings, thus promoting more sustainable, inclusive and innovative ways of living in order to adapt to new needs. Such
 measures should 
be implemented in a way that maximises the co-benefits of
 other requirements 
and objectives
 concerning buildings such as accessibility, fire safety and seismic
, heating and electrical installation
 safety and the intended use of the building. 
Those co-benefits should be monetised in order to realistically determine the cost-optimality of further energy performance improvements. Moreover, they should ensure the improvement of the situation of vulnerable households and people living in social housing.
















(11a)






Member States should ensure that energy performance certificates accurately reflect the climate performance of buildings.














(12)


The energy performance of buildings should be calculated on the basis of a methodology, which may be 
supplemented
 at national and regional 
and local
 level. That includes, in addition to thermal characteristics, other factors that play an increasingly important role such as heating and air-conditioning installations, application of energy from renewable sources, building automation and control systems, 
heat recovery from wastewater, ventilation and cooling
, 
energy recuperation, hydronic balancing,
 smart solutions, passive heating and cooling elements, shading, indoor 
environmental
 quality, adequate natural light and design of the building. The methodology for calculating energy performance should be based not only on the season in which heating or air-conditioning is required, but should cover the annual energy performance of a building. That methodology should take into account existing European standards. The methodology should ensure the representation of actual operating conditions and enable the use of metered energy to verify correctness and for comparability, and the methodology should be based on hourly or sub-hourly time-steps
. The methodology should also enable the on-site, remote and desktop validation of the assumptions behind the calculations, including thermal performance, materiality, system efficiency, and the configuration of controls, in the delivered building
. In order to encourage the use of renewable energy on-site, 
including roof solar panels in line with the European Solar Rooftops initiative,
 and in addition to the common general framework, Member States should take the necessary measures so that the benefits of maximising the use of renewable energy on-site, including for other-uses (such as electric vehicle charging points), are recognised and accounted for in the calculation methodology
, taking into account current and future grid capacity
.












(13)


Member States should set minimum requirements for the energy performance of buildings and building elements with a view to achieving the cost-optimal balance between the investments involved and the energy costs saved throughout the lifecycle of the building, without prejudice to the right of Member States to set minimum requirements which are more energy efficient than cost-optimal energy efficiency levels. Provision should be made for the possibility for Member States to review regularly their minimum energy performance requirements for buildings in the light of technical progress.












(14)


Two-thirds of the energy used for heating and cooling of buildings still comes from fossil fuels. In order to 
reach zero-emissions
, it is 
particularly urgent
 to phase out fossil fuel in heating and cooling. Therefore, Member States should indicate their national policies and measures to phase out fossil fuels in heating and cooling in their building renovation plans, and no financial incentives should be given for the installation of fossil fuel boilers 
from the entry into force of this Directive. Member States should introduce measures to ensure that the use of fossil fuel heating systems in new buildings and buildings undergoing major renovation, deep renovation, or renovation of the heating system is not authorised from the date of transposition of this Directive and phase out the use of fossil fuel based heating systems from all buildings by 2035 and if not feasible as demonstrated to the Commission, by 2040 at the latest
. 
This will also play a key role in decreasing the Union’s dependence on imports from third countries, lower citizens' energy bills and vulnerability to price fluctuations and halt excess air pollution limit values.
















(14a)






The renovation of heating systems involves the replacement or refurbishment of the heating generator, and it may also involve other elements of the heating system, such as pumping equipment, insulation of pipework, controls or terminal units, such as radiators or fan coils. Despite their impact on the overall efficiency of the system, the replacement or refurbishment of individual elements without involving the heat generator, should not be considered as a renovation of the heating system, since these elements are independent of the energy source used. The renovation of heating system represents an opportunity to support the decarbonisation of heating across the Union.
















(14b)






Efficient use of waste heat from domestic hot water systems represents significant energy saving opportunity. Hot water preparation is the main source of energy consumption for new buildings and normally this heat is wasted and not reused. Knowing that most of the hot water consumed comes from showers, harvesting heat from shower drains in buildings could be a simple and cost-effective way to save final energy consumption and related CO2 and methane emissions of domestic hot water production.
















(14c)






To achieve a cost-efficient decarbonisation of the heating sector, Member States should ensure a level playing field among available technologies and support multi-vector solutions, by taking into consideration security of supply, cost-effectiveness and flexibility.














(15)


Energy performance requirements for technical building systems should apply to whole systems, as installed in buildings, and not to the performance of standalone components, which fall under the scope of product-specific regulations under Directive 2009/125/EC 
of the European Parliament and of the Council
 (17). When setting energy performance requirements for technical building systems, Member States should use, where available and appropriate, harmonised instruments, in particular testing and calculation methods and energy efficiency classes developed under measures implementing Directive 2009/125/EC ▌ and Regulation (EU) 2017/1369 of the European Parliament and of the Council (18), with a view to ensuring coherence with related initiatives and minimise, to the extent possible, potential fragmentation of the market.












(16)


This Directive is without prejudice to Articles 107 and 108 of the Treaty on the Functioning of the European Union (TFEU). The term ‘incentive’ used in this Directive should not therefore be interpreted as constituting State aid.












(17)


The Commission should lay down a comparative methodology framework for calculating cost-optimal levels of minimum energy performance requirements. 
A review of that framework should enable the calculation of both energy and emission performance and should take into account monetisable environmental, social and health externalities.
 Member States should use 
that
 framework to compare the results with the minimum energy performance requirements which they have adopted. Should significant discrepancies, i.e. exceeding 15 %, exist between the calculated cost-optimal levels of minimum energy performance requirements and the minimum energy performance requirements in force, Member States should justify the difference or plan appropriate steps to reduce the discrepancy. The estimated economic lifecycle of a building or building element should be determined by Member States, taking into account current practices and experience in defining typical economic lifecycles. The results of 
that
 comparison and the data used to reach 
those
 results should be regularly reported to the Commission. 
Those
 reports should enable the Commission to assess and report on the progress of Member States in reaching cost-optimal levels of minimum energy performance requirements. 
In applying the comparative methodology, Member States should take into account that energy efficiency measures at building level do not include measures that imply the use of fossil fuels in new buildings, while considering a range of options, such as the supply of renewable energy on-site, including in particular heat pumps and solar technologies, via renewable energy self consumption, joint self consumption, energy sharing or the supply of renewable energy provided from an energy community, renewable and waste energy from an efficient district heating and cooling system. The discount rate used for the calculation of the cost-optimal levels of energy performance, both for the macroeconomic and financial perspective, should not exceed an annual rate of 3 %. The optimisation method and the macroeconomic calculation of global costs should include the environmental and health externalities of energy use, and economy-wide macroeconomic benefits in terms of, for instance, job creation and GDP.














(18)


Major renovations of existing buildings, regardless of their size, provide an opportunity to take cost-effective measures to enhance energy performance. For reasons of cost-effectiveness, it should be possible to limit the minimum energy performance requirements to the renovated parts that are most relevant for the energy performance of the building
, while encompassing heating and cooling systems
. Member States should be able to choose to define a ‘major renovation’ either in terms of a percentage of the surface of the building envelope or in terms of the value of the building. If a Member State decides to define a major renovation in terms of the value of the building, values such as the actuarial value, or the current value based on the cost of reconstruction, excluding the value of the land upon which the building is situated, could be used.














(18a)






To ensure decent housing for all, it is necessary to define vulnerable areas or neighbourhoods associated with energy poverty in a way that allows for more accurate detection of less developed micro-areas, both rural and urban, encompassed within more developed areas. That would contribute to the identification and location of the most vulnerable social sectors and those suffering from energy poverty, and households that are exposed to high energy cost and lack the means to renovate the builings they occupy, thus helping to fight against social inequalities that may arise from the application of the different climate action measures. Moreover, inefficient housing is a systemic cause of energy poverty, with 50 million people in the Union living in energy poverty, unable to adequately light, heat or cool their homes, and over 20 % of poor households in the Union live in a dwelling that has mould, damp or rot.














(19)


The enhanced climate and energy ambition of the Union requires a new vision for buildings: the zero-emission building, the very low energy demand of which is fully covered by energy from renewable sources where technically feasible. All new buildings should be zero-emission buildings, and all existing buildings should be transformed into zero-emission buildings by 2050. 
Member States should take into account energy transition timing and social costs when they establish any target deadlines.














(20)


Different options are available to cover the energy needs of an efficient building by energy from renewable sources: on-site renewables such as solar 
thermal, geothermal,
 solar photovoltaics, heat pumps 
hydroelectric power
 and biomass, renewable energy provided by renewable energy communities or citizen energy communities, and district heating and cooling based on renewables or waste heat 
recovery from waste water, sanitary hot water or air and renewable energy supplied from the energy grids.
















(20a)






With the increased electrification of heating and increase of renewable energy generation, energy efficiency in buildings is required to avoid creating excess pressure on grid capacity and oversizing generation capacity to manage peaks in electricity demand. Energy efficiency in buildings will support the grid and reduce generation capacity needs. This includes dealing with the seasonality of heating demand, which in many Member States is the main part of the energy system peak demand.
















(20b)






The Commission should assess the grid capacity that is necessary for integration of renewable energy and electrical heating solutions and identify remaining barriers to facilitate the development of renewable self-consumption, in particular those in vulnerable households.














(21)


The necessary decarbonisation of the Union building stock requires energy renovation at a large scale: almost 75 % of that building stock is inefficient according to current building standards, and 85-95 % of the buildings that exist today will still be standing in 2050. However, the weighted annual energy renovation rate is persistently low at around 1 %. At the current pace, the decarbonisation of the building sector would require centuries. Triggering and supporting building renovation 
to at least triple the current renovation rate
, including a shift towards emission-free heating systems, is therefore a key goal of this Directive. 
Supporting renovations at district level, including through industrial or serial type renovations, offers benefits by stimulating the volume and depth of building renovations and will lead to a quicker and cheaper decarbonisation of the building stock.














(22)


Minimum energy performance standards are the essential regulatory tool to trigger renovation of existing buildings on a large scale, as they tackle the key barriers to renovation such as split incentives and co-ownership structures, which cannot be overcome by economic incentives. The introduction of minimum energy performance standards should lead to a gradual phase-out of the worst-performing buildings and a continuous improvement of the national building stock, contributing to the long-term goal of a decarbonised building stock by 2050.












(23)


Minimum energy performance standards set at Union level should focus on the renovation of the buildings with the highest potential in terms of decarbonisation, energy poverty alleviation and extended social and economic benefits, in particular on the very worst-performing buildings, which need to be renovated as a priority.














(23a)






The Commission should publish a summary report on the situation and progress of the Union building stock at local, regional and national level, in particular regarding the worst-performing buildings in order to focus efforts and investments appropriately.














(24)




Minimum
 energy performance standards 
should create a pathway, supported by financial mechanisms, for the progressive increase of energy performance classes of buildings, in particular with regards to rural and isolated areas.
 When reviewing this Directive, the Commission should assess whether further binding minimum energy performance standards need to be introduced in order to achieve a decarbonised building stock by 2050.














(24a)






This Directive should be consistent with the basic principles of the property and tenancy law of the Member States.














(25)


The introduction of minimum energy performance standards should be accompanied by an enabling framework including technical assistance and financial measures 
as well as policies that aim to enhance the skills of workers in the construction and renovation sector
. Minimum energy performance standards set at national level do not amount to ‘Union standards’ within the meaning of State aid rules, while Union-wide minimum energy performance standards might be considered constituting such ‘Union standards’. In line with revised State aid rules, Member States may grant State aid to building renovation to comply with the Union-wide energy performance standards, namely to achieve a certain energy performance class, until those Union-wide standards become mandatory. Once the standards are mandatory, Member States may continue to grant State aid for the renovation of buildings and building units falling under the Union-wide energy performance standards as long as the building renovation aims at a higher standard than the specified minimum energy performance class.












(26)


The EU Taxonomy classifies environmentally sustainable economic activities across the economy, including for the building sector. Under the EU Taxonomy Climate Delegated Act, building renovation is considered a sustainable activity where it achieves at least 30 % energy savings, complies with minimum energy performance requirements for major renovation of existing buildings, or consists of individual measures related to the energy performance of buildings, such as the installation, maintenance or repair of energy efficiency equipment or of instruments and devices for measuring, regulating and controlling the energy performance of buildings, where such individual measures comply with the criteria set out. Building renovation to comply with Union-wide minimum energy performance standards is typically in line with the EU Taxonomy criteria related to building renovation activities.












(27)


The Union-wide minimum energy performance standards should be based on harmonised energy performance classes. By defining the lowest energy performance class G as the worst-performing 15 % of each Member State’s national building stock, the harmonisation of energy performance classes ensures similar efforts by all Member States, while the definition of the best energy performance class A ensures the convergence of the harmonised energy performance class scale towards the common vision of zero-emission buildings.












(28)


Minimum energy performance requirements for existing buildings and building elements were already contained in the predecessors of this Directive and should continue to apply. While the newly introduced minimum energy performance standards set a floor for the minimum energy performance of existing buildings and ensure that renovation of inefficient buildings takes place, minimum energy performance requirements for existing buildings and building elements ensure the necessary depth of renovation when a renovation takes place.














(28a)






There is an urgent need to reduce the dependence on fossil fuels in buildings and to accelerate efforts to decarbonise and electrify their energy consumption. In order to enable the cost-effective installation of solar technologies at a later stage, all new buildings should be ‘solar ready’, that is, designed to optimise the solar generation potential on the basis of the site’s solar irradiance, enabling the installation of solar technologies without costly structural interventions. In addition, Member States should ensure the deployment of suitable solar installations on new buildings, both residential and non-residential, and on existing non-residential buildings. Large-scale deployment of solar energy on buildings would greatly contribute to shielding more effectively consumers from increasing and volatile prices of fossil fuels, reduce the exposure of vulnerable households to high energy costs and result in wider environmental, economic and social benefits. In order to efficiently exploit the potential of solar installations on buildings, Member States should define criteria for the implementation of, and possible exemptions from, the deployment of solar installations on buildings in line with the assessed technical and economic potential of the solar energy installations and the characteristics of the buildings covered by this obligation.
















(28b)






This Directive should take full account of the communication of the Commission of 18 May 2022 entitled ‘EU Solar Energy Strategy’ and in particular its European Solar Rooftops initiative. Solar photovoltaics and solar thermal technologies should be rolled-out rapidly to benefit both the climate and the finances of citizens and businesses. Member States should establish robust support frameworks for rooftop systems, including in combination with energy storage and heat-pumps, based on predictable payback times that should be shorter than 10 years. The Member States should implement the measures as a priority, using available Union funding, in particular the new REPowerEU chapters of their Recovery and Resilience Plans. The Commission should monitor progress in the implementation of the European Solar Rooftops initiative on an annual basis, with the European Parliament, the Member States and the sector’s stakeholders.














(29)


To achieve a highly energy efficient and decarbonised building stock and the transformation of existing buildings into zero-emission buildings by 2050, Member States should establish national building renovation plans, which replace the long-term renovation strategies and become an even stronger, fully operational planning tool for Member States, with a stronger focus on financing and ensuring that appropriately skilled workers are available for carrying out building renovations, 
as well as on tackling energy poverty, ensuring electrical and fire safety and improving the energy performance of worst-performing buildings
. In their building renovation plans, Member States should set their own national building renovation targets. In line with Article 21(b)(7) of Regulation (EU) 2018/1999 and with the enabling conditions set under Regulation (EU) 2021/1060 of the European Parliament and of the Council (19), Member States should provide an outline of financing measures, as well as an outline of the investment needs and the administrative resources for the implementation of their building renovation plans. 
Member States should consider using Union funding and financing mechanisms, in particular, the Resilience and Recovery Facility established by Regulation (EU) 2021/241 of the European Parliament and of the Council
 (20)

, structural and cohesion funds and the Social Climate Fund established by Regulation (EU) …/… of the European Parliament and of the Council [regulation of the European Parliament and of the Council establishing a Social Climate Fund as proposed by COM(2021)0568]
 (21)

, to fund the implementation of their building renovation plans.
















(29a)






In order to ensure that the Union’s workforce is fully prepared to actively work towards the achievement of the Union climate objectives, Member States should aim to lower gender disparity in the construction and building sector, including through their national energy and climate plans.














(30)


The national building renovation plans should be based on a harmonised template in order to ensure comparability of plans. In order to ensure the required ambition, the Commission should assess the draft plans and issue recommendations to Member States.












(31)


The national building renovation plans should be closely linked with the integrated national energy and climate plans under Regulation (EU) 2018/1999, and progress in achieving the national targets and the contribution of the building renovation plans to national and Union targets should be reported as part of the biennial reporting under Regulation (EU) 2018/1999. Considering the urgency to scale up renovation based on solid national plans, the date for the submission of the first national building renovation plan should be set as early as possible.












(32)


Staged 
deep
 renovation can be a solution to address▌ high upfront costs and hassle for the inhabitants that may occur when renovating ‘in one go’
and can allow for less disruptive and more cost-efficient renovation measures
. However, such staged 
deep
 renovation needs to be carefully planned in order to avoid that one renovation step precludes necessary subsequent steps. 
One-step deep renovation can be more cost-effective and result in lower carbon budget options to achieve a fully decarbonised and zero-emitting Union building stock.
 One-step 
deep and staged deep renovations are both valid options for deep renovations as differing factors need consideration, when determining most suitable solutions for decarbonisation, such as cost-effectiveness, resulting carbon budget, building use, renovation time, existing condition of the building, extent of renovations and primary energy supply of a building
. 
Renovation passports provide a clear roadmap for staged deep
 renovation, helping owners and investors plan the best timing and scope for interventions. Therefore, renovation passports should be 
encouraged and
 made available as a voluntary tool to building owners across all Member States. 
Member States should ensure that renovation passports do not create disproportionate burdens for the parties involved and are accompanied by adequate financial support for vulnerable households, in particular where the dwelling is their only residential property.
















(32a)






Long-term contracts are an important instrument to stimulate staged renovation. Member States should introduce mechanisms that allow the establishment of long-term contracts over the various stages of staged renovation. Where new and more effective incentives become available during the various stages of the renovation, access to those new incentives should be ensured by allowing beneficiaries to switch to new incentives.














(33)


The concept of ‘deep renovation’ has not yet been defined in Union 
law
. With a view to achieving the long-term vision for buildings, deep renovation should be defined as a renovation that transforms buildings into zero-emission buildings; in a first step, as a renovation that transforms buildings into nearly zero-energy buildings. This definition serves the purpose of increasing the energy performance of buildings. A deep renovation for energy performance purposes is a prime opportunity to address other aspects such as 
indoor environmental quality
, living conditions of vulnerable households, 
sufficiency and circularity
, increasing climate resilience, 
improving environmental and health standards
 resilience against disaster risks including seismic resilience, fire 
and electrical
 safety, the removal of hazardous substances including asbestos, and accessibility for persons with disabilities, 
and enhancing carbon sinks, such as vegetated surfaces.
















(33a)






A deep renovations standard, if accompanied by adequate support and information, including technical assistance and training, can be a way to achieve higher emissions reduction. Local policymakers play an enabling role in designing the energy renovation market through local regulations, driving phase-out of inefficient heating and cooling systems, managing public procurement processes, and developing public-private partnerships. Renovations must be carried out to a high standard to effectively reduce emissions and avoid performance gaps that can make the targets harder to reach in the medium term.














(34)


In order to foster 
deep and staged
 deep renovation, which is one of the goals of the Renovation Wave strategy, Member States should 
reserve the highest support level of
 financial and administrative support to 
the
 deep renovation 
of worst-performing buildings with a single dwelling.














(35)


Member States should support energy performance upgrades of existing buildings that contribute to achieving ▌ healthy indoor 
environmental quality
, including 
healthy and affordable living space,
 the removal of asbestos and other harmful substances, preventing the illegal removal of harmful substances, and facilitating compliance with existing legislative acts such as Directives 2009/148/EU (22) and (EU) 2016/2284 (23) of the European Parliament and of the Council.














(35a)






Integrated district or neighbourhood approaches allow for overall renovation concepts for buildings that are spatially related such as housing blocks. Such approaches to renovations offer multiple solutions at a larger scale. Integrated renovation plans can adopt a more holistic approach, which addresses the broader community ecosystem, such as transport needs and appropriate sustainable energy sources, including on-site and nearby renewables or district heating and cooling. Such plans allow for increased cost effectiveness of the works required, enhance connections between modes of transport and take account of existing infrastructure for the purpose of system optimisation as well as the preservation of cultural heritage. Therefore, this Directive should promote the wider use of integrated, participative and district-related approaches, which allow for synergies and potential energy savings that would remain untapped if the focus were exclusively on individual buildings. Integrated renovation plans can also lead to benefits such as improved air quality, a reduction in district emissions, and a large-scale alleviation of energy poverty. Districts should be established by local authorities, in accordance with local needs.
















(35b)






In order to support the multiplication and replicability of successful building renovation projects, in line with the New European Bauhaus initiative, in particular with its sustainability goal, Member States should put in place national industrial policies for the large-scale production of locally adaptable prefabricated building elements for building renovation that provide different functions, including aesthetics, insulation and energy generation and insulation and green infrastructures. They should also promote biodiversity, water management, accessibility and mobility.
















(35c)






Member States should develop national electrical inspections regimes in light of the fact that a high percentage of the domestic and accidental domestic fires have an electrical source and in order to ensure that electrical installations are safe and ready for new uses aiming to achieve zero-emissions buildings.
















(35d)






Consideration of the water-energy nexus is particularly important to address the interdependent energy and water use and the increasing pressure on both resources. The effective management and reuse of water can make a significant contribution to energy savings, yielding climate, but also economic and social, benefits.














(36)


Electric vehicles are expected to play a crucial role in the decarbonisation and efficiency of the electricity system, namely through the provision of flexibility, balancing and storage services, especially through 
the development of smart charging
 and aggregation. This potential of electric vehicles to integrate with the electricity system and contribute to system efficiency and further absorption of renewable electricity should be fully exploited 
including through the installation of a public charging infrastructure in parking spaces
. Charging in relation to buildings is particularly important, since this is where electric vehicles park regularly and for long periods of time. Slow 
smart and bidirectional
 charging is economical and the installation of recharging points in private spaces can provide energy storage to the related building. 
Combined with data provided by smart meters and data produced by the vehicle, charging infrastructure for electric vehicles could also provide flexibility solutions
 and integration of smart 
and bidirectional
 charging services and system integration services in general
. Electric vehicles capable of bidirectional charging add to the capacity of buildings and the electricity system to balance power supply and demand, especially during peak hours and at lower cost, and empower users to actively providing such services against adequate remuneration.














(37)


Combined with an increased share of renewable electricity production, electric vehicles produce fewer greenhouse gas emissions. Electric vehicles constitute an important component of a clean energy transition based on energy efficiency measures, alternative fuels, renewable energy and innovative solutions for the management of energy flexibility. Building codes can be effectively used to introduce targeted requirements to support the deployment of recharging infrastructure in car parks of residential and non-residential buildings. Member States should remove barriers such as 
grid connection and capacity bottlenecks
, split incentives and administrative complications which individual owners encounter when trying to install a recharging point on their parking space.












(38)


Pre-cabling provides the right conditions for the rapid deployment of recharging points if and where they are needed. Readily available infrastructure will decrease the costs of installation of recharging points for individual owners and ensure that electric vehicle users have access to recharging points. Establishing requirements for electromobility at Union level concerning the pre-equipping of parking spaces and the installation of recharging points is an effective way to promote electric vehicles in the near future while enabling further development at a reduced cost in the medium to long term. ▌ Member States should ensure the accessibility of recharging points for persons with disabilities.












(39)


Smart charging and bidirectional charging enable the energy system integration of buildings. Recharging points where electric vehicles typically park for extended periods of time, such as where people park for reasons of residence or employment, are highly relevant to energy system integration, therefore smart charging functionalities need to be ensured. 
As
 bidirectional charging 
assists the
 further penetration of renewable electricity by electric vehicle fleets 
in transport and the electricity system in general and is instrumental to peak shaving, thus lowering the need for power supply at peak hours and hence overall system costs
, such functionality should also be made available
, not least as it empowers owners of electric vehicles to make such functions available to play and active part in the energy system against adequate remuneration, in line with their right to generate, share, store or sell self-produced energy
.












(40)


Promoting green mobility is a key part of the European Green Deal and buildings can play an important role in providing the necessary infrastructure, not only for recharging of electric vehicles but also for bicycles. A shift to 
active
 mobility such as cycling can significantly reduce greenhouse gas emissions from transport. 
With the increase in the sale of electrically power-assisted bicycles and other L-category vehicle types and in order to facilitate the installation of recharging points at a later stage, pre-cabling for those vehicles should be required in new residential buildings and, where technically and economically feasible, pre-cabling or ducting should be required in residential buildings undergoing major renovation.
 As set out in the 2030 Climate Target Plan, increasing the modal shares of clean and efficient private and public transport, such as cycling, will drastically lower pollution from transport and bring major benefits to individual citizens and communities. The lack of bike parking spaces is a major barrier to the uptake of cycling, both in residential and non-residential buildings. 
Union requirements and national building
 codes can effectively support the transition to cleaner mobility by establishing requirements for a minimum number of bicycle parking spaces
, and building bicycle parking spaces and related infrastructure in areas where bicycles are less used can lead to an increase in their use
. 
The requirement to provide bicycle parking spaces should not be dependent on, or necessarily be linked to, the availability and supply of car parking spaces, which may be unavailable in certain circumstances. Minimum car parking requirements in building codes should be replaced with maximum car parking requirements, particularly in those areas that are already well served by public transport and active mobility options. Member States should support local authorities in developing and implementing sustainable urban mobility plans with a particular focus on the integration of housing policies with sustainable mobility and urban planning, thereby ensuring and prioritising accessibility of all new major urban developments by active mobility and public transport.
















(40a)






Technical support will also be needed to build the capacity of local authorities through trainings and workshops, for instance on designing procurements considering whole life-cycle data and to carry out the whole-life carbon monitoring.
















(40b)






When implementing the electromobility requirements in this Directive, Member States should particularly consider the economic situation of vulnerable households and vulnerable microenterprises and small enterprises and should be able to adjust the installation of the relevant infrastructure accordingly.














(41)


The agendas of the Digital Single Market and the Energy Union should be aligned and should serve common goals. The digitalisation of the energy system is quickly changing the energy landscape, from the integration of renewables to smart grids and smart-ready buildings. In order to digitalise the building sector, the Union’s connectivity targets and ambitions for the deployment of high-capacity communication networks are important for smart homes and well-connected communities. Targeted incentives should be provided to promote smart-ready systems and digital solutions in the built environment. This would offer new opportunities for energy savings, by providing consumers with more accurate information about their consumption patterns, and by enabling the system operator to manage the grid more effectively.












(42)


In order to facilitate a competitive and innovative market for smart building services that contributes to efficient energy use and integration of renewable energy in buildings and support investments in renovation, Member States should ensure direct access to building systems’ data by interested parties. To avoid excessive administrative costs for third parties, Member States shall facilitate the full interoperability of services and of the data exchange within the Union.












(43)


The smart readiness indicator should be used to measure the capacity of buildings to use information and communication technologies and electronic systems to adapt the operation of buildings to the needs of the occupants and the grid and to improve the energy efficiency and overall performance of buildings. The smart readiness indicator should raise awareness amongst building owners and occupants of the value behind building automation and electronic monitoring of technical building systems and should give confidence to occupants about the actual savings of those new enhanced-functionalities. The smart readiness indicator is particularly beneficial for large buildings with high energy demand. For other buildings, the scheme for rating the smart readiness of buildings should be optional for Member States.












(44)


Access to sufficient 
grants and
 funding is crucial to meet the 2030 and 2050 energy efficiency targets 
as well as to reduce the number of people living in energy poverty
. Union financial instruments and other measures have been put into place or adapted with the aim of supporting the energy performance of buildings 
and eliminating energy poverty
. The most recent initiatives to increase the availability of financing at Union level include, inter alia, the ‘Renovate’ flagship component of the Recovery and Resilience Facility ▌ and the Social Climate Fund 
and the REPowerEU plan.
 Several other key EU programmes can support energy renovation under the 2021-2027 Multiannual Financial Framework, including the cohesion policy funds and the InvestEU Fund established by Regulation (EU) 2021/523 of the European Parliament and of the Council (24). Through Framework Programmes for research and innovation, the Union invests in grants or loans to push the best technology and improve the energy performance of buildings, including through partnerships with industry and Member States such as the Clean Energy Transition and Built4People European Partnerships. 
In accordance with Regulation (EU) 2021/1119, the Commission should establish sector-specific energy transition partnerships within the building sector by bringing together key stakeholders.














(45)


Union financial instruments should be used to give practical effect to the objectives of this Directive, without however substituting national measures. In particular, due to the scale of the renovation effort needed, they should be used for providing appropriate and innovative means of financing to catalyse investment in energy performance of buildings. They could play an important role in the development of national, regional and local energy efficiency funds, instruments, or mechanisms, which deliver such financing possibilities to private property owners, to small and medium-sized enterprises and to energy efficiency service companies.












(46)


Financial mechanisms, 
Union grants and subsidies
, incentives and the mobilisation of financial institutions for energy renovations in buildings, 
tailored to the needs of different building owners and tenants,
 should play a central role in national building renovation plans and be actively promoted by Member States. Such measures should 
promote
 energy efficient mortgages 
with social safeguards
 for certified energy efficient building renovations, 
foster
 investments for public authorities in an energy efficient building stock, for example by public-private partnerships or energy performance contracts or reducing the perceived risk of the investments. 
Financial schemes should provide an important premium for deep renovations, especially of the worst-performing buildings, in order to make them financially attractive and be designed to allow accessibility for groups having difficulties to obtain regular financing.
















(46a)






Member States should provide guarantees to financial institutions in order to promote targeted financial products, grants and subsidies, to enhance the energy performance of buildings housing vulnerable households, as well as to owners in worst performing multi-dwelling buildings and buildings in rural areas, and other groups having difficulty to access finances or get traditional mortgages. Member States should ensure that those groups benefit from cost neutral renovation schemes, for instance through fully subsidised renovation schemes, or blends between grants and energy performance contracting and on-bill schemes. It is necessary to provide for a special renovation instrument, the ‘EU Renovation Loan’, at Union level, to provide homeowners with access to Union, long-term borrowing costs for deep renovation.
















(46b)






Financing plays a key role in achieving the Union 2030 energy and climate targets. To reduce the investment gap as well as to improve financing and to increase energy efficiency and the roll-out of renewable energy sources in buildings, a more cost-effective use of existing financing options is needed, as well as developing and introducing innovative financing mechanisms to support investments in building renovations and to assist homeowners as part of national initiatives. Financial mechanisms, incentives and the mobilisation of private investments from financial institutions for energy efficiency renovations in buildings should have a central role in national building renovation plans. Financial institutions should increase dissemination of information on their financial products to inform buildings owners, tenants and users about financial services to enhance energy performance. Financial institutions, including credit institutions and other financial market participants that invest in real estate-backed products, as well regulatory authorities should have access to information concerning the energy performance of buildings. Such institutions should be subject to the mortgage portfolio standards.
















(46c)






Green mortgage loans and green retail loans can significantly contribute to transforming the economy and reducing carbon emissions. Member States should adjust the applicable legislation and develop supporting measures to facilitate the uptake of green mortgage loans and green retail loans as well as systematic data collection.
















(46d)






Member States should prioritise the allocation of part of the European Social Fund to the technical training of workers in energy efficiency for the construction and renovation sectors. Member States should establish registries of their construction value-chain professionals, detailing the availability of skills and skilled professionals on the market. Those registries should be be publicly accessible and updated regularly.
















(46e)






The benefits of the ‘pay-as-you-save financial scheme’ in the medium-term, following the repayment of the loan, imply a net benefit for the household owners in terms of annual energy cost savings and an increased value of the property.














(47)


Financing alone will not deliver on the renovation needs. ▌ Setting up accessible and transparent advisory tools and assistance instruments such as 
independent
 one-stop shops that provide 
free
 integrated energy renovation services or facilitators 
and advice
, as well as implementing other measures and initiatives such as those referred to in the Commission’s Smart Finance for Smart Buildings Initiative, is indispensable to provide the right enabling framework and break barriers to renovation
. The central importance of local actors, such as municipal authorities, energy agencies and renewable and citizen energy communities, to delivering national renovation needs should be recognised. Other collaborative measures such as public-private partnerships play an important role and should be actively promoted and supported by Member States. In addition to financing and technical support, Member States should take up neighbourhood and district approaches to building renovation and renewable heating and cooling in their national building renovation plans and actively promoted them. Local initiatives, such as citizen-led renovation programmes at neighbourhood or municipal level, should also be provided with financial and technical support, as such initiatives enhance citizens’ engagement in the energy transition, preserve local social patterns, have an economy of scale effect and provide solutions fitting with the local context and needs.
















(47a)






Access to trusted advice and information increases confidence and eases the process of improving energy efficiency in existing buildings, especially for private citizens. In that regard, one-stop shops could play an important role in connecting potential projects with market actors, including citizens, public authorities and project developers, in particular smaller-scale projects as well as guidance on permit procedures, promoting access to funding for building renovation, and helping to disseminate information on terms and conditions. Locally operated one-stop-shops could also help ensure coordination of supply and demand. They can help building owners and managers with the renovation projects and help integrate individual projects into the broader strategy of the cities. They can also help prioritise worst-performance buildings by establishing timelines and providing targeted support to different portions of the building stock based on construction years. One-stop shops are also important to encourage citizens to start renovation projects by providing advice and research options, facilitating the search for contractors, helping to navigate through tenders and quotations, and providing support during the renovations. Increased technical assistance is necessary to set up and develop one-stop shops and mobilise the right expertise.














(48)


Inefficient buildings are often linked to energy poverty and social problems. Vulnerable households are particularly exposed to increasing energy prices as they spend a larger proportion of their budget on energy products. By reducing excessive energy bills, building renovation can lift people out of energy poverty and also prevent it. At the same time, building renovation does not come for free, and it is essential to ensure that the social impact of the costs for building renovation, 
in particular
 on vulnerable households, is 
limited
. The Renovation Wave should leave no one behind and be seized as an opportunity to improve the situation of vulnerable 
households and people living in social housing
, and a fair transition towards climate neutrality should be ensured. Therefore, financial incentives and other policy measures should as a priority target vulnerable households ▌and people living in social housing, and Member States should 
outline in their national building renovation plans
 measures 
to be taken
 to prevent evictions because of renovation, 
such as rental price breaks and rent caps measures
. The Commission proposal for a Council Recommendation on ensuring a fair transition towards climate neutrality provides a common framework and shared understanding of comprehensive policies and investments needed for ensuring that the transition is fair.














(48a)






Energy poverty affects women disproportionately throughout the Union and therefore Member States should dedicate the necessary support to alleviate energy poverty among women. Member States should make more effort to compile gender-disaggregated data into their national building renovation plans in order to better target policies and measures.














(49)


In order to ensure that the energy performance of buildings can be taken into account by prospective buyers or tenants early in the process, buildings or building units which are offered for sale or rent should have an energy performance certificate, and the energy performance class and indicator should be stated in all advertisements. The prospective buyer 
or
 tenant of a building or building unit should, in the energy performance certificate, be given correct information about the energy performance of the building and practical advice on improving such performance. The energy performance certificate should also provide information on its primary energy 
and final
 consumption
, on its energy needs, on its renewable energy production
 on its 
greenhouse gas
 emissions
, on its indoor environmental quality, as well as recommendations for the improvement of the energy performance and the life-cycle GWP
.














(49a)






When considering support policies for minimum energy performance standards, special attention should be given to vulnerable households, particularly to those whose security of tenure might be put at risk or those exposed to high energy costs that lack the means to renovate the building they occupy. Member States should provide safeguards at national level, such as social support mechanisms.
















(49b)






The energy transition represents an opportunity to improve access to better quality housing, provided that renovation costs are balanced as much as possible with energy savings and security of tenure is ensured. It can also help lift households out of energy and transport poverty if subsidies and public funding are made available to those with reduced access to market-price loans. Also, for public housing and rented buildings, participative models are essential for tenants to work together with the housing companies, landlords and owners associations on the scope and cost of renovations. It can help balancing costs and reinforce security of tenure. Capacity-building opportunities for local housing providers should be created for better uptake of participative models and a more coordinated approach across sectors at national, regional and local level.














(50)


The monitoring of the building stock is facilitated by the availability of data collected by digital tools, thereby reducing administrative costs. Therefore, national databases for energy performance of buildings should be set up, and the information contained therein should be transferred to the EU Building Stock Observatory.












(51)


Buildings occupied by public authorities and buildings frequently visited by the public should set an example by showing that environmental and energy considerations are being taken into account and therefore those buildings should be subject to energy certification on a regular basis. The dissemination to the public of information on energy performance should be enhanced by clearly displaying those energy performance certificates, in particular in buildings of a certain size which are occupied by public authorities or which are frequently visited by the public, such as town halls, schools, shops and shopping centres, supermarkets, restaurants, theatres, banks and hotels.














(51a)






The Commission should establish technical guidelines for the renovation of historical heritage buildings and historic centres to ensure that ecological ambitions are met and cultural heritage is safeguarded. The establishment of national renovation plans must provide for the structured and permanent consultation of the representative organisations of the subjects operating in the construction sector, including with regard to historic buildings.
















(51b)






Existing exemptions for heritage and temporary buildings should be maintained for conservation and heritage buildings while new innovative solutions are developed and tested. An exemption should also be provided for heritage buildings that are in the process of becoming officially protected as well as other buildings requiring due conservation as part of a designated environment or because of their special architectural and historic merit, if that process started before the entry into force of this Directive. Technical assistance is essential to boosting the renovation of public buildings, including financial support for replication and upscaling of pilots and demonstration projects, building on experiences developed with Horizon 2020 funding for smart cities. Member States should review their current national processes to class buildings as heritage and historic buildings to allow granting such status in a timely manner by the date of transposition of this Directive.














(52)


Recent years have seen a rise in the number of air-conditioning systems in European countries. 
That
 creates considerable problems at peak load times, increasing the cost of electricity and disrupting the energy balance. Priority should be given to strategies which enhance the thermal performance of buildings during the summer period. To that end, there should be focus on measures which avoid overheating, such as shading and sufficient thermal capacity in the building construction, and further development and application of passive cooling techniques, primarily those that improve indoor 
environment
 conditions and the micro-climate around buildings.












(53)


Regular maintenance and inspection of heating
, electrical installations, fire extinction
, 
ventilation
 and air-conditioning systems by qualified personnel contributes to maintaining their correct adjustment in accordance with the product specification and in that way ensures optimal performance from an environmental, safety and energy point of view. An independent assessment of the entire heating, 
electrical installations, fire extinction,
 ventilation and air-conditioning system should occur at regular intervals during its lifecycle in particular before its replacement or upgrading. In order to minimise the administrative burden on building owners and tenants, Member States should endeavour to combine inspections and certifications as far as possible.












(54)


A common approach to the energy performance certification of buildings, renovation passports, smart readiness indicators and the inspection of heating 
ventilation, air-conditioning systems, electrical installations
 and air-conditioning systems, carried out by qualified or certified experts, whose independence is to be guaranteed on the basis of objective criteria, contribute to a level playing field as regards efforts made in Member States to energy saving in the buildings sector and will introduce transparency for prospective owners or users with regard to energy performance in the Union property market. In order to ensure the quality of energy performance certificates, 
renovation passports, smart readiness indicators
 and of the inspection of 
the thermal characteristics of the building
 heating and air-conditioning 
and controls
 systems throughout the Union, an independent control mechanism should be established in each Member State.












(55)


Since local and regional authorities are critical for the successful implementation of this Directive, they should be consulted and involved, as and when appropriate in accordance with applicable national legislation, on planning issues, the development of programmes to provide information, training and awareness-raising, and on the implementation of this Directive at national or regional level. Such consultations may also serve to promote the provision of adequate guidance to local planners and building inspectors to carry out the necessary tasks. Furthermore, Member States should enable and encourage architects and planners to properly consider the optimal combination of improvements in energy efficiency, use of energy from renewable sources and use of district heating and cooling when planning, designing, building and renovating industrial or residential areas 
including via use of 3D based modelling and simulation technologies
. 
In addition, the public consultation on the national building renovation plans should involve other socio-economic partners socio-economic partners including trade unions and housing cooperatives, building owners, landowners and construction industry, entities working with vulnerable households and homeless people, and other civil society partners such as tenants organisations and consumer organisations and establish multi-level dialogues.














(56)


Installers and builders are critical for the successful implementation of this Directive. Therefore, an adequate number of installers and builders should, through training and other measures, have the appropriate level of competence for the installation and integration of the energy efficient and renewable energy technology required.












(57)


In order to further the aim of improving the energy performance of buildings, the power to adopt acts in accordance with Article 290 TFEU should be delegated to the Commission in respect of the adaptation to technical progress of certain parts of the general framework set out in Annex I 
by 31 December 2026,
 in respect of 
the details related to
 the establishment of a methodology framework for calculating cost-optimal levels of minimum energy performance requirements, in respect of 
the adaptation of
 the thresholds for zero-emission buildings and the calculation methodology for life-cycle 
GWP
, in respect of 
minimum indoor environmental quality standards, in respect of
 the establishment of a common European framework for renovation passports and in respect of a Union scheme for rating the smart readiness of buildings. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level, and that those consultations be conducted in accordance with the principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law-Making (25). In particular, to ensure equal participation in the preparation of delegated acts, the European Parliament and the Council receive all documents at the same time as Member States’ experts, and their experts systematically have access to meetings of Commission expert groups dealing with the preparation of delegated acts.












(58)


In order to ensure an effective implementation of the provisions laid down in this Directive, the Commission supports Member States through various tools, such as the Technical Support Instrument (26) providing tailor-made technical expertise to design and implement reforms, including those aimed at increasing the annual energy renovation rate of residential and non-residential buildings by 2030 and to foster deep energy renovations. The technical support relates to, for example, strengthening of administrative capacity, supporting policy development and implementation, and sharing of relevant best practices.












(59)


Since the objectives of this Directive, namely enhancing the energy performance of buildings and reducing the greenhouse gas emissions from buildings, cannot be sufficiently achieved by the Member States, due to the complexity of the buildings sector and the inability of the national housing markets to adequately address the challenges of energy efficiency, but can rather, by reason of the scale and the effects of the action, be better achieved at Union level, the Union may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty on European Union. In accordance with the principle of proportionality as set out in that Article, this Directive does not go beyond what is necessary in order to achieve those objectives.












(60)


The legal basis of this initiative is Article 194(2) TFEU, which empowers the Union to establish the measures necessary to achieve the objectives of the Union with regard to policy on energy. The proposal contributes to the Union’s energy policy objectives as outlined in Article 194(1) TFEU, in particular improving the energy performance of buildings and reducing their greenhouse gas emissions, which contributes to preserve and improve the environment.












(61)


In accordance with point 44 of the Interinstitutional Agreement on Better Law-Making, Member States should draw up, for themselves and in the interest of the Union, their own tables, illustrating, as far as possible, the correlation between this Directive and the transposition measures, and make them public. In accordance with the Joint Political Declaration of 28 September 2011 of Member States and the Commission on explanatory documents, Member States have undertaken to accompany, in justified cases, the notification of their transposition measures with one or more documents explaining the relationship between the components of a directive and the corresponding parts of national transposition instruments. With regard to this Directive, the legislator considers the transmission of such documents to be justified, in particular following the judgment of the European Court of Justice in Case Commission vs Belgium (case C-543/17).












(62)


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












(63)


This Directive should be without prejudice to the obligations of the Member States relating to the time-limits for the transposition into national law and the dates of application of the Directives set out in Annex VIII, Part B,





HAVE ADOPTED THIS DIRECTIVE:



Article 1

Subject matter


1.   This Directive promotes the improvement of the energy performance of buildings and the reduction of greenhouse gas emissions from buildings within the Union, with a view to achieving a zero-emission building stock by 2050, taking into account 
the
 outdoor climatic 
conditions, the
 local conditions, 
the requirements for
 indoor 
environmental quality and the contribution of the building stock to demand-side flexibility for the purpose of improving energy system efficiency
 and cost-effectiveness.


2.   This Directive lays down requirements as regards:






(a)


the common general framework for a methodology for calculating the integrated energy performance of buildings and building units;










(b)


the application of minimum requirements to the energy performance of new buildings and new building units;










(c)


the application of minimum requirements to the energy performance of:






(i)


existing buildings and building units that are subject to major renovation;










(ii)


building elements that form part of the building envelope and that have a significant impact on the energy performance of the building envelope when they are retrofitted or replaced;










(iii)


technical building systems whenever they are installed, replaced or upgraded;














(d)


the application of minimum energy performance standards to existing buildings and existing building units
, in accordance with Articles 3 and 9
;












(da)






a harmonised framework for assessing the life-cycle global warming potential;














(db)






solar energy in buildings;














(dc)






the phasing out of fossil fuel use in buildings;












(e)


renovation passports;










(f)


national building renovation plans;










(g)


sustainable mobility infrastructure in and adjacent to buildings; and










(h)


smart buildings;












(ha)






nature-based solutions that reinforce the good use and adaptation of the public space surrounding the buildings with elements such as wood materials, greens roofs and facades and solutions that are inspired and supported by nature, which can simultaneously provide environmental, social and economic benefits and help build resilience;












(i)


energy performance certification of buildings or building units;










(j)


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










(k)


independent control systems for energy performance certificates, renovation passports, smart readiness indicators and inspection reports;












(ka)






the indoor environmental quality performance of buildings.








3.   The requirements laid down in this Directive are minimum requirements and shall not prevent any Member State from maintaining or introducing more stringent measures. Such measures shall be compatible with the TFEU. They shall be notified to the Commission.



Article 2

Definitions

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






1.


‘building’ means a roofed construction having walls, for which energy is used to condition the indoor 
environment
;










2.


‘zero-emission building’ means a building with a very high energy performance, as determined in accordance with 
Annexes
 I 
and III
, 
which contributes to the optimisation of the energy system through demand-side flexibility,
 where 
any
 very low 
residual
 amount of energy still required is fully covered by energy from:








(a)






renewable sources generated or stored on-site;














(b)




renewable sources generated 
nearby off-site and delivered through the grid in accordance with Directive (EU) 2018/2001 [amended RED];














(c)




a renewable energy community within the meaning of Directive (EU) 2018/2001 [amended RED]; or












(d)






renewable energy and waste heat
 from 
an efficient
 district heating and cooling system 
within the meaning of Directive (EU) …/… [recast EED],
 in accordance with the requirements set out in Annex III;














3.


‘nearly zero-energy building’ means a building with a very high energy performance, as determined in accordance with Annex I, which cannot be lower than the 2023 cost-optimal level reported by Member States in accordance with Article 6(2) and where the nearly zero or very low amount of energy required is covered to a very significant extent by energy from renewable sources, including energy from renewable sources produced on-site or nearby;












3a.







                                       ‘worst-performing building’ means a building classified in energy performance classes E, F or G;














3b.







                                       ‘passive system’ means a design principle or a building element that maintains or improves energy performance or one or more indoor environment parameters with no assistance from an energy source;












4.


‘minimum energy performance standards’ means rules that require existing buildings to meet an energy performance requirement as part of a wide renovation plan for a building stock or at a trigger point on the market (sale or rent), in a period of time or by a specific date, 
in line with the energy efficiency first principle,
 thereby triggering renovation of existing buildings;












4a.







                                       ‘energy efficiency first’ means energy efficiency first as defined in Article 2, point (18), of Regulation (EU) 2018/1999;












5.


‘public bodies’ means 
public bodies as defined in
 Article 
2, point (10), of Directive (EU) …/… [recast EED]
;










6.


‘technical building system’ means technical equipment for space heating, space cooling, ventilation, domestic hot water, built-in lighting, building automation and control, 
electrically operated solar shading, electrical installations, electric-vehicles charging stations,
 on-site renewable energy generation and storage, or a combination thereof, including those systems using energy from renewable sources, of a building or building unit;












6a.







                                       ‘demand-side flexibility’ means the capacity of active customers to react to external signals and adjust their energy generation and consumption, individually or through aggregation, in a dynamic time-dependent way, which may be provided by smart, decentralised energy resources, including demand management, energy storage, and distributed renewable generation, to support a more reliable, sustainable and efficient energy system;














6b.







                                       ‘cooling system’ means a combination of passive and active components required to provide a form of indoor air treatment by which the temperature is lowered;














6c.







                                       ‘electrical installation’ means a system composed of fixed components, including switchboards, electrical cables, earthing systems, sockets, switches and light fittings, which have the purpose of distributing electrical power within a building to all points of use or transmit electricity generated on-site;














6d.







                                       ‘system efficiency’ means the selection of energy-efficient solutions which enable a cost-effective decarbonisation pathway, additional flexibility and the efficient use of resources;














6e.







                                       ‘ventilation system’ means a combination of components required to provide a renewal of indoor air by outdoor air;












7.


‘building automation and control system’ means a system comprising all products, software and engineering services that can support energy efficient, economical and safe operation of technical building systems through automatic controls and by facilitating the manual management of those technical building systems;










8.


‘energy performance of a building’ means the calculated or metered amount of energy needed to meet the energy demand associated with a typical use of the building, which includes, inter alia, energy used for heating, cooling, ventilation, hot water, ▌ lighting 
and technical building systems
;










9.


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












9a.







                                       ‘final energy’ means energy from renewable or non-renewable sources that has undergone a conversion or transformation process for the purpose of ensuring that it is ready for consumption and supply to end-users;














9b.







                                       ‘metered’ means measured by a relevant device, such as an energy meter, a power meter, a power metering and monitoring device, or an electricity meter;












10.


‘non-renewable primary energy factor’ means non-renewable primary energy for a given energy carrier, including the delivered energy and the calculated energy overheads of delivery to the points of use, divided by the delivered energy;










11.


‘renewable primary energy factor’ means renewable primary energy from an on-site, nearby or distant energy source that is delivered via a given energy carrier, including the delivered energy and the calculated energy overheads of delivery to the points of use, divided by the delivered energy;










12.


‘total primary energy factor’ means the weighted sum of renewable and non-renewable primary energy factors for a given energy carrier;










13.


‘energy from renewable sources’
or ‘renewable energy’
                                    
 means energy from renewable non-fossil sources 
as defined in Article 2, point (1), of Directive (EU) 2018/2001
;










14.


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










15.


‘building unit’ means a section, floor or apartment within a building which is designed or altered to be used separately;










16.


‘building element’ means a technical building system or an element of the building envelope;










17.


‘dwelling’ means 
a physical space consisting of
 a room or suite of rooms in a permanent building or a structurally separated part of a building which is designed for habitation by one private household to 
develop their basic life functions
 all year round;










18.


‘renovation passport’ means a document that provides a tailored roadmap for the 
deep
 renovation of a specific building in 
a maximum number of
 steps that will 
transform the building into a zero emission building by 2050 at the latest
;










19.


‘deep renovation’ means a renovation 
in line with the energy efficiency first principle and efforts to reduce whole life-cycle greenhouse gas emissions generated during the renovation,
 which 
focuses on essential building items, such as wall insulation, roof insulation, low floor insulation, replacement of external joinery, ventilation and heating or heating systems and treatment of thermal bridges, to ensure the necessary comfort of the occupants in summer and winter or a renovation resulting in a reduction of at least 60 % primary energy demand for worst-performing buildings for which it is technically and economically not feasible to achieve a zero-emission building standard, and which
 transforms a building or building unit:






(a)


before 1 January 
2027
, into a nearly zero-energy building;










(b)




from
1 January 
2027
, into a zero-emission building;














20.


‘staged deep renovation’ means a deep renovation carried out in 
a maximum number of
 steps, following the steps set out in a renovation passport in accordance with Article 10, 
which may include the use of energy performance contracts
;










21.


‘major renovation’ means the renovation of a building where 
either, depending on the choice of a Member State
:






(a)


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










(b)


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




▌










22.


‘operational greenhouse gas emissions’ means greenhouse gas emissions associated with energy consumption of the technical building systems during use and operation of the building;










23.


‘whole life-cycle greenhouse gas emissions’ means the combined greenhouse gas emissions associated with the building at all stages of its life-cycle
, considering the benefits from reuse and recycling at the end-of-life
, from the ‘cradle’ (the extraction of the raw materials that are used in the construction of the building) over the material production and processing, and the building’s operation stage, to the 

                                       ‘end-of-life
’ (the deconstruction of the building and reuse, recycling, other recovery and disposal of its materials);










24.


‘
life-cycle global warming potential’ or ‘life-cycle GWP
’ means an indicator which quantifies the global warming potential contributions of a building along its full life-cycle;










25.


‘split incentives’ means split incentives as defined in Article 2(52) of [recast EED];










26.


‘energy poverty’ means energy poverty as defined in Article 2(49) of [recast EED];










27.


‘vulnerable households’ means households in 
or at risk of
 energy poverty or households, including lower middle-income ones, that are particularly exposed to high energy costs and lack the means to renovate the building they occupy;










28.


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










29.


‘energy performance certificate’ means a certificate recognised by a Member State or by a legal person designated by it, which indicates the energy 
and climate
 performance of a building or building unit, calculated according to a methodology adopted in accordance with Article 4;










30.


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










31.


‘cost-optimal level’ means the energy performance level which leads to the lowest cost during the estimated economic lifecycle, 
established by applying the cost-optimal methodology
 where:






(a)


the lowest cost is determined taking into account:






(i)


the category and use of building concerned:










(ii)


energy-related investment costs based on official forecasts;










(iii)


maintenance and operating costs, including energy costs taking into account the cost of greenhouse gas allowances;










(iv)


environmental and health externalities of energy use;










(v)


earnings from energy produced on-site, where applicable;










(vi)


waste management costs, where applicable; ▌












(via)






social externalities of building renovations, construction, demolition including the modification of built areas;
















(b)


the estimated economic lifecycle is determined by each Member State and refers to the remaining estimated economic lifecycle of a building where energy performance requirements are set for the building as a whole, or to the estimated economic lifecycle of a building element where energy performance requirements are set for building elements.




The cost-optimal level shall lie within the range of performance levels where the cost benefit analysis calculated over the estimated economic lifecycle is positive;










32.


‘recharging point’ means a recharging point as defined in Article 2(41) of [AFIR];












32a.







                                       ‘pre-cabling’ means all measures that are necessary to enable the installation of recharging points, including data transmission, cable routes, spaces for transformers and electricity meters, and upgrade of the electrical board;












33.


‘micro isolated system’ means any system with consumption less than 500 GWh in the year 2022, where there is no connection with other systems;










34.


‘smart charging’ means smart charging as defined in Article 2(14l) of Directive (EU) 2018/2001 [amended RED];










35.


‘bidirectional charging’ means bidirectional charging as defined in Article 2(14n) of Directive (EU) 2018/2001 [amended RED];












35a.







                                       ‘digitally connected recharging point’ means a recharging point that can send and receive information in real time, that can communicate bidirectionally with the electricity grid and the electric vehicle, and that can be remotely monitored and controlled, including to start and stop the recharging session and to measure electricity flows;












36.


‘mortgage portfolio standards’ means mechanisms 
requiring
 mortgage lenders, 
including banks, investors, and other relevant financial institutions, such as final holders of mortgages housed in special purpose vehicles, securitisation companies and other intermediate bodies, to establish a path
 to increase the median energy performance of the portfolio of buildings covered by their mortgages 
towards 2030 and 2050, with a view
 to 
ensuring reliable, evidence-based and affordable solutions for their
 clients
, in line with
 the Union’s decarbonisation ambition 
and national building renovation plans and
 relevant energy targets in the area of energy consumption in buildings, relying on the definition of sustainable economic activities in the EU Taxonomy 
and in line with energy performance certificates and the life-cycle GWP, in accordance with this Directive;














36a.







                                       ‘pay-as-you-save financial scheme’ means a loan scheme dedicated exclusively to energy performance improvements, where the annualised repayments on the loan do not exceed the monetary equivalent of the yearly energy savings, taking into account the indexation of the energy cost and loan re-financing;














36b.







                                       ‘energy building benchmark’ means an information platform to publicly disclose energy performance and yearly consumptions of single and multi-unit buildings over time, compared to similar buildings or to modelled simulations of a reference building built to a specific standard, such as minimum energy performance standards, and using the range of energy performance classes;












37.


‘digital building logbook’ means a common repository for all relevant building data, including data related to energy performance such as energy performance certificates, renovation passports and smart readiness indicators, 
as well as on the life-cycle GWP and indoor environmental quality,
 which facilitates informed decision making and information sharing within the construction sector, among building owners and occupants, financial institutions and public authorities;










38.


‘air-conditioning system’ means a combination of the components required to provide a form of indoor air treatment, by which temperature is controlled or can be lowered;










39.


‘heating system’ means a combination of the components required to provide a form of indoor air treatment, by which the temperature is increased;










40.


‘heat generator’ means the part of a heating system that generates useful heat for uses identified in Annex I, using one or more of the following processes:






(a)


the combustion of fuels in, for example, a boiler;










(b)


the Joule effect, taking place in the heating elements of an electric resistance heating system;










(c)


capturing heat from ambient air, ventilation exhaust air, or a water or ground heat source using a heat pump;
















40a.







                                       ‘heat pump’ means a machine, a device or an installation that transfers heat from a source such as the air, water or the ground, to sinks such as buildings or industrial applications, for the purpose of providing heating, cooling or domestic hot water;












41.


‘energy performance contracting’ means energy performance contracting as defined in Article 2, point (29), of Directive (EU) …/… [recast Energy Efficiency Directive]










42.


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










43


‘effective rated output’ means the maximum calorific output, expressed in kW, specified and guaranteed by the manufacturer as being deliverable during continuous operation while complying with the useful efficiency indicated by the manufacturer;










44.


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












44a.







                                       ‘integrated district’ means a district selected on the basis of an analysis of building stock, taking into account the area-specific potentials for energy efficiency measures by means of clear and measurable objectives and that develops renovation road map templates for similar building types, following an adequate analysis of local conditions, with the aim of a rapid, resource-efficient and mutually coordinated transformation of buildings, as well as other aspects, such as the social structure, the economic and environmental conditions and the energy supply infrastructure of buildings;












45.


‘useful floor area’ means the area of the floor of a building needed as parameter to quantify specific conditions of use that are expressed per unit of floor area and for the application of the simplifications and the zoning and (re-)allocation rules
, taking into account national, European and international standards
;












45a.







                                       ‘waste heat’ means unavoidable heat generated as by-product in industrial or power generation installations, or in the tertiary sector, which would be dissipated unused in air or water without access to a district heating or cooling system, where a cogeneration process has been used or will be used or where cogeneration is not feasible;












46.


‘reference floor area’ means the floor area used as reference size for the assessment of the energy performance of a building, calculated as the sum of the useful floor areas of the spaces within the building envelope specified for the energy performance assessment;










47.


‘assessment boundary’ means the boundary where the delivered and exported energy are measured or calculated;










48.


‘on-site’ means the premises and the land on which the building is located and the building itself;










49.


‘energy from renewable sources produced nearby’ means energy from renewable sources produced within a local or district level perimeter of the building assessed, which fulfils all the following conditions:






(a)


it can only be distributed and used within that local and district level perimeter through a dedicated distribution network;










(b)


it allows for the calculation of a specific primary energy factor valid only for the energy from renewable sources produced within that local or district level perimeter; and










(c)


it can be used on-site of the building assessed through a dedicated connection to the energy production source, that dedicated connection requiring specific equipment for the safe supply and metering of energy for self-use of the building assessed;














50.


‘energy performance of buildings (EPB) services’ means the services, such as heating, cooling, ventilation, domestic hot water and lighting and others for which the energy use is taken into account in the energy performance of buildings;










51.


‘energy needs’ means the energy to be delivered to, or extracted from, a conditioned space to maintain the intended space conditions during a given period of time
, taking into account transmission and ventilation losses and solar and internal gains in accordance with EN standards,
 disregarding any technical building system inefficiencies;










52.


‘energy use’ means energy input to a technical building system providing a EPB-service intended to satisfy an energy need;










53.


‘self-used’ means part of on-site or nearby produced renewable energy used 
simultaneously
 by on-site technical systems for EPB services;










54.


‘other on-site uses’ means energy used on-site for uses other than EPB services, and may include appliances, miscellaneous and ancillary loads, 
domestic batteries energy storage systems
 or electro-mobility charging points;










55.


‘calculation interval’ means the discrete time interval used for the calculation of the energy performance;










56.


‘delivered energy’ means energy, expressed per energy carrier, supplied to the technical building systems through the assessment boundary, to satisfy the uses taken into account or to produce the exported energy;










57.


‘exported energy’ means, expressed per energy carrier and per primary energy factor, the proportion of the renewable energy that is exported to the energy grid instead of being used on site for self-use or for other on-site uses;












57a.







                                       ‘secondary material’ means material recovered from previous use or from waste which substitutes primary materials as defined in the construction framework standard EN 15643;














57b.







                                       ‘bicycle parking space’ means a designated space for at least one bicycle, which provides secure and easy storage for a variety of bicycle types and which may be lit and protected from the weather;














57c.







                                       ‘physically adjacent’ means a car park which is intended for the use of residents, visitors, or workers of a building, which is located within the property area of the building or which is in the direct vicinity of the building;














57d.







                                       ‘circularity’ means the reduction of the need for extraction of virgin materials through the reduction of demand for new materials, through repair, reuse, repurposing, and recycling of used materials and through the extension of the lifetime of products and buildings;














57e.







                                       ‘sufficiency’ means the minimisation of demand for energy, materials, land, water, and other natural resources over the lifecycle of buildings and goods;














57f.







                                       ‘bill of materials’ means a record of the type, source and quantity of construction products and materials that are used to construct or renovate a building, which affect its thermal performance and technical system efficiency in accordance with Annex I, as well as its fire performance and indoor environmental quality;














57g.







                                       ‘indoor environmental quality’ means a set of parameters relating to a building, including indoor air quality, thermal comfort, lighting, and acoustic affecting the health and wellbeing of its occupants;














57h.







                                       ‘healthy indoor climate’ means the indoor environment of a building, which optimises the health, comfort and well-being of occupants in line with specific performance levels, including those related to daylight, indoor air quality and thermal comfort, such as mitigating overheating and enhancing acoustic quality.








Article 3

National building renovation plan


1.   Each Member State shall establish a national building renovation plan to ensure the renovation of the national stock of residential and non-residential buildings, both public and private, into a highly energy efficient and decarbonised building stock by 2050, with the objective to transform existing buildings into zero-emission buildings.
Each building renovation plan 
shall comply with the energy efficiency first principle and
 shall encompass:






(a)


an overview of the national building stock for different building types, 
including their share in the building stock, in particular of buildings categorised as officially protected as part of a designated environment or because of their special architectural or historical merit,
 construction periods and climatic zones 
of each Member State
, based, as appropriate, on statistical sampling
, energy and life-cycle GWP benchmarking
 and the national database for energy performance certificates pursuant to Article 19, an overview of market barriers and market failures, 
the share of vulnerable households
 and an overview of the capacities in the construction, energy efficiency and renewable energy sectors
, as well as the availability of one-stop shops established pursuant to Article 15a of this Directive and to Article 21(2a) of Directive (EU) …/… [Recast EED]
;












(aa)






an overview of implemented and planned policies, including those pursuant to the Pact for Skills set out in the communication of the Commission of 1 July 2020 entitled ‘European Skills Agenda for sustainable competitiveness, social fairness and resilience’, to increase the availability of qualified professionals in the construction, efficiency, and renewable energy sectors, investments in the development of the required skills, including upskilling or reskilling and targeted training and education programmes, for both public and private stake holders, on the basis of a quantitative and qualitative assessment using key performance indicators as set out in Annex II, to meet the targets, in accordance with this Directive and the resulting market needs for skilled professionals in the construction and renovation sector;












(b)


a roadmap with nationally established targets and measurable progress indicators, 
and specific timelines for all existing buildings to achieve higher energy performance classes by 2030, 2040 and 2050
, with a view to the 2050 climate neutrality goal, in order to ensure a highly energy efficient and decarbonised national building stock and the transformation of existing buildings into zero-emission buildings by 2050;










(c)


an overview of implemented and planned policies and measures 
including their duration in consistency with
 the implementation of the roadmap pursuant to point (b) 
of this subparagraph, including those set out in the integrated national energy and climate plans notified to the Commission pursuant to Article 3 of Regulation (EU) 2018/1999, with a particular focus on vulnerable households and people living in social housing
;










(d)




a detailed roadmap up to 2050
 of the investment needs for the implementation of the building renovation plan, 
public and private
 financing sources and measures, and the administrative resources for building renovation, 
including those set out in national energy and climate plans notified to the Commission pursuant to Article 3 of Regulation (EU) 2018/1999;














(da)






a roadmap on the reduction of energy poverty and energy savings achieved among vulnerable households and people living in social housing comprising of nationally established targets and an overview of implemented and planned policies and funding measures supporting the elimination of energy poverty.










1a.
   The roadmap referred to in 
paragraph 1, second subparagraph,
 point (b), shall include:








(a)




national targets 
and whole life-cycle emissions
 for 
different building typologies to be set following the global stock-taking exercise, for the years 2025,
 2030, 
2035,
 2040
, in accordance with the ratchet mechanism set out in the Paris Agreement and a 1,5-degree compliant
 2050 
whole life-cycle performance roadmap, as well as indicative national targets aiming to achieve the deep renovation of at least 35 million building units by 2030 to support reaching an
 annual energy renovation rate 
of 3 % or more for the period till 2050;














(b)






the estimated availability of construction materials
, 
renovation materials, including prefabricated building elements, such as those with insulation, building integrated solar photovoltaics, materials with recycled contents, secondary building materials, and, if any, local sustainable materials, as well as national targets for the circular use of materials, recycled contents and secondary materials in accordance with Regulation (EU) No 305/2011
 (27)

, and sufficiency for every five-year period;














(c)




the primary and final energy consumption of the national building stock and its operational greenhouse gas emission reductions;












(d)




specific timelines for buildings to achieve higher energy performance classes than those pursuant to Article 9(1), by 
2030 and every five years thereafter
, in line with the pathway for transforming the national building stock into zero-emission buildings;












(e)






an overview of the cost effective potential, availability and expected production and consumption of renewable energy used for heating and cooling in buildings, disagreggated bytechnology and fuels;














(f)






national targets on the construction and refurbishment of district level heating and cooling systems in accordance with the comprehensive heating and cooling assessment referred to in Article 23 of Directive (EU) …/… [recast Energy Efficiency Directive];














(g)






a pathway with numerical targets for the deployment of solar energy and heat pumps in buildings in accordance with Article 9a;














(h)






national phase-out plans for fossil fuel use in buildings with a view to a planned phase out by 2035 and if not feasible as demonstrated to the Commission, by 2040 at the latest;














(i)




an evidence-based estimate of expected energy savings
, greenhouse gas emission reductions,
 and wider benefits, 
including indoor environmental quality, which may be based on an integrated district approach
;












(j)




estimations for the contribution of the building renovation plan to achieving the Member State's binding national target for greenhouse gas emissions pursuant to Regulation (EU)…/… [revised Effort Sharing Regulation], the Union’s energy efficiency targets in accordance with Directive (EU) …/…. [recast EED], the Union’s renewable energy targets, including the ▌target for the share of energy from renewable sources in the building sector in accordance with Directive (EU) 2018/2001 [amended RED], and the Union’s 2030 climate target and 2050 climate neutrality goal in accordance with Regulation (EU) 2021/1119;






2.   Every five years, each Member State shall prepare and submit to the Commission a draft of its building renovation plan, using the template in Annex II. Each Member State shall submit its draft building renovation plan 
together with
 its draft integrated national energy and climate plan referred to in Article 9 of Regulation (EU) 2018/1999 and 
its comprehensive heating and cooling assessment pursuant to Article 23 of Directive (EU)…/…[recast EED], and
, where the Member States submits a draft update, its draft update referred to in Article 14 of ▌ Regulation 
(EU) 2018/1999
. By way of derogation from Article 9(1) and Article 14(1) of that Regulation, Member States shall submit the first draft building renovation plan to the Commission by 30 June 2024, 
and subject to the separate consultation provided for in paragraph 3 of this Article
.


3.   To support the development of its building renovation plan, each Member State 
shall involve regional and local authorities in drafting the building renovation plan to facilitate the inclusion of local actions plans or investments and they
 shall carry out a public consultation on its draft building renovation plan prior to submitting it to the Commission. The public consultation shall involve in particular local and regional authorities and other socio-economic partners including civil society and bodies working with vulnerable households
. The public consultation shall cover ex-ante and ex-post evaluations of the building renovation plan and include options about the design of the public policies, programmes, incentives, as well as social safeguards, which may include those referred to in Article 15, to ensure the accessibility, convenience and affordability of the renovation solutions
. Each Member State shall annex a summary of the results of its public consultation to its draft building renovation plan. 
Each Member State shall take due account of the stakeholders’ views expressed in the ex-ante and ex-post evaluations and explain how these were reflected in its final building renovation plan.




4.   The Commission shall assess the national draft building renovation plans, in particular whether:






(a)


the level of ambition of the nationally established targets is sufficient and in line with the national commitments on climate and energy laid down in the national integrated energy and climate plans;










(b)


the policies and measures are sufficient to achieve the nationally established targets;










(c)


the allocation of budgetary and administrative resources is sufficient for the implementation of the plan;












(ca)






the conditions for the functioning renovation financing schemes are adequate for the achievement of the national energy poverty mitigation target and for the successful inclusion of energy poor consumers and vulnerable households;














(cb)






the plan takes into account the objectives of Directive 2008/50/EC
 (28)

and ensures consistency with applicable legislation and the protection of the environment and human health;














(cc)






the plan prioritises worst-performing buildings used for residential purposes;












(d)


the public consultation pursuant to paragraph 3 has been sufficiently inclusive; ▌










(e)


the 
plan complies
 with the requirements of paragraph 1 and the template in Annex II;












(ea)






national and local authorities need the technical assistance to facilitate the implementation of these plans;














(eb)






the plan provides for sufficient skilled workers and effective skilling and training initiatives.






After consulting the Committee established by Article 30, the Commission may issue country-specific recommendations to Member States in accordance with Article 9(2) and Article 34 of Regulation (EU) 2018/1999.
With regard to the first draft building renovation plan, the Commission may issue country-specific recommendations to Member States no later than six months after the Member State has submitted that plan.


5.   
At each revision
, Member State shall take due account of any recommendations from the Commission in its final building renovation plan. If the Member State concerned does not address a recommendation or a substantial part thereof, it shall provide a justification to the Commission and make public its reasons.


6.   Every five years, each Member State shall submit its building renovation plan to the Commission, using the template in Annex II. Each Member State shall submit its building renovation plan 
together with
 its integrated national energy and climate plan referred to in Article 3 of Regulation (EU) 2018/1999 and, where the Member States submits an update, its update referred to in Article 14 of that Regulation. By way of derogation from Article 3(1) and Article 14(2) of that Regulation, Member States shall submit the first 
draft
 building renovation plan to the Commission by 30 June 
2024


and final building renovation plans by


30 June
 2025.


7   Each Member State shall annex the details of the implementation of its most recent long-term renovation strategy or building renovation plan to its ▌ final building renovation plan. Each Member State shall state whether its national targets have been achieved.


8.   Each Member State shall include in its integrated national energy and climate progress reports, in accordance with Articles 17 and 21 of Regulation (EU) 2018/1999, information on the implementation of the national targets referred to in paragraph 1, point (b) of this Article and the contribution of the building renovation plan to achieving the Member State's binding national target for greenhouse gas emissions pursuant to Regulation (EU)…/… [revised Effort Sharing Regulation], the Union’s energy efficiency targets in accordance with Directive (EU)…/… [recast EED], the Union’s renewable energy targets, including the indicative target for the share of energy from renewable sources in the building sector in accordance with Directive (EU) 2018/2001 [amended RED], and the Union’s 2030 climate target and 2050 climate neutrality goal in accordance with Regulation (EU) 2021/1119.





Article 3a





An integrated district approach to building renovation






1.
   
Member States may empower regional and local authorities to identify integrated districts in order to roll-out integrated renovation programmes (IRPs) at district level. The IRPs shall address social pattern, energy, mobility, green infrastructures, waste and water treatment, and management and other aspects of urban planning to be considered at a district level, and shall take into account local and regional resources, circularity and sufficiency.






2.
   
The IRPs shall take into account the comprehensive heating and cooling assessments referred to in Article 14(1) of Directive 2012/27/EU, the refurbishment or construction of efficient heating and cooling systems as referred to in Article 24 of Directive (EU) …/… [recast EED], and the required infrastructure, as well as installations and infrastructures of renewable energy communities. Member States shall consider at a district level the optimisation of the energy system in accordance with the energy efficiency first principle, while promoting demand-side flexibility.






3.
   
Member States shall implement local level integrated mobility plans and sustainable urban mobility plans that are aligned with IRPs and encompass public transport planning and deployment with other means of active and shared mobility, as well as the related infrastructure for operating, recharging, storing and parking.






4.
   
One-stop shops established pursuant to Articles 15a may inform decisions regarding the design of IRPs with a view to revitalising, targeting and supporting communities.





Article 4

Adoption of a methodology for calculating the energy performance of buildings

Member States shall apply a methodology for calculating the energy performance of buildings in accordance with the common general framework set out in Annex I. That methodology shall be adopted at national or regional level.


Article 5

Setting of minimum energy performance requirements


1.   Member States shall take the necessary measures to ensure that minimum energy performance requirements for buildings or building units are set with a view to at least achieving cost-optimal levels 
and higher reference values such as nearly zero-energy building requirements and zero-emission buildings requirements
. The energy performance shall be calculated in accordance with the methodology referred to in Article 4. Cost-optimal levels shall be calculated in accordance with the comparative methodology framework referred to in Article 6.
Member States shall take the necessary measures to ensure that minimum energy performance requirements 
and renovation obligations
 are set for 
all
 building elements that ▌ have a significant impact on the energy performance of the building ▌ when they are replaced or retrofitted, with a view to achieving at least cost-optimal levels 
and higher reference values, such as nearly zero-energy building requirements and zero-emission building requirements
. 
The energy performance of building elements shall be calculated in accordance with the methodology referred to in Article 4.


When setting requirements, Member States may differentiate between new and existing buildings and between different categories of buildings.
Those requirements shall take account of 
healthy
 indoor climate conditions 
based on optimal indoor environmental quality
 as well as local conditions and the designated function and the age of the building.
Member States shall review their minimum energy performance requirements at regular intervals which shall not be longer than five years and shall, if necessary update them in order to reflect technical progress in the building sector, the results of the cost-optimal calculation set out in Article 6, and updated national energy and climate targets and policies.




1a.
   
Member States may adopt an intermediate minimum energy performance requirement, including the achievement of a minimum building envelope efficiency level, the maximum energy use per kWh/ m2/y, the readiness to operate low temperature heating, heat pumps or flexible electric space heating, and minimum demand response capacity.




2.   Member States may decide 
not to set or not to apply
 the requirements referred to in paragraph 1 to 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. 
Member States shall ensure that the renovation of monuments is carried out in accordance with national conservation rules, international conservation standards and the original architecture of the monuments concerned. [Am. 6]



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






(a)


buildings used as places of worship and for religious activities;










(b)


temporary buildings with a time of use of two years or less, industrial sites, workshops
, depots
 and non-residential 
service
 buildings with 
very
 low energy 
and heating or cooling
 demand
, infrastructural supply stations, such as transformer stations, substations, pressure control plants, railway constructions, as well as
 non-residential agricultural buildings which are in use by a sector covered by a national sectoral agreement on energy performance;










(c)


residential buildings which are used or intended to be used for either less than four months of the year or, alternatively, for a limited annual time of use and with an expected energy consumption of less than 25 % of what would be the result of all-year use;










(d)


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







Article 6

Calculation of cost-optimal levels of minimum energy performance requirements


1.   The Commission is empowered to adopt delegated acts in accordance with Article 29 
supplementing this Directive by establishing
 a comparative methodology framework for calculating cost-optimal levels of minimum energy performance requirements for buildings and building elements. By 30 June 
2024
, the Commission shall revise the comparative methodology framework for calculating cost-optimal levels of minimum energy performance requirements in existing buildings undergoing major renovation and for individual building elements 
which are in line with the national pathways set out in the national energy and climate plans submitted to the Commission pursuant to Article 14 of Regulation (EU) 2018/1999
.
The comparative methodology framework shall be laid down in accordance with Annex VII and shall differentiate between new and existing buildings and between different categories of buildings.


2.   Member States shall calculate cost-optimal levels of minimum energy performance requirements using the comparative methodology framework established in accordance with paragraph 1
, taking into account the life-cycle GWP,
 and relevant parameters, such as climatic conditions and the practical accessibility of energy infrastructure, and compare the results of that calculation with the minimum energy performance requirements in force
▌




2a.
   
In every report, Member States shall duly take into account in particular the influence of changes in energy prices, building materials and labour costs in comparison to the preceding report, with a view of adjusting the cost-optimal levels, where relevant. Member States shall correct their calculations for any difference between real market prices and temporary price regulations and direct income support measures and ensure using three-year averages for both energy prices from previous years and expected future prices in their calculations.




3.   If the result of the comparison performed in accordance with paragraph 2 shows that the minimum energy performance requirements in force are more than 15 % less energy efficient than cost-optimal levels of minimum energy performance requirements, the Member State concerned shall 
adjust the minimum
 energy performance requirements 
in place within 12 months of the availability of the results of that comparison
.


4.   The Commission shall publish a report on the progress of the Member States in reaching cost-optimal levels of minimum energy performance requirements. 
Member States shall report to the Commission and make use of the template provided in Annex III to the Commission Delegated Regulation (EU) No 244/2012
 (29).



Article 7

New buildings


1.   Member States shall ensure that from the following dates, new buildings are zero-emission buildings in accordance with Annex III:






(a)




from
1 January 
2026
, new buildings occupied, 
operated
 or owned by public authorities; and










(b)




from
1 January 
2028
, all new buildings;




Until the application of the requirements under the first subparagraph, Member States shall ensure that all new buildings are at least nearly zero-energy buildings and meet the minimum energy performance requirements laid down in accordance with Article 5.


2.   Member States shall ensure that the life-cycle 
GWP
 is calculated in accordance with Annex III and disclosed through the energy performance certificate of the building ▌ as of 1 January 
2027
, for all new builings.




2a.
   
By 31 December 2025 the Commission shall adopt a delegated act in accordance with Article 29 to supplement this Directive by setting out a harmonised EU framework for the calculation of life-cycle GWP, developed in an inclusive stakeholder process and building on the LEVELs framework and standard EN 15978.






2b.
   
By 1 January 2027, to ensure reductions in greenhouse gas emissions, Member States shall publish a roadmap detailing the introduction of limit values on the total cumulative life-cycle GWP of all new buildings and set targets for new buildings from 2030, considering a progressive downward trend, as well as maximum requirements, detailed for different climatic zones and building typologies.




In setting maximum limit values on the total cumulative life-cycle GWP, Member States shall determine appropriate benchmarks based on reported data for the relevant building types, as per the requirements set out in paragraph 2.




The Commission shall issue guidance, share evidence on existing national policies and offer technical support to Member States, at their request, for the purpose of determining appropriate national benchmark values.




Those maximum limit values shall be in line with the Union’s objectives to achieve climate neutrality.




3.   The Commission is empowered to adopt delegated acts in accordance with Article 29 to supplement this Directive in order to adapt Annex III to technological progress and innovation 
with a view to achieve climate neutrality
, to set adapted maximum energy performance thresholds in Annex III to renovated buildings and to 
subsequently decrease considering cost optimality,
 the maximum energy performance thresholds for zero-emission buildings.


4.   
By … [24 months after the date of entry into force of this Directive],
 Member States shall 
ensure that
 new buildings 
have optimal
 indoor 
environmental quality levels, including air quality, thermal comfort, a high capacity to mitigate and adapt
 to climate change 
through, inter alia, green infrastructure, adhere to
 fire safety 
and safety lighting standards, mitigate
 risks related to intense seismic activity and 
prioritise
 accessibility for persons with disabilities. Member States shall also address carbon removals associated to carbon storage in or on buildings.




4a.
   
Member States shall introduce measures to ensure that the use of fossil fuel heating systems in new buildings is not authorised from… [date of transposition of this Directive]. Hybrid heating systems, boilers certified to run on renewable fuels and other technical building systems not exclusively using fossil fuels that comply with the requirements set out in Article 11(1) shall not be considered to be fossil heating systems for the purposes of this paragraph.






4b.
   
By 1 January 2025, the Commission shall adopt a delegated act to supplement this Directive by setting out thresholds for newly constructed zero emission buildings for the purpose of Annex III of this Directive, including a description of the calculation methodology per building type and applied climate on the basis of Annex A of the key European standards on the energy performance of buildings in accordance with Annex I of this Directive. Member States shall notify the Commission about their corresponding national values, including a description of the calculation methodology per building type and applied climate, on the basis of Annex A of the key European standards on the energy performance of buildings in accordance with Annex I of this Directive.







Article 7a





New European Bauhaus






1.
   
Member States shall ensure that developers of building renovation projects are provided with information about the objectives and involvement opportunities in the New European Bauhaus initiative, when they seek advice, apply for funding and building permits.






2.
   
Member States shall empower local authorities to develop dedicated support measures for reference buildings as referred to in Annex VII that are culturally enriching, sustainable and inclusive in line with the New European Bauhaus initiative. Such measures may encompass financial schemes for renovations showcasing how individual buildings or whole neighbourhoods can be transformed into zero emission buildings and districts in an affordable, sustainable and socially inclusive way, while maximising wider benefits, in a participatory and bottom-up approach.






3.
   
Member States shall put in place national industrial roadmaps to increase the availability for of locally adaptable prefabricated building elements for building renovation that provide different functions, including aesthetics, insulation energy generation, and green infrastructures, and promote biodiversity, water management, accessibility and mobility.





Article 8

Existing buildings


1.   Member States shall take the necessary measures to ensure that when buildings undergo major renovation, the energy performance of the building or the renovated part thereof is upgraded in order to meet minimum energy performance requirements set in accordance with Article 5, in so far as that is technically, functionally and economically feasible.
Those requirements shall be applied to the renovated building or building unit as a whole. Additionally or alternatively, requirements may be applied to the renovated building elements.


2.   Member States shall in addition take the necessary measures to ensure that when a building element that forms part of the building envelope and has a significant impact on the energy performance of the building envelope, is retrofitted or replaced, the energy performance of the building element meets minimum energy performance requirements in so far as that is technically, functionally and economically feasible.




2a.
   
Member States shall take the necessary measures to ensure that when a technical building system is retrofitted or replaced, the energy performance of the system is optimised in accordance with Article 11.






2b.
   
Member States shall ensure that the life-cycle GWP of building parts and units undergoing major renovation is calculated on the basis of already available information on the materials supplied, or, if that is not technically or economically feasible, by means of reference values.




3.   Member States shall 
ensure
, in relation to buildings undergoing major renovation, 
that the deployment of
 high-efficiency alternative systems 
is encouraged
, in so far as that is technically, functionally and economically feasible. Member States shall 
ensure
 in relation to buildings undergoing major renovation the 
implementation
 of 
passive heating and cooling elements,
 healthy indoor 
environmental quality standards, a high capacity to mitigate and adapt
 to climate change 
through inter alia green infrastructures, carbon removals and carbon storage, compliance with
 fire safety 
standards, the mitigation of
 risks related to intense seismic activity and the removal of hazardous substances including asbestos
. Member States shall ensure
, 
in relation to buildings undergoing major renovation, and buildings undergoing renovations comprising spaces used jointly used spaces such as entries, staircases, lifts and parking, as well as sanitary areas
, the accessibility for persons with disabilities.




3a.
   
Member States shall encourage the use of digital technologies for analysis, simulation and management of buildings, including with regard to deep renovations.






3b.
   
Member States shall introduce measures to ensure that the use of fossil fuel heating systems in buildings undergoing major renovation, deep renovation or renovation of the heating system is not authorised from …[date of transposition of this Directive]. Hybrid heating systems, boilers certified to run on renewable fuels and other technical building systems not exclusively using fossil fuels that comply with the requirements set out in Article 11(1) shall not be considered to be fossil heating systems for the purposes of this paragraph.




Member States shall ensure that renovations involving the replacement of fossil fuel based technical building systems prioritise vulnerable households and people living in social housing.






3c.
   
By 1 January 2027, Member States shall take special administrative and financial measures to encourage the deep renovation of worst-performing buildings with multiple dwellings.





Article 9

Minimum energy performance standards


1.   Member States shall ensure that 
all buildings comply with minimum energy performance standards, starting with the worst-performing buildings
.




1a.
   
                           
Member States shall ensure that:








(a)


buildings and building units owned by public bodies, 
including Union institutions, offices, bodies and agencies and those rented by such bodies after… [the date of entry into force of this Directive]
, achieve at the latest:






(i)




from
1 January 2027, at least energy performance class 
E
; and [Am. 20cp1]











(ii)




from
1 January 2030, at least energy performance class 
D
;














(b)


non-residential buildings and building units other than those 
referred to in point (a)
 achieve at the latest:






(i)




from
1 January 2027, at least energy performance class 
E
; and










(ii)




from
1 January 2030, at least energy performance class 
D
;














(c)


residential buildings and building units achieve at the latest:






(i)




from
1 January 2030, at least energy performance class 
E
; and










(ii)




from
1 January 2033 at least energy performance class 
D.










In their roadmap referred to in Article 3(1)(b), Member States shall establish 
linear trajectory
 for the 
progressive achievement of higher energy performance classes for
 buildings referred to in this paragraph ▌by 2040 and 2050, in line with the pathway for transforming the national building stock into zero-emission buildings 
and achieving the climate neutrality target
.




1b.
   
Member States may exempt publicly owned social housing from the obligation referred to in paragraph 1a, point (a),where such renovations are not cost neutral or would lead to rent increases for people living in social housing beyond the economic savings on the energy bill. [Am. 35]





1c.
   
The Commission may decide, upon a reasoned request by a Member State included in the national building renovation plan or a subsequent amendment thereto, to allow that a Member State adjust minimum energy performance standards for residential buildings and building units referred to in paragraph 1a, point (c) for specific parts or particular sub-segments of their building stock, for reasons of economic and technical feasibility and the availability of skilled workforce. Member States that intend to adjust their minimum energy performance standards shall notify the Commission of their projected measures and linear energy performance improvements, and report on the progress in achieving equivalent performance improvements in residential buildings as part of the reporting on the integrated national energy and climate progress reports referred to in Article 3(8). Member States shall not disproportionately exempt rental dwellings compared to other building segments when applying any adjustments of the minimum energy performance standards. [Am. 36]





1d.
   
The adjustment of minimum energy performance standards referred to in paragraphs 1b and 1c shall apply to a maximum of 22 % of the total residential buildings referred to in paragraph 1a, point (c) and shall not apply after 1 January 2037. [Am. 37]



2.   In addition to the minimum energy performance standards established pursuant to paragraph 1, each Member State 
shall
 establish minimum energy performance standards for the renovation of all other existing buildings.
▌ The minimum energy performance standards shall be designed with a view to the national roadmap and the ▌ 2040 and 2050 targets contained in the Member State’s building renovation plan and to the transformation of the national building stock into zero-emission buildings by 2050.


3.   In accordance with Article 15, Member States shall support compliance with minimum energy performance standards by all the following measures:






(a)


providing appropriate financial measures, 
including grants
, in particular those targeting vulnerable households, 
middle-income households and
 people ▌ living in social housing, in line with Article 22 of Directive (EU)…/…. [recast EED];










(b)


providing technical assistance, including 
information services, administrative support and integrated renovation services
 through one-stop-shops 
with a particular focus on vulnerable households and people living in social housing, in accordance with Article 22 of Directive (EU)…/…. [recast EED]
; [Am. 39]











(c)


designing integrated 
public and private
 financing schemes, 
which provide incentives for deep and staged deep renovations, pursuant to Article 15; [Am. 40]











(d)


removing non-economic barriers, including split incentives; 
▌












(e)


monitoring social impacts, in particular on the most vulnerable 
households; [Am. 42]













(ea)






setting the framework to ensure that there is a sufficient and qualified workforce to enable the timely implementation of the minimum energy performance standards in accordance with the national building renovation plans, including by means of a strategy to facilitate the professional education of young people and requalification of workers and creation of more attractive employment opportunities. [Am. 41]







4.   Where a building is renovated in order to comply with a minimum energy performance standard, Member States shall ensure compliance with the minimum energy performance requirements for building elements pursuant to Article 5 and, in 
the
 case of major renovation, with the minimum energy performance requirements for existing buildings pursuant to Article




4a.
   
Member States shall promote energy storage for renewable energy to enable renewable energy self-consumption and reduce volatility as well as promote and provide incentives for the cost-effective and early replacement of heaters, and any needed resulting optimisation of the related technical building systems. [Am. 43]



5.   Member States may decide not to apply the minimum energy performance standards referred to in paragraphs 1 and 2 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 
requiring due conservation
, 
or other heritage buildings,
 in so far as compliance with the standards would unacceptably alter their character or appearance
, or if their renovation is not technically or economically feasible
; [Am. 29/rev]











(b)


buildings used as places of worship and for religious activities;










(c)


temporary buildings with a time of use of two years or less, industrial sites, workshops
, depots
 and non-residential 
infrastructural supply stations, such as transformer stations, substations, pressure control plants, railway constructions, as well as service
 buildings with 
very
 low energy 
and heating or cooling
 demand and non-residential agricultural buildings which are used by a sector covered by a national sectoral agreement on energy performance; [Am. 44]











(d)


residential buildings which are used or intended to be used for either less than four months of the year or, alternatively, for a limited annual time of use and with an expected energy consumption of less than 25 % of what would be the result of all-year use;










(e)


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






6.   Member States shall take the measures necessary to ensure the implementation of minimum energy performance standards referred to in paragraphs 1 and 2, including appropriate monitoring mechanisms
. Member States shall provide appropriate financial support frameworks and social safeguards in accordance with Article 15 to comply with minimum energy performance standards.




The measures of the financial support framework shall be sufficient, effective, transparent and non-discriminatory, shall support the execution of the substantial improvements in the energy performance of buildings where an improvement is not otherwise economically feasible and shall include targeted measures to support vulnerable households. The measures may include the establishment of an energy performance renovation fund, to act as a leverage for increasing private and public investments for projects improving energy performance of buildings, including energy efficiency and renewable energy in buildings or building components.




Where appropriate, the Commission shall, as part of the Multiannual Financial Framework for 2028-2034, put forward legislative proposals to strengthen existing and propose additional Union financial instruments to support the implementation of this Directive. [Am. 22cp2]





6a.
   
By 31 December 2027, and every two years thereafter, the Commission shall submit a report to the European Parliament and to the Council on the progress towards the improvement of energy efficiency and energy performance of buildings. The report shall in particular monitor and evaluate the effectiveness of existing financial measures and present additional tools to facilitate a just transition, including adequate financial means, at Union, Member State or local level to ensure a just transition and to mitigate any negative socioeconomic impacts, in particular in the regions and the communities most affected. [Am. 54]






Article 9a





Solar Energy in buildings






1.
   
By … [24 months after the date of entry into force of this Directive], Member States shall ensure that all new buildings are designed to optimise their solar energy generation potential on the basis of the solar irradiance of the site, enabling the subsequent cost-effective installation of solar technologies.






2.
   
Member States shall encourage, through information measures and streamlined permitting schemes, the deployment of suitable solar energy installations in all buildings undergoing major renovation or deep renovation in combination with the renovation of the building envelope, with the replacement of technical building systems and with the installation of equipment with electricity storage, EV-charging infrastructure, heat pump technology, and building automation and control systems.






3.
   
                           
Member States shall ensure the deployment of suitable solar energy installations, if technically suitable and economically and functionally feasible, as follows:










(a)






by … [24 months after the date of entry into force of this Directive], on all new public and new non-residential buildings;














(b)






by 31 December 2026, on all existing public and non-residential buildings;














(c)






by 31 December 2028, on all new residential buildings and roofed carparks;














(d)






by 31 December 2032, on all buildings undergoing major renovation.










4.
   
Member States shall establish and make publicly available criteria at national level for the practical implementation of the deadlines set out in paragraph 3 and for possible exemptions for specific types of buildings, in accordance with the assessed technical and economic potential of the solar energy installations and the characteristics of the buildings covered by those obligations.






5.
   
The deployment of suitable solar energy installations on all new residential buildings and roofed carparks and on all buildings undergoing major renovation as set out in paragraph 3, points (c) and (d) shall be combined with attic and roof insulation where appropriate, taking into account the functioning of the building. The deployment of suitable solar energy installations as set out in paragraph 3 shall be combined with the permit-granting process for the installation of solar energy equipment in artificial structures laid down in Article 16c of Directive (EU) 2018/2001 (amended RED as proposed by COM(2022)0222). For solar installations below 50 kW, Member States shall allow a simple-notification procedure as provided for in Article 17 of Directive (EU) 2018/2001.






6.
   
Member States shall establish a pathway with numerical targets for their national contribution to the deployment of solar energy and heat pumps in buildings in their national building renovation plans.






7.
   
Member States shall ensure that their regulatory frameworks provide the necessary administrative, technical and financial capacities and incentives for the deployment of solar energy in buildings, including in combination with technical building systems such as domestic batteries, heat pumps for self-consumption, or large-scale heat pumps distributing heat through district heating systems. Member States shall ensure an equal regulatory playing field for all solar and heating technologies.






8.
   
Member States shall ensure that representatives of national regulatory authorities, distribution system operators, renewable energy communities, consumer organisations storage providers and other stakeholders assess the need for additional measures with regard to the distribution system to achieve the objectives of this Article. That assessment shall include the required connection and procurement of flexible distributed energy generation in line with the provisions of Regulation (EU) 2019/943 of the European Parliament and of the Council
 (30)

and Directive (EU) 2019/944 of the European Parliament and of the Council
 (31)

, in particular considering a necessary level playing field and fair remuneration for active customers and energy communities.






9.
   
Member States shall encourage measures to ensure the fire safety of solar energy installations in buildings, including in combination with technical building systems such as domestic batteries or heat pumps for self-consumption.





Article 10

Renovation passport


1.   By 31 December 2023, the Commission shall adopt delegated acts in accordance with Article 29 supplementing this Directive by establishing a common European framework for renovation passports, based on the criteria set out in paragraph 
3 of this Article
.


2.   By 31 December 2024, Member States shall introduce a scheme of renovation passports 
implementing
 the common framework established in accordance with paragraph 1.




2a.
   
Member States shall ensure that renovation passports are financially supported as part of national building renovation plans in order to not create a barrier, in particular for homeowners who own only the dwelling in which they live. Member States shall ensure that building renovation passports are made available with due financial support for vulnerable households wishing to renovate their buildings in whole or in part.




3.   The renovation passport shall comply with all 
of
 the following requirements:






(a)


it shall be issued 
in a digital form suitable for printing
 by a qualified and certified expert, following an on-site visit;










(b)


it shall comprise a 
holistic
 renovation roadmap indicating a 
maximum number
 renovation steps building upon each other 
in line with the energy efficiency first principle to
 achieve a 
deep renovation in line
 with the objective to transform the building into a zero-emission building by 2050 at the latest
, outlining how to achieve minimum energy performance standards, and measures to reduce whole life-cycle greenhouse gas emissions in the renovation process;












(c)


it shall indicate the expected benefits in terms of energy savings, savings on energy bills and 
whole life-cycle greenhouse gas emissions
 reductions, 
with an indication the renovation steps that are to lead to the relevant improvements;














(ca)






it shall contain information about a potential connection to an efficient district heating network, the share of individual or collective generation and self-consumption of renewable energy;














(cb)






it shall contain information on a range of estimated costs for each recommended renovation step, as well as the estimated costs of a one-step deep renovation as a reference scenario;














(cc)






it shall comprise the bill of materials, information on construction products circularity as well as wider benefits related to health, comfort, indoor environmental quality, safety such as fire, electrical, and seismic safety, and the improved adaptive capacity of the building to climate change;












(d)


it shall contain information about potential financial and technical support 
and updated contact details of the nearest one-stop-shop established pursuant to Article 15a
;












(da)






it shall contain information on any major renovations made to the building, as referred to in Article 8(1), and any retrofitting or replacement of a building element that forms part of the building envelope and has a significant impact on the energy performance of the building envelope, as referred to in Article 8(2).






The renovation passport may contain additional information, 
taking into consideration the composition of the household and any planned renovations, including those not relating to energy, in accordance with national law and practice.






3a.
   
Member States shall facilitate the integration of renovation passports in the digital building logbook, gathering technical and legal information with essential data for property owners to plan and execute deep and staged deep renovations.





Article 11

Technical building systems


1.   Member States shall, for the purpose of optimising the energy use of technical building systems, set system requirements 
using energy saving technologies
, in respect of the overall energy performance, the proper installation, and the appropriate dimensioning, adjustment and control of the technical building systems, 
and, where appropiate
, 
hydronic balancing,
 which are installed in new or existing buildings. When setting up the requirements, Member States shall take account of design conditions and typical or average operating conditions and 
shall ensure the use of the equipment that meets the criteria for the highest available energy efficiency classes in accordance with the relevant legal acts of the Union on energy labelling, taking into account system efficiency and the energy efficiency first principle.


System requirements shall be set for new, replacement and upgrading of technical building systems and shall be applied in so far as they are technically, economically and functionally feasible.
Member States 
shall
 set requirements related to the greenhouse gas emissions of, or to the type of fuel used by heat generators provided that such requirements 
are technologically neutral and in line with the objective to phase out the use of fossil fuels in heating and cooling.
 Member States shall ensure that the requirements they set for technical building systems reach at least the latest cost-optimal levels 
and take into account the relevant economic and environmental optimisation standards for the dimensioning
.


Member States shall ensure that the replacement of obsolete and inefficient technical building systems, where technically and economically feasible, is part of the steps set out in a renovation passport, in accordance with the energy efficiency first principle.




2.   Member States shall require new buildings ▌ to be equipped with self-regulating devices for the separate regulation of the temperature in each room or, where justified, in a designated heated 
or cooled
 zone of the building unit 
and, where appropiate, with hydronic balancing
. The installation of such self-regulating devices 
and, where appropiate, hydronic balancing in existing buildings
 shall be required when heat 
or cold
 generators are replaced, where technically and economically feasible.


3.   Member States shall require 
the installation of measuring and control devices for the monitoring and regulation of environmental quality at relevant unit level and, where technically and economically feasible, in the following buildings:










(a)






zero emission buildings;














(b)






new buildings;














(c)




existing buildings 
undergoing a major renovation;














(d)






non-residential buildings with an effective rated output for heating systems, cooling systems or systems for combined space heating and cooling over 70kW;














(e)






public buildings and buildings providing social services of general interest, such as education, health and social assistance
.






When considering the economic feasibility of an installation as referred to in the first subparagraph, Member States shall also take account of its measurable health benefits
.


Member States shall ensure that data on indoor environmental quality and other relevant data collected through measuring and control devices is interoperable with the digital building logbooks pursuant to Article 19(6) and in accordance with Union and national data protection rules
.


4.   Member States shall ensure that, when a technical building system is installed 
or altered
, the overall energy 
and, where applicable, life-cycle GWP
 performance of the ▌ complete ▌ system, is 
improved and, where applicable, evidenced by in-use performance data
. The results shall be documented 
in a digital building logbook
 and passed on to the building owner 
and tenant
, so that they remain available and can be used for the verification of compliance with the minimum requirements laid down pursuant to paragraph 1 and the issue of energy performance certificates.


Member States may adopt new incentives and funding to encourage the switch from fossil-fuelled heating and cooling systems to non-fossil fuel based systems, accompanied by investment in housing improving energy efficiency.






4a.
   Member States shall lay down requirements to ensure that, where technically and economically feasible, non-residential buildings are equipped with building automation and control systems, 
as follows:










(a)






by
31 December 2024, 
non-residential buildings with an effective rated output for heating systems, cooling systems or systems for combined space heating and ventilation of over 290 kW
;










(
b)






by 31 December 2029, non-residential buildings with an effective rated output for heating systems, cooling systems or systems for combined space heating and ventilation of over 70 kW.








Member States shall set out clear parameters for establishing the economic feasibility of equipping non-residential buildings with building automation and control systems.






4b.
   The building automation and control systems 
referred to in paragraph 4a
 shall be capable of:






(a)


continuously monitoring, logging, analysing and allowing for adjusting energy use;










(b)


benchmarking the building’s energy efficiency, detecting losses in efficiency of technical building systems, and informing the person responsible for the facilities or technical building management about opportunities for energy efficiency improvement;










(c)


allowing communication with connected technical building systems and other appliances inside the building, and being interoperable with technical building systems across different types of proprietary technologies, devices and manufacturers;












(d)






effective monitoring of indoor environmental quality, to ensure occupants’ health and safety.










4c.
   Member States shall lay down requirements to ensure that, 
where technically and economically feasible,
 from 1 January 2025, new residential buildings and residential buildings undergoing major renovations 
with an effective rated output for heating systems, cooling systems or systems for combined space heating, cooling and ventilation of over 70 kW
 are equipped with 
the following:








(a)


the functionality of continuous electronic monitoring 
of
 systems 
in the building at the relevant building and unit level that measures
 efficiency and informs building owners or managers 
in the case of a significant variation
 and when system servicing is necessary;










(b)


effective control 
and balancing
 functionalities to ensure optimum generation, distribution, storage and use of energy;












(c)






demand-side flexibility;














(d)






effective indoor environmental quality monitoring system, to ensure occupants’ health and safety.










4d.
   
                           
In addition to requirements set out in paragraph 4c, residential buildings with a useful floor area larger than 1 000 sqm shall also be equipped with functionality allowing both of the following:










(a)






benchmarking of the building’s energy efficiency, detecting of losses in efficiency of technical building systems, and informing the person responsible for the facilities or technical building management about opportunities for energy efficiency improvement;














(b)






communication with connected technical building systems and other appliances inside the building, and being interoperable with technical building systems across different types of proprietary technologies, devices and manufacturers.










4e.
   
                           
Member States shall require that, where technically and economically feasible, non-residential buildings are equipped with automatic lighting controls. The automatic lighting controls shall be capable of all of the following:










(a)






zoned occupancy control for indoor lighting with automatic detection;














(b)






zoned automatic dimming of the lighting power based on daylight levels in daylight;














(c)






enabling continuous monitoring, logging and fault detection;














(d)






allowing end-user control;














(e)






allowing communication with relevant connected technical building systems inside the building.











Article 11a





Indoor environmental quality






1.
   
Member States shall set requirements for the implementation of adequate indoor environmental quality standards in buildings in order to maintain a healthy indoor climate.






2.
   
By … [24 months after the date of entry into force of this Directive], Member States shall set requirements according to measurable indicators based on to those of the LEVELs framework.




Indoor environmental quality indicators shall be measured inside the building and shall at least include:










(a)






the level of carbon dioxide;














(b)






the temperature and thermal comfort;














(c)






the relative humidity;














(d)






the level of daylight illumination or adequate daylight levels;














(e)






the ventilation rate in air changes per hour;














(f)






acoustic indoor comfort, such as the control of the reverberation time and background noise level and speech intelligibility.








Particulate matter of emissions of indoor sources and target pollutant limits from indoor sources, on volatile organic compounds, classified as carcinogenic, mutagenic, or toxic for reproduction according to Regulation (EC) No 1272/2008

                            (32)

, including formaldehyde, shall be reported on the basis of the available data at product level, or direct measurement where available, of the relevant sources in relation to the indoor environment of the building.






3.
   
The Commission is empowered to adopt delegated acts in accordance with Article 29 to supplement this Directive by establishing a methodology framework for calculating the indoor environmental quality standards.






4.
   
Member States shall ensure that new buildings and buildings undergoing major renovation comply with adequate indoor environmental quality standards.





Article 12

Infrastructure for sustainable mobility


1.   With regard to new non-residential buildings and non-residential buildings undergoing major renovation 
where that renovation includes the car park or the electrical installations of the building
, with more than five parking spaces, 
where the car park is located inside the building, is physically adjacent to, or has a clear link with, the building,
 Member States shall ensure 
the installation of
:






(a)


▌at least one recharging point 
for every five parking spaces
;










(b)


▌pre-cabling for every parking space to enable the installation, at a later stage of recharging points for electric vehicles, 
electrically power-assisted cycles and other L-category vehicles types
; and










(c)




▌
 bicycle parking 
spaces representing at least 15 % of total user capacity of non-residential buildings, taking into account the space required also for bicycles with larger dimensions than standard bicycles.






Member States shall ensure that the pre-cabling is dimensioned so as to enable the simultaneous 
and efficient
 use of the expected number of recharging points 
and support, where appropriate, the installation of a load or charging management system, to the extent that this is technically and economically feasible and justifiable
.
By way of derogation from the first subparagraph, point (a), for new office buildings and office buildings undergoing major renovation, with more than five parking spaces, Member States shall ensure the installation of at least one recharging point for every two parking spaces.


2.   With regard to all non-residential buildings with more than twenty 
and, if technically and economically feasible, ten
 parking spaces, Member States shall ensure the installation
, by 1 January 2027,
 of at least one recharging point for every ten parking spaces, and ▌ bicycle parking space
, representing at least 15 % of the total user capacity of the building and with space required also for bicycles with larger dimensions than standard bicycles
. In 
the
 case of buildings owned or occupied by public authorities, Member States shall ensure pre-cabling for at least one in two parking spaces by 1 January 2033.


3.   Member States may, 
subject to an assessment by local authorities, taking into account local characteristics, including demographical, geographical and climate conditions,
 adjust requirements for the number of bicycle parking spaces in accordance with paragraphs 1 and 2 for specific categories of non-residential buildings ▌.


4.   With regard to new residential buildings and residential buildings undergoing major renovation
, where that renovation includes the car park or the electrical installations of the building
, with more than three parking spaces, 
where the car park is located inside the building or the car park is physically adjacent to, or has a clear link with the building
 Member States shall ensure 
the installation
:






(a)




in new residential buildings,
 of pre-cabling for every parking space 
and, in residential buildings undergoing major renovation
, of pre-cabling or, 
where technically and economically unfeasible
, 
ducting
 for every parking space to enable the installation, at a later stage, of recharging points for electric vehicles and 
electrically power-assisted cycles and other L-category vehicle types
; Member States shall ensure that the pre-cabling is dimensioned to enable the simultaneous use of recharging points on all parking spaces;












(aa)






of at least one recharging point;












(b)


at least two bicycle parking spaces for every dwelling 
in new residential buildings;














(ba)






at least two bicycle parking spaces for every dwelling in residential buildings undergoing major renovation, where technologically and economically feasible;














(bb)






in new residential buildings with at least three dwellings and where there are no car parking spaces, at least two bicycle parking spaces for every dwelling, where technologically and economically feasible.








By way of derogation from the first subparagraph,
 Member States may, 
subject to an assessment by local authorities and taking into account local characteristics, including demographical, geographical and climate conditions,
 adjust requirements for the number of bicycle parking spaces.


5.   Member States may decide not to apply paragraphs 1, 2 and 4 to specific categories of buildings where the pre-cabling required would rely on micro isolated systems or the buildings are situated in the outermost regions within the meaning of Article 349 TFEU, if this would lead to substantial problems for the operation of the local energy system and would endanger the stability of the local grid.




5a.
   
                           
Following a reasoned request by a Member State, the Commission may decide to allow that Member State to adjust the requirements in paragraphs 1 and 2 for specific categories of buildings where:










(a)






the building is owned and occupied by a microenterprise or a small or medium-sized enterprise, as defined in Article 2 of the Annex to Commission Recommendation 2003/361/EC
 (33)

; or














(b)






the buildings only have temporary use in accordance with Article 9.










5b.
   
Member States may adjust requirements for the number of parking spaces in accordance with paragraphs 1, 2 and 4 for specific categories of residential and non-residential buildings where the fulfilment of the requirements set out in paragraphs 1, 2 and 4 would lead to disproportionate costs, would be economically unfeasible or unjustifiable, or where local conditions do not justify the fulfilment of the requirements. [Am. 5]



6.   Member States shall ensure that the recharging points referred to in paragraphs 1, 2 and 4 
of this Article
 are capable of smart charging and, where appropriate bidirectional charging, and that they are operated based on non-proprietary and non-discriminatory communication protocols and standards, in an interoperable manner, and in compliance with any legal standards and protocols in the delegated acts adopted pursuant to Article 19(6) and Article 19(7) of Regulation (EU) …/… [AFIR].


7.   Member States shall 
ensure
 that operators of non-publicly accessible recharging points operate them in accordance with Article 5(4) of Regulation (EU)…/….[AFIR], where applicable.


8.   Member States shall provide for measures in order to 
encourage,
 simplify
, harmonise and accelerate the procedure for the installation
 of recharging points in new and existing residential and 
non-residential
 buildings, 
especially of co-owners associations
, and remove regulatory barriers, including permitting and approval procedures 
from public authorities or grid operators
, without prejudice to the property and tenancy law of the Member States 
and to allow the ‘right to plug’ for everyone in the Union
. Member States shall remove barriers to the installation of recharging points in residential buildings with parking spaces, in particular the need to obtain consent from the landlord or co-owners for a private recharging point for own use. 
A request by tenants or co-owners to install charging equipment in a parking space may be refused if there are serious and legitimate grounds for such a refusal.




Member States shall ensure that the time between the application for a recharging point by a tenant or an owner in a building and its installation is reasonable and in any event does not exceed six months.




By 1 January 2025, the Commission shall publish guidelines specifying the standards and protocol to be recommended to national and local public authorities for fire safety in roofed car parks.


Member States shall ensure the availability of technical assistance for building owners and tenants wishing to install recharging points 
and bicycle parking spaces.




With regard to existing residential buildings with more than three parking spaces, Member States shall introduce measures to ensure the installation of pre-cabling for parking spaces, in proportion to with the number of battery electric light-duty vehicles registered in their territory.






8a.
   
For owners and tenants of buildings, who do not have the possibility to install a recharging point at their place of residence, Member States shall introduce measures to allow them to request the installation of a publicly available recharging point near their place of residence, in accordance with the objectives of Regulation (EU) …/… [AFIR]. Member States shall introduce measures to ensure that the number of publicly accessible recharging points installed corresponds to the number of requests received within the same areas.




9.   Member States shall ensure the coherence of policies for buildings, 
active
 and green mobility, 
climate, energy, biodiversity
 and urban planning.


To ensure an effective combination on private e-mobility, active mobility and public transport, Member States shall support local authorities in developing and implementing sustainable urban mobility plans with a particular focus on the integration of housing policies with sustainable mobility and urban planning.





Article 13

Smart readiness of buildings


1.   The Commission shall adopt delegated acts in accordance with Article 29 concerning an optional common Union scheme for rating the smart readiness of buildings. The rating shall be based on an assessment of the capabilities of a building or building unit to adapt its operation to the needs of the occupant
, in particular concerning indoor environmental quality
 and the grid and to improve its energy efficiency and overall performance.
In accordance with Annex IV, the optional common Union scheme for rating the smart readiness of buildings shall lay down:






(a)


the definition of the smart readiness indicator; ▌










(b)


a methodology by which it is to be calculated.






2.   
By 31 December 2024, th
e Commission shall ▌ adopt a delegated act in accordance with Article 29, 
amending this Directive by
 requiring the 
mandatory
 application
, by the same date,
 of the common Union scheme for rating the smart readiness of buildings, in accordance with Annex IV, to non-residential buildings with an effective rated output for heating systems, 
air-conditioning systems, and
 systems for combined space heating
, air-conditioning
 and ventilation of over 290 kW. 
From 1 January 2030, the common Union scheme shall apply to non-residential buildings with an effective rated output of 70 kW
.


3.   The Commission shall, after having consulted the relevant stakeholders, adopt an implementing act detailing the technical modalities for the effective implementation of the scheme referred to in paragraph 1, including a timeline for a non-committal test-phase at national level, and clarifying the complementary relation of the scheme to the energy performance certificates referred to in Article 16.
That implementing act shall be adopted in accordance with the examination procedure referred to in Article 30(3).


4.   
By 31 December 2024
                           
, the Commission shall, ▌after having consulted the relevant stakeholders, adopt an implementing act detailing the technical modalities for the effective implementation of the application of the scheme referred to in paragraph 2 to non-residential buildings with an effective rated output for heating systems, 
air-conditioning systems,
 or systems for combined heating
, air-conditioning
 and ventilation of over 290 kW.
That implementing act shall be adopted in accordance with the examination procedure referred to in Article 30(3).



Article 14

Data exchange


1.   Member States shall ensure that the building owners, tenants and managers can have direct access to their building 
systems
 data, 
including technical building systems data
. 
Upon
 their 
consent,
 the access or data shall be made available to a third party, 
subject to the existing contractual agreement
. Member States shall 
mandate the use of international standards and management formats for data exchanged and
 facilitate the full interoperability of services and of data exchange within the Union in accordance with paragraph
5
. 
The aggregated and anonymised building systems data shall be made publicly available.


For the purpose of this Directive, building systems data shall include 
relevant raw
 data related to the energy performance of building elements, the energy performance of building services, 
the projected lifespan of the heating systems, sensors,
 building automation and control systems, meters and charging points for e-mobility 
and be linked to the digital building logbook
. 
Both processed and non-processed data shall be considered acceptable for the purposes of this Article, provided that they meet the requirements set out in the first subparagraph.






1a.
   
Member States shall ensure that local authorities have access to data on energy performance of buildings on their territory as required to facilitate drafting of heating and cooling plans and include operational geographic information systems and the related databases, in accordance with Regulation (EU) 2016/679 of the European Parliament and of the Council
 (34)

. Member States shall ensure that local authorities have the necessary resources for data and information management.




2.   When laying down the rules regarding the management and exchange of data, Member States or, where a Member State has so provided, the designated competent authorities, shall 
comply with the harmonised Union
 rules 
set out in the implementing acts provided for in paragraph 5
 and the applicable Union legal framework. 
The rules on the access and any charges shall not constitute a barrier or create discrimination for third parties to access building systems data.




3.   No additional costs shall be charged to the building owner, tenant or manager for access to their data or for a request to make their data available to a third party 
subject to the existing contractual agreement
. Member States shall be responsible for setting the relevant charges for access to data by other eligible parties such as financial institutions, aggregators, energy suppliers, energy services providers and National Statistical Institutes or other national authorities responsible for the development, production and dissemination of European statistics. Member States or, where applicable, the designated competent authorities, shall ensure that any charges imposed by regulated entities that provide data services are reasonable and duly justified. 
Member States shall incentivise the sharing of the building systems data.




4.   The rules on access to data and data storage for the purpose of this Directive shall comply with the relevant Union law. The processing of personal data within the framework of this Directive shall be carried out in accordance with Regulation (EU) 2016/679 of the European Parliament and of the Council.




4a.
   
By 31 December 2023, the Commission shall adopt a delegated act in accordance with Article 29 to supplement this Directive by establishing interoperability requirements and non-discriminatory and transparent procedures for access to the data referred to in this Article.




5.   
By 31 December 2023,
 the Commission shall adopt implementing acts detailing interoperability requirements and non-discriminatory and transparent procedures for access to the data 
referred to in this Article
.
Those implementing acts shall be adopted in accordance with the advisory procedure referred to in Article 30(2).


The Commission shall issue a consultation strategy, setting out consultation objectives, targeted stakeholders and the consultation activities for the development of the implementing acts.





Article 15

Financial incentives, skills
 and market barriers


1.   Member States shall provide appropriate financing 
and
 support measures 
in combination with
 other 
Union
 instruments 
such as the Recovery and Resilience Facility, the Social Climate Fund and the cohesion policy funds. They shall ring-fence appropriate amounts in the implementation of Union programmes and in national financing schemes for renovations and dedicate appropriate financing
 to address market barriers and stimulate the necessary investments in energy renovations in line with their national building renovation plan and with a view to the transformation of their building stock into zero-emission buildings by 2050 
including by promoting and simplifying the use of public-private partnerships.




Member States shall ensure that application and procedures for financing are simple and streamlined in order to facilitate the access to financing for households.






1a.
   
Public financing shall address up-front costs associated with renovations faced by households. Member States shall facilitate the access to affordable bank loans, dedicated credit lines, or fully publicly financed renovations.




Financial incentives in the form of grants or guarantees shall take revenue-based parameters into account when allocating financial support to ensure that they target as a priority vulnerable households and people living in social housing, in accordance with Article 22 of Directive (EU)…/…. [recast EED]. Member States shall develop dedicated schemes on energy efficiency renovations, in particular financial measures, and shall ensure that every national financial support programme contains dedicated amounts targeted at vulnerable households, corresponding to their needs. Member States may use the national energy efficiency funds to finance dedicated schemes and programmes pursuant to Article 28 of Directive (EU) …/…. [recast EED].




2.   Member States shall take appropriate regulatory measures to remove non-economic barriers to building renovation. With regard to buildings with more than one building unit, such measures may include removing unanimity requirements in co-ownership structures, 
adapting the mandate and responsibilities of building managers for the handling of the energy renovation projects
, or allowing co-ownership structures to be direct recipients of financial support 
such as loans and grants.




3.   Member States shall make best cost-effective use of national financing and financing available established at Union level, in particular the Recovery and Resilience Facility, the Social Climate Fund, cohesion policy funds, InvestEU, auctioning revenues from emission trading pursuant to Directive 2003/87/EC [amended ETS] and other public funding sources. 
Those funding sources shall be deployed consistently with a path to achieving a zero-emission building stock by 2050.




4.   To support the mobilisation of investments, Member States shall 
ensure that
 enabling funding and financial tools 
are effectively put in place, namely
 energy efficiency loans and mortgages for building renovation, energy performance contracting, 
pay-as-you-save financial schemes
, fiscal incentives
, including reduced tax rates on renovation works and materials,
 on-tax schemes, on-bill schemes, guarantee funds, mortgage portfolio standards
, economic instruments to provide incentives for the application of sufficiency and circular measures,
 funds targeting deep renovations, 
and
 funds targeting renovations with a significant minimum threshold of targeted energy savings and 
targeted whole life-cycle greenhouse gas emission reductions.




Member States shall ensure that information about available funding and financial tools is made available to the public in an easily accessible and transparent manner, including by digital means.




Member States and the relevant financial authorities shall review the applicable legislation and develop supporting measures to facilitate the uptake of renovation loans and energy efficiency mortgages, and the development of innovative lending products dedicated to the financing of deep renovation and staged deep renovation in line with the steps in renovation passports. The Commission and the European Investment Bank shall ensure access to finance at favourable conditions, facilitating the deployment of financial instruments and innovative schemes, such as a EU renovation loan or a European guarantee fund for building renovations
. 
The enabling funding and financial tools
 shall 
also
 guide investments into an energy efficient public building stock, in line with Eurostat guidance on the recording of Energy Performance Contracts in government accounts.




4a.
   
By … [12 months after the date of entry into force of this Directive], the Commission shall adopt a delegated act in accordance with Article 29 to supplementing this Directive in order to ensure that mortgage portfolio standards effectively encourage financial institutions to increase volumes provided for renovations, to prescribe supportive measures for financial institutions and necessary safeguards against potential counter-productive lending behaviours such as reducing or refusing access to credit to households living in low energy performance class dwellings, or limiting their mortgage lending to consumers purchasing high energy performance class dwellings.




5.   Member States shall facilitate the aggregation of projects to enable investor access as well as packaged solutions for potential clients. Member States shall adopt measures to ensure that energy efficiency 
and accessibility
 lending products for building renovations are offered widely and in a non-discriminatory manner by financial institutions and are visible and accessible to consumers. Member States shall ensure that banks and other financial institutions and investors receive information on opportunities to participate in the financing of the improvement of energy performance of buildings.▌



6.   Member States shall 
monitor the availability of skills and skilled professionals in accordance with Article 3
 and 
develop
 measures and financing to promote education and training 
programmes
, 
including in digital technologies,
 to 
facilitate the professional requalification of workers and creation of employment opportunities
 to ensure that there is a sufficient workforce with the appropriate level of skills corresponding to the needs in the building sector. 
Member States shall put in place measures to promote participation in such programmes, in particular by microenterprises as well as small and medium-sized enterprises (SMEs) and with due regard to the gender dimension
. 
One-stop-shops established pursuant to Article 15a may facilitate access to such programmes and the professional reskilling of workers.






7.
   
The Commission shall develop common Union standards for innovative financial schemes, in particular a pay-as-you-save scheme, setting mandatory minimum requirements for public and private actors.




8.   The Commission shall ▌ assist Member States in setting up national or regional financial support programmes with the aim of increasing the energy performance 
and reducing greenhouse gas emissions from
 buildings, especially of existing buildings, 
including
 by supporting the exchange of best practice between the responsible national or regional authorities or bodies. 
To ensure a level playing field and make maximum use of the available investment potential Member States shall ensure that such programmes are developed in a way that is accessible to organisations with lower administrative, financial, and organisational capacities, such as microenterprises and SMEs, energy communities, citizen-led initiatives, local authorities, and energy agencies. Member States shall provide support to local initiatives, such as citizen-led renovation programmes and programmes for renewable of heating and cooling at neighbourhood or municipal level.






8a.
   
Member States shall provide appropriate financing, support measures and other instruments for implementation of research and development results regarding energy efficient construction systems and materials including manufacturing, in particular by microenterprises and SMEs.




9.   Member States shall link their financial measures for energy performance improvements 
and reduced greenhouse gas emissions
 in the renovation of buildings to the targeted 
and
 achieved energy savings 
and improvements
, as determined by one or more of the following criteria:






(a)


the energy performance 
and greenhouse gas reduction
 of the equipment or material used for the renovation; in which case, the equipment or material used for the renovation is to be installed by an installer with the relevant level of certification or qualification and shall comply with 
at least
 minimum energy performance or 
higher reference values for improved performance of buildings energy consumption;












(b)


standard values for 
the
 calculation of energy 
and greenhouse gas emission
 savings in buildings;










(c)


the improvement achieved due to such renovation by comparing energy performance certificates issued before and after renovation;










(d)


the results of an energy audit;










(e)


the results of another relevant, transparent and proportionate method that shows the improvement in energy performance, 
including by comparing the energy consumption before and after renovation with smart metering systems
.






Requirements set out in this paragraph shall not apply to financing dedicated to vulnerable households.




10.   From 1 January 
2024
 at the latest, Member States shall not provide any financial incentives for the installation of boilers 
using
 fossil fuels ▌.


11.   Member States shall incentivise deep renovation and sizeable programmes that address a high number of buildings
, in particular the worst-performing buildings, including through integrated district renovation programmes
 and result in an overall reduction of at least 
60
 % of primary energy demand with 
increasing
 financial, fiscal, administrative and technical support 
according to the level of performance achieved, with the higher financial participation reserved for deep renovations or for the groups referred to in paragraph 1a.






11a.
   
Member States shall complement the promotion of financial incentives with policies and measures to avoid eviction because of renovation.




13.   When providing financial incentives to owners of buildings or building units for the renovation of rented buildings or building units, Member States shall ensure that the financial incentives benefit both the owners and the tenants. 
Member States shall introduce effective social safeguards, to protect in particular vulnerable households, including
 by providing rent support or by imposing caps on rent increases, 
or by introducing a pay-as-you-save financial scheme for rent increases, ensuring that the rent increase does not exceed the savings on energy bills due to renovation energy savings
.




13a.
   
Member States shall take appropriate measures to remove regulatory, statutory, and administrative barriers to the scaling up housing cooperatives, including not-for-profit cooperatives. Member States shall ensure the eligibility of such housing cooperatives and integrated districts for financial incentives. The Commission shall facilitate the exchange of best practices among Member States on the creation of an operational status for not-for-profit housing cooperatives and shall provide guidance on measures to streamline their introduction.






Article 15a




One-stop-shops for energy efficiency in buildings






1.
   Member States shall ensure the establishment of technical assistance facilities, including through 
inclusive
 one-stop-shops 
for energy efficiency in buildings,
 targeting all actors involved in building renovations, including home owners and administrative, financial and economic actors, including 
microenterprises and SMEs
. 
Member States shall ensure that the technical assistance facilities are equally available across their territory depending on population distribution by establishing at least one one-stop-shop per region and in any event per 45 000 inhabitants.




The Commission shall cooperate with the European Investment Bank, Member States and regions to facilitate the functioning and continuity of funding of one-stop-shops for energy efficiency in buildings until at least 31 December 2029.






2.
   
Member States shall cooperate with relevant regional and local authorities as well as private stakeholders for the purpose of establishing one-stop shops for energy efficiency in buildings at national, regional and local levels. Member States may designate the one-stop shops established pursuant to Article 21(2a) of Directive (EU)…/… [recast EED] as one-stop shops for the purposes of this Article.




One-stop shops for energy efficiency in buildings shall be independent public entities, cross-sectorial and interdisciplinary and shall provide their service free of charge for the users. They shall provide tailor made advice to different target groups on energy efficiency in buildings and may accompany integrated district renovation programs. One-stop shops may cooperate with private actors that provide and promote services relevant for energy renovation, such as financing solutions and the execution of energy renovations, and, where appropriate, that connect potential projects, in particular smaller-scale projects, with market actors.




To facilitate the establishment and services of one-stop shops for energy efficiency in buildings, Member States shall review their public procurement rules for energy efficiency renovations tendering.




One-stop shops shall support locally developed projects by providing technical, administrative and financial advice and assistance, such as:










(a)






providing legal assistance, reinforced protection to overcome split-incentives in privately rented homes, streamlined information on technical support, tailor-made financial assistance and available funding opportunities in particular grant and subsidy schemes, and solutions to households, microenterprises and SMEs, and public bodies;














(b)






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














(c)






advising on energy consumption behaviour with the aim of actively engaging the consumers, providing access to affordable energy offers;














(d)






providing information and access to training programmes and education, including for local authorities and social services to provide technical assistance, to ensure more energy efficiency professionals and to re-skill and up-skill professionals in order to meet the market needs;














(e)






collecting and submitting typology aggregated data to the Commission from energy efficiency projects, facilitated by the one-stop shops,, which shall be published by the Commission in a report by … [date of transposition of this Directive] and every two years thereafter in order to exchange knowledge and enhance cross-border cooperation between Member States for the purpose of promoting best practice examples from different building, housing and enterprise typologies;














(f)






supporting awareness-raising activities, including information on incentives for regulating indoor environmental quality and installing the necessary devices during major renovations;














(g)






providing and developing holistic support to all households, with a special attention to vulnerable householdsand to people living in social housing as well as to those with health problems linked to the worst-performing buildings, as well as to accredited companies and installers providing renovation services, adapted to different housing typologies and geographical scope, and providing support covering the different stages of the renovation project in particular to facilitate the implementation of the minimum energy performance standards laid down in Article 9;














(h)






providing information on accessibility, availability of renewable energy self consumption, renewable energy communities and other alternatives to fossil heating and cooling in buildings, and information on materials and solutions on energy efficiency, energy storage and renewable energy technologies for buildings;














(i)






supporting engagement with relevant local stakeholders and citizens in the evaluation of the impact of minimum energy performance standards on housing affordability and quality.








Member States shall cooperate with local and regional authorities to encourage cooperation among public bodies, energy agencies and community-led initiatives and to promote, develop and up-scale one-stop shops through an integrated process. The Commission shall provide guidelines to Member States to develop those one-stop shops with the aim of creating a harmonised approach throughout the Union.





Article 16

Energy performance certificates


1.   ▌ The energy performance certificate shall include the energy performance of a building expressed by a numeric indicator of primary 
and final
 energy use in kWh/(m2.y), 
and the life-cycle GWP by a numeric indicator of whole life-cycle greenhouse gas emissions in kgCO2eq/(m2)
and reference values such as minimum energy performance requirements, minimum energy performance standards, nearly zero-energy building requirements and zero-emission building requirements, in order to make it possible for owners or tenants of the building or building unit to compare and assess its energy performance. 
The energy performance certificate shall include additional numeric indicators, in particular total annual energy consumption (kWh/year), annual energy needs for heating, cooling, ventilation and hot water, energy consumption per square metre per year (kWh/(m2.y), annual non-renewable primary energy use in kWh/(m2.y), and final energy for heating, cooling, domestic hot water, ventilation, built-in lighting and other building services, and may include additional efficiency and safety requirements for appliances.




2.   By 31 December 2025, the energy performance certificate shall comply with the template in Annex V.


By way of derogation from the first subparagraph, Member States that have revised their system of certification of the energy performance of buildings between 1 January 2019 and … [date of entry into force of this Directive], may continue to use that system to comply with Article 9(1), and may determine their worst-performing buildings using data from their building stock between 1 January 2019 and … [date of entry into force of this Directive] as a baseline, renovating at least the equivalent number or the equivalent useful floor area of worst-performing buildings identified in Article 9(1a), or the equivalent level of energy performance improvement. Where a Member State benefits from the derogation provided for in the second subparagraph, it shall, by 1 January 2030, update its performance classes in accordance with the first subparagraph on the basis of the performance of their national building stock between 1 January 2019 and … [date of entry into force of this Directive].




Pursuant to the first subparagraph of this paragraph, Member States
 shall specify the energy performance class of the building, on a closed scale using only letters ▌A to G. The letter A shall correspond to zero emission buildings as defined in Article 2, point (2). 
Member States may define an A+ energy performance class for buildings that meet all of the following conditions:










(a)






high efficiency standards with energy needs for heating, cooling, ventilation and hot water no higher than 15 kWh/m2/year;














(b)






higher production of kWh renewable energy on-site, based on a monthly average;














(c)






carbon positivity regarding the building’s life-cycle GWP including building materials and energy installations during manufacturing, installation, use, maintenance, and demolition.






The letter G shall correspond to the 15 % worst-performing buildings in the national building stock at the time of the introduction of the scale. Member States shall ensure that the remaining classes 
A
 to F have an even bandwidth distribution of energy performance indicators among the energy performance classes. Member States shall ensure a common visual identity for energy performance certificates on their territory.




2a.
   
Member States may finance the roll out of energy performance certificates as a measure under Article 8 of Directive (EU) …/…. [recast EED].






2b.
   
Member States shall compile a register of energy performance certificates in accordance with Article 19, including in order to facilitate integrated district renovation schemes in line with the Union’s climate objectives.




3.   Member States shall ensure the quality, reliability and affordability of energy performance certificates. They shall ensure that energy performance certificates are 
affordable and at no cost for vulnerable households and
 issued by independent experts following an on-site visit. 
The energy performance certificates shall be clear and easily legible and be available in a machine-readable format and in accordance with Annex V.




4.   The energy performance certificate shall include recommendations for the cost effective improvement of the energy performance 
to cost-optimal level
 and the reduction of 
whole life-cycle
 greenhouse gases emissions, 
the improvement of indoor environmental quality
 of a building or building unit, 
and recommendations to improve the smart readiness level pursuant to Article 13
, unless the building or building unit already complies with the relevant zero-emission building standard.
The recommendations included in the energy performance certificate shall cover:






(a)


measures carried out in connection with a major renovation of the building envelope or technical building ▌systems; and










(b)


measures for individual building elements independent of a major renovation of the building envelope or technical building ▌systems.






5.   The recommendations included in the energy performance certificate shall be technically feasible for the specific building and shall provide an estimate for the energy savings and the reduction of operational greenhouse gas emissions 
over the expected service life of the building and the improvement of indoor environmental quality performance indicators
. They may provide an estimate for the range of payback periods or cost-benefits over its economic lifecycle 
and information on available financial incentives, administrative and technical assistance along with financial benefits, which are broadly associated with the achievement of the reference values. Once the relevant reporting mechanisms and targets set out in Articles 7, 8 and 11a are in force, the energy performance certificate shall include relevant recommendations.




6.   The recommendations shall include an assessment of 
the remaining lifespan of the space heating systems and the air conditioning systems, and an assessment of
 whether the 
space and water
 heating or air conditioning system can be adapted to operate at more efficient temperature settings, such as low temperature emitters for water based heating systems, including the required design of thermal power output and temperature/flow requirements.




6a.
   
The recommendations shall indicate possible alternatives for the replacement of the technical building systems for heating and cooling where relevant, in line with the 2030 and 2050 climate targets, suitable to that type of building and taking into account local and system-related circumstances.




7.   The energy performance certificate shall provide an indication, where the owner or tenant can receive more detailed information, including as regards the cost 
optimality
 of the recommendations made in the energy performance certificate, and 
the contact information and address of the closest one-stop shop established pursuant to Article 15a
. The evaluation of cost 
optimality
 shall be based on a set of standard conditions 
in accordance with Article 6
, such as the assessment of energy savings and underlying energy prices and a preliminary cost forecast. In addition, it shall contain information on the steps to be taken to implement the recommendations, 
and on any available financial support
. Other information on related topics, such as energy audits or incentives of a financial or other nature and financing possibilities, or advice on how to increase the climate resilience of the building 
and the safety of installed appliances
, may also be provided to the owner or tenant.


8.   Certification for building units may be based:






(a)


on a common certification of the whole building; or










(b)


on the assessment of another representative building unit with the same energy relevant characteristics in the same building.






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




9a.
   
The Commission shall, after consulting the relevant stakeholders and reviewing existing methodologies and tools, develop a European certification scheme for energy efficiency meters. That certification scheme may be used by Member States to encourage the use of certified energy efficiency metering technologies, and to strengthen energy performance certificates with real-time measurement.




10.   The validity of the energy performance certificate shall not exceed five years. However for buildings with an energy performance class 
A+,
 A, B or C established pursuant to paragraph 2, the validity of the energy performance certificate shall not exceed 10 years.


11.   Member States shall make simplified procedures for updating an energy performance certificate available where only individual elements are upgraded (single or standalone measures) 
in order to reduce the cost of issuance of the updated certificate
.
Member States shall make simplified procedures for updating an energy performance certificate available where measures identified in a renovation passport are put in place 
in order to reduce the cost of issuance of the updated certificate, or where a building digital twin is used, and data of building performance can be updated
.



Article 17

Issue of energy performance certificates


1.   Member States shall ensure that a digital energy performance certificate is issued for:






(a)


buildings or building units which are constructed, have undergone a major renovation, are sold or rented out to a new tenant or for which a rental contract is renewed 
or which a mortgage is refinanced
;










(b)


buildings owned or occupied by publicbodies.




The requirement to issue an energy performance certificate 
shall
 not apply where a certificate, issued in accordance with either Directive 2010/31/EU or this Directive, for the building or building unit concerned is available and valid. 
Member States shall ensure that vulnerable households receive financial support for issuing energy performance certificates.




2.   Member States shall require that, when buildings or building units are constructed, 
have undergone a major renovation
, are sold or rented out or when rental contracts are renewed, 
or which have their mortgage refinanced
 the energy performance certificate is shown to the prospective tenant or buyer and handed over to the buyer or tenant.


3.   Where a building is sold or rented out in advance of construction or major renovation, Member States may require the seller to provide an assessment of its future energy performance, as a derogation from paragraphs 1 and 2; in that case, the energy performance certificate shall be issued at the latest once the building has been constructed or renovated and shall reflect the as-built state.


4.   Member States shall require that buildings or buildings units which are offered for sale or for rent have a 
valid
 energy performance certificate, and that the energy performance indicator and class of the energy performance certificate of the building or the building unit, as applicable, is stated in online and offline advertisements, including in property search portal websites.
Member States shall carry out sample checks or other controls to ensure compliance with these requirements.


5.   The provisions of this Article shall be implemented in accordance with applicable national rules on joint ownership or common property.


6.   The possible effects of energy performance certificates in terms of legal proceedings, if any, shall be decided in accordance with national rules.


7.   Member States shall ensure that all energy performance certificates issued are uploaded to the database for energy performance of building referred to in Article 19. The upload shall contain the full energy performance certificate, including all necessary data required for the calculation of the energy performance of the building.



Article 18

Display of energy performance certificates


1.   Member States shall ▌ ensure that where 
a non-residential building or
 a building for which an energy performance certificate has been issued in accordance with Article 17(1) is occupied by public authorities and frequently visited by the public, the energy performance certificate is displayed in a prominent place clearly visible to the public.


2.   Member States shall require that where a total useful floor area over 500 m2 of a building for which an energy performance certificate has been issued in accordance with Article 17(1) is frequently visited by the public, the energy performance certificate is displayed in a prominent place clearly visible to the public.


3.   The provisions of paragraphs 1 and 2 do not include an obligation to display the recommendations included in the energy performance certificate.



Article 19

Databases for energy performance of buildings


1.   Each Member State shall set up a national database for energy performance of buildings which allows data to be gathered on the energy performance of 
individual
 buildings and on the overall energy performance of the national building stock.


The database shall be interoperable with other relevant online platforms and public services and
 shall allow data to be gathered 
from all relevant sources
 related to energy performance certificates, inspections, the building renovation passport, the smart readiness indicator, 
energy building benchmarks
 and the calculated or metered energy consumption of the buildings covered. 
In order to populate the database, building typologies and energy building benchmarking may also be gathered. Data may also be gathered and stored on both operational and embodied emissions and overall life-cycle GWP, using metrics based on the LEVELs Framework.




2.   The 
aggregated and anonymised data of building stock
 shall be 
made
 publicly 
available
, in compliance with Union and national data protection rules. 
The data stored shall be machine-readable and accessible via an appropriate digital interface
. Member States shall ensure 
easy and free-of-charge
 access to the full energy performance certificate for building owners, tenants and managers, 
certified experts,
 and to financial institutions as regards the buildings 
exposure to residential or commercial property which have been assigned to their non-trading book
. For buildings offered for rent or sale, Member States shall ensure access to the full energy performance certificate for prospective tenants or buyers 
that have been authorised by the owner of the building
.


3.   Member States shall make publicly available information on the share of buildings in the national building stock covered by energy performance certificates and aggregated or anonymised data on the energy performance, 
the energy consumption and the life-cycle GWP
 of the buildings covered. The public information shall be updated at least twice per year. Member States shall make anonymised or aggregated information available to public and research institutions such as National Statistics Institutes, upon request.


4.   At least once per year, Member States shall ensure the transfer of the information in the national database to the Building Stock Observatory.


5.   The Commission shall, by 30 June 2024, adopt an implementing act 
for
 a common template for the transfer of the information to the Building Stock Observatory 
with the possibility for constant real-time updates
.
That implementing act shall be adopted in accordance with the examination procedure referred to in Article 30(3).


6.   For the purpose of ensuring coherence and consistency of information, Member States shall ensure that the national database for energy performance of buildings is interoperable and integrated with other administrative databases containing information on buildings, such as the national building cadastre and digital building logbooks.




6a.
   
                           
By 31 December 2024, the Commission shall, adopt implementing acts to support the efficient functioning of digital building logbooks by establishing a common template for:










(a)






a standardised approach for data collection, data management and interoperability and its legal framework;














(b)






linking existing databases.








Those implementing acts shall be adopted in accordance with the advisory procedure referred to in Article 30(2).






6b
   
By … [24 months after the date of entry into force of this Directive], and every two years thereafter, the Commission shall publish by a summary report on the situation and progress of the Union building stock at local, regional and national level. Member States shall use the summary report to target renovations for clusters of inefficient buildings as a means of reducing energy poverty.





Article 20

Inspections


1.   Member States shall lay down the necessary measures to establish regular inspections of heating, ventilation and air conditioning systems with an effective rated output of over 70 kW.The effective rating of the system shall be based on the sum of the rated output of the heating and air-conditioning generators.


2.   Member States 
may
 establish separate inspection schemes for the inspections of residential and non-residential systems.


3.   Member States may set different inspection frequencies depending on the type and effective rated output of the system whilst taking into account the costs of the inspection of the system and the estimated energy cost savings that may result from the inspection. Systems shall be inspected at least every five years. Systems with generators of an effective rated output of more than 290 kW 
and those emitting carbon monoxide
 shall be inspected at least every two years, 
for safety reasons
.


4.   The inspection shall include the assessment of 
the heat and air-conditioning
 generator or generators, circulation pumps, 
components of ventilation systems, all air and water distribution systems, hydronic balancing systems, where appropriate,
 and control system. Member States may decide to include in the inspection schemes any additional building systems identified under Annex I.
The inspection shall include an assessment of the efficiency and sizing of the 
heat and air-conditioning
 generator or generators and of its main components compared with the requirements of the building and consider the capabilities of the system to optimise its performance under typical or average operating conditions
, using available energy saving technologies, and under changing conditions due to use variation
. Where relevant, the inspection shall assess the feasibility of the system to operate under different and more efficient temperature settings, 
such as at low temperature for water-based heating systems, including via the design of thermal power output and temperature and flow requirements,
 while ensuring the safe operation of the system. 
The inspection shall also assess the readiness of technical building systems to work with renewable energy sources and, where relevant, be operated on low temperatures.


The inspections scheme shall include the assessment of the sizing of the ventilation system compared with the requirements of the building and consider the capabilities of the ventilation system to optimise its performance under typical or average operating conditions.
Where no changes have been made to the system or to the requirements of the building following an inspection carried out pursuant to thisArticle, Member States may choose not to require the assessment of the main component sizing or the assessment of operation under different temperatures to be repeated.


Member States shall ensure that an assessment of the energy efficiency of electrical installations of non-residential buildings is made as part of existing safety inspections schemes, with due regard to the available standard for their optimal design, dimensioning, management and monitoring.




5.   Technical building systems that are explicitly covered by an agreed energy performance criterion or a contractual arrangement specifying an agreed level of energy efficiency improvement, such as energy performance contracting, or that are operated by a utility or network operator and therefore subject to performance monitoring measures on the system side, shall be exempt from the requirements laid down in paragraph 1, provided that the overall impact of such an approach is equivalent to that resulting from paragraph 1.


6.   ▌ Member States may ▌ take measures to ensure the provision of advice to users concerning the replacement of generators, other modifications to the system and alternative solutions to assess the ▌ efficiency and appropriate size of those systems.
▌


9.   Buildings that comply with 
Article 11(4b)
 or 
(4c)
 shall be exempt from the requirements laid down in paragraph 1 
of this Article
.


10.   Member States shall put in place inspection schemes ▌ including digital tools 
for industry size installations
, 
and checklists, to verify compliance with the capability requirements set out in Article 11(4b) and (4c)
, 
and
 to certify that the delivered construction and renovation works meet the designed energy performance and are compliant with the minimum energy performance requirements 
operational greenhouse gas emissions, indoor environmental quality, and fire safety
 requirements as laid down in by the building codes 
or equivalent regulations
.


11.   Member States shall include a summarised analysis of the inspection schemes and their results as an annex to the building renovation plan referred to in Article 3.



Article 21

Reports on the inspection of heating, ventilation and air-conditioning systems


1.   An inspection report shall be issued after each inspection of a heating, ventilation, air-conditioning, or 
building automation and control
 system. The inspection report shall contain the result of the inspection performed in accordance with Article 20 and include recommendations for the cost-
optimal
 improvement of the energy performance 
and safety
 of the inspected system.
Those recommendations may be based on a comparison of the energy performance of the system inspected with that of the best available feasible system
, using energy saving technologies,
 and a system of similar type for which all relevant components achieve the level of energy performance required by the applicable legislation.


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




2a.
   
In the case of fossil fuel powered technical building systems, the recommendations shall provide for alternative renewables based systems or, for any residual demand, for connections to efficient district heating and cooling systems. The recommendations shall consider the economic lifetime of the current installation.




3.   The inspection report shall be uploaded into the national database for energy performance of buildings pursuant to Article 19.



Article 22

Independent experts


1.   Member States shall ensure that the energy performance certification of buildings, the establishment of renovation passports, the smart readiness assessment, the inspection of heating systems and air-conditioning systems are carried out in an independent manner by qualified or certified 
companies and
 experts, 
using test equipment certified in accordance with EN standards
, whether operating in a self-employed capacity or employed by public bodies or private enterprises.
Experts shall be certified in accordance with Article 26 of Directive (EU) …/… [recast EED] taking into account their competence.


2.   Member States shall make available to the public information on training and certifications. Member States shall ensure that either regularly updated lists of qualified or certified experts or regularly updated lists of certified companies which offer the services of such experts are made available to the public.



Article 23

Certification of building professionals


1.   
By …[date set out in Article 26(4) [recast EED]],
 Member States shall 
establish a national action plan to provide a sufficient and adequately skilled workforce and
 ensure the appropriate level of competence for building professionals 
and construction companies
, carrying out integrated renovation works in line with 
the established targets and measurable progress indicators pursuant to Article 3(1) of this Directive and
 Article 26 of [recast EED].




1a.
   
To achieve a sufficient number of professionals in accordance with paragraph 1, Member States shall ensure that sufficient training programmes leading to qualification and certification covering integrated works, including the latest innovative solutions therefore, are made available. Member States shall put in place measures to promote participation in such programmes, in particular by microenterprises, SMEs and self-employed persons.




2.   Where appropriate and feasible, Member States shall ensure that certification or equivalent qualification schemes are available for providers of integrated renovation works, 
such as construction companies,
 where this is not covered by Article 18(3) of Directive (EU) 2018/2001 [amended RED] or Article 26 of Directive (EU) …/….[recast EED].



Article 24

Independent control system


1.   Member States shall ensure that independent control systems for energy performance certificates are established in accordance with Annex VI, and that independent control systems for renovation passports, smart readiness indicators and reports on the inspection of heating and air-conditioning systems are established. Member States may establish separate systems for the control of energy performance certificates, renovation passports, smart readiness indicators and reports on the inspection of heating and air-conditioning systems.


2.   The Member States may delegate the responsibilities for implementing the independent control systems.
Where the Member States decide to do so, they shall ensure that the independent control systems are implemented in compliance with Annex VI.


3.   Member States shall require the energy performance certificates, the renovation passports, the smart readiness indicators and the inspection reports referred to in paragraph 1 to be made available to the competent authorities or bodies on request.



Article 25

Review

The Commission, assisted by the Committee referred to in Article 30, shall review this Directive by the end of 2027 at the latest, in the light of the experience gained and progress made during its application, and, if necessary, make proposals.
As part of that review, the Commission shall:








(a)




assess whether the application of this Directive in combination with other legislative instruments addressing energy efficiency and greenhouse gas emissions from buildings, 
in particular
 through carbon pricing, deliver sufficient progress towards achieving a fully decarbonised, zero-emission building stock by 2050, or whether further binding measures at Union level, in particular mandatory minimum energy performance standards across the whole building stock, need to be introduced;












(b)






assess the adequate legal instrument, level and timeline of reduction targets for the Union building stock life-cycle GWP, on the basis of the harmonised framework referred to in Article 1(2), point (da);














(c)






determine how to take into account in all measures at Union level a holistic approach at all spatial scales, including landscape architecture, urban planning, infrastructure, and design, thus promoting a sustainable built environment.






The Commission shall ▌examine in what manner Member States 
have applied
 integrated district or neighbourhood approaches in Union building and energy efficiency policy, while ensuring that each building meets the minimum energy performance requirements, 
and including how such approaches can be used to meet Union standards
 by means of 
IRPs
 applying to a number of buildings in a spatial context instead of a single building.


Article 26

Information


1.   Member States shall 
prepare and carry out information and awareness-raising campaigns on an ongoing basis in order to promote public interest and support for the improvement of energy efficiency of buildings and the achievement of the objectives of this Directive. They shall
 take the necessary measures to inform the owners 
and
 tenants of buildings or building units and all relevant market actors
, including local and regional authorities and energy communities,
 of the different methods and practices that serve to enhance energy performance
, such as energy management services, energy performance contracting, and the one-stop shops established pursuant to Article 15a
. In particular, Member States shall take the necessary measures to provide tailor-made information to vulnerable households. 
That information shall also be passed through local authorities and civil society organisations
.


Member States shall inform the owners, tenants and facility managers of buildings of the different methods and practices that serve to enhance the energy and emission performance, fire, electrical, and seismic safety of a building.




2.   Member States shall in particular provide information to the owners or tenants of buildings on energy performance certificates, including their purpose and objectives, on 
cost-optimal
 measures and, where appropriate, financial instruments, to improve the energy performance of the building, and on replacing fossil fuel boilers with more sustainable alternatives. Member States shall provide the information through accessible and transparent advisory tools such as renovation advice and 
the
 one-stop shops 
established pursuant to Article 15a, paying particular attention to vulnerable households
.
At the request of the Member States, the Commission shall assist Member States in staging information campaigns for the purposes of paragraph 1 and the first subparagraph of this paragraph, which may be dealt with in Union programmes.


3.   Member States shall ensure that guidance and training, 
including a gender perspective
, are made available, for those responsible for implementing this Directive. Such guidance and training shall address the importance of improving energy performance, and shall enable consideration of the optimal combination of improvements in energy efficiency, reduction of greenhouse gas emissions, use of energy from renewable sources and use of district heating and cooling when planning, designing, building and renovating industrial or residential areas. Such guidance and training 
shall
 also address structural improvements, adaptation to climate change, fire safety, risks related to intense seismic activity, the removal of hazardous substances including asbestos, air pollutant emissions (including fine particulate matter), 
indoor environmental quality
 and accessibility for persons with disabilities. 
Member States shall endeavour to allocate funding for training to local and regional authorities, renewable energy communities and citizen energy communities that promote energy performance improvements, energy efficiency, renewable energy and the reduction of greenhouse gas emissions at a neighbourhood level and in particular, to vulnerable households.




4.   The Commission 
shall
 continuously improve its information services, in particular the website that has been set up as a European portal for energy efficiency in buildings directed towards citizens, professionals and authorities, in order to assist Member States in their information and awareness-raising efforts. Information displayed on that website might include links to relevant ▌Union 
law
 and national, regional and local 
rules
, links to Europa websites that display the National Energy Efficiency Action Plans, links to available financial instruments, as well as best practice examples at national, regional and local level
, including with regard to the one-stop shops established pursuant to Article 15a.
 In the context of the European Regional Development Fund, the Cohesion Fund and the Just Transition Fund
, the Social Climate Fund, and the Recovery and Resilience Facility
, the Commission shall continue and further intensify its information services with the aim of facilitating the use of available funds by providing assistance and information, 
including through the European Local Energy Assistance facility in cooperation with the European Investment Bank
 to interested stakeholders, including national, regional and local authorities, on funding possibilities, taking into account the 
latest changes in the regulatory framework.





Article 27

Consultation

In order to facilitate the effective implementation of this Directive, Member States shall consult the stakeholders involved, including local and regional authorities, in accordance with the national legislation applicable and as relevant. Such consultation is of particular importance for the application of Article 26.


Article 28

Adaptation of Annex I to technical progress

The Commission shall adopt delegated acts in accordance with Article 29:






(a)




amending this Directive by adapting
 points 4 and 5 of Annex I to technical progress; 
and














(b)






Supplementing this Directive by including guidance to Members States about the assessment of the energy performance of transparent building elements that form part of the building envelope
.






Article 29

Exercise of the delegation


1.   The power to adopt delegated acts is conferred on the Commission subject to the conditions laid down in this Article.


2.   The power to adopt delegated acts referred to in Articles 
6
 7, 10, 
11a, 13, 14(4a), 15
 and 28 shall be conferred on the Commission for 
an
 indeterminate period of time from … [date of entry into force of this Directive].


3.   The delegation of power referred to in Articles 6,
7
, 10, 
11a,
 13
, 14(4a), 15
 and 28 may be revoked at any time by the European Parliament or by the Council. A decision to revoke shall put an end to the delegation of the power specified in that decision. It shall take effect the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force.


4.   Before adopting a delegated act, the Commission shall consult experts designated by each Member State in accordance with the principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law-Making.


5.   As soon as it adopts a delegated act, the Commission shall notify it simultaneously to the European Parliament and to the Council.


6.   A delegated act adopted pursuant to Article 6, 7, 10, 
11a,
 13, 
14(4a),
 15, or 28 shall enter into force only if no objection has been expressed either by the European Parliament or the Council within a period of two months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by two months at the initiative of the European Parliament or of the Council.



Article 30

Committee procedure


1.   The Commission shall be assisted by a committee. That committee shall be a committee within the meaning of Regulation (EU) No 182/2011.


2.   Where reference is made to this paragraph, Article 4 of Regulation (EU) No 182/2011 shall apply.


3.   Where reference is made to this paragraph, Article 5 of Regulation (EU) No 182/2011 shall apply.

▌




Article 32

Transposition


1.   Member States shall, bring into force the laws, regulations and administrative provisions necessary to comply with Articles 1 to 3, 5 to 26, 29 and 32 and Annexes I to III and V to IX by … [
24 months after the date of entry into force of this Directive].
 They shall immediately communicate the text of those measures and a correlation table to the Commission.
When Member States adopt those measures, they shall contain a reference to this Directive or be accompanied by such a reference on the occasion of their official publication. They shall also include a statement that references in existing laws, regulations and administrative provisions to the Directive repealed by this Directive shall be construed as references to this Directive. Member States shall determine how such reference is to be made and how that statement is to be formulated.


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



Article 33

Repeal

Directive 2010/31/EU, as amended by the acts listed in Annex VIII, Part A, is repealed with effect from […], without prejudice to the obligations of the Member States relating to the time-limits for the transposition into national law and the dates of application of the Directives set out in Annex VIII, Part B.
References to the repealed Directive shall be construed as references to this Directive and shall be read in accordance with the correlation table in Annex IX.


Article 34

Entry into force

This Directive shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.
Articles 4, 27, 28, 30, 31 and 33 to 35 and Annex IV shall apply from [the day after the date of transposition/24 months after the date of entry into force 
of this Directive
 plus 1 day].


Article 35

Addressees

This Directive is addressed to the Member States.




Done at,

For the European Parliament

The President



For the Council

The President










ANNEX I




Common general framework for the calculation of energy performance of buildings



(referred to in Article 4)


1.   
The energy performance of a building shall be determined on the basis of calculated or metered energy use and shall reflect typical energy use for space heating, space cooling, domestic hot water, ventilation, built-in lighting and other technical building systems. Member States shall ensure that the typical energy use is representative of actual operating conditions for each relevant typology and reflects the typical user behaviour. ▌ Typical energy use and typical user behaviour shall be based on available national statistics, building codes and metered data.
Where metered energy is the basis for calculating the energy performance of buildings, the calculation methodology shall be capable of identifying the influence of the behaviour of occupants and the local climate, which shall not be reflected in the result of the calculation. Metered energy to be used for the purposes of calculating the energy performance of buildings shall require readings of at least hourly intervals and must differentiate between energy carriers.
Member States may use metered energy consumption under typical operating conditions to verify the correctness of the calculated energy use and enable comparison between calculated and actual performance. Metered energy consumption for the purposes of verification and comparison may be based on monthly readings.
The energy performance of a building shall be expressed by a numeric indicator of primary energy use per unit of reference floor area per year, in kWh/(m2.y) for the purpose of both energy performance certification and compliance with minimum energy performance requirements. 
Numeric indicators of final energy use per unit of reference floor area per year, in kWh/(m2.y) and of energy needs according to ISO 52000 in kWh/(m2.y) shall be used.
 The methodology applied for the determination of the energy performance of a building shall be transparent and open to innovation 
and reflect best practices, in particular from additional indicators
.
Member States shall describe their national calculation methodology based on Annex A of the key European standards on energy performance of buildings, namely EN ISO 52000-1, EN ISO 52003-1, EN ISO 52010-1,EN ISO 52016-1, EN ISO 52018-1,EN 16798-1, 
EN 52120-1
 and EN 17423 or superseding documents. This provision shall not constitute a legal codification of those standards.
Member States shall take the necessary measures to ensure that, where buildings are supplied by district heating or cooling systems, the benefits of such supply are recognised and accounted for in the calculation methodology 
in particular the renewable energy share
 through individually certified or recognised primary energy factors.


2.   
The energy needs and energy use for space heating, space cooling, domestic hot water, ventilation, lighting and other technical building systems shall be calculated using hourly or sub-hourly time calculation intervals in order to account for varying conditions that significantly affect the operation and performance of the system and the indoor conditions, and to optimise 
costs
, health, indoor 
environmental
 quality and comfort levels defined by Member States at national or regional level. 
The calculation shall include an estimation of the thermal responsiveness of the building and its capacity to offer flexibility to the energy grid.


Where product-specific regulations for energy-related products adopted under Regulation 2009/125/EC include specific product information requirements for the purpose of the calculation of energy performance 
and life-cycle GWP
 under this Directive, national calculation methods shall not require additional information.
The calculation of primary energy shall be based on 
dynamic and forward-looking
 primary energy factors, (distinguishing non-renewable, renewable and total) per energy carrier, which have to be recognised by the national authorities 
and taking into account the expected energy mix on the basis of its national energy and climate plan
. Those primary energy factors may be based on national, regional or local information. Primary energy factors may be set on an annual, seasonal, monthly, daily or hourly basis or on more specific information made available for individual district systems
▌The choices made and data sources shall be reported according to EN 17423 or any superseding document. Member States 
shall use a
 primary energy factor for electricity ▌reflecting the electricity mix in the country. 
When defining those factors, Member States shall ensure that the optimal energy performance of the building envelope is pursued.




3.   

For the purpose of expressing the energy performance of a building, Member States 
shall
 define additional numeric indicators of total, non-renewable and renewable primary energy use, and of operational 
and embodied
 greenhouse gas emissions produced in kgCO2eq/(m2.y) 
over the expected service life of the building
.





3a.
   



In the calculation of the primary energy factors for the purpose of calculating the energy performance of buildings, Member States may take into account renewable energy sources supplied and renewable energy sources that are generated and used onsite.





4.   
The methodology shall be laid down taking into consideration at least the following aspects:






(a)


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






(i)


thermal capacity;










(ii)


insulation;










(iii)


passive heating;










(iv)


cooling elements;










(v)


thermal bridges;














(b)


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













(ba)






capacity of installed on-site renewables, bidirectional electric vehicle charging infrastructure, demand-response and storage;












(c)


air-conditioning installations;










(d)


natural and mechanical ventilation which may include air-tightness 
and heat recovery
;










(e)


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










(f)


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










(g)


passive solar systems and solar protection;










(h)


indoor climatic conditions, including the designed indoor climate;










(i)


internal loads;












(ia)






building automation and control systems and their capabilities to monitor, control and optimise energy performance;














(ib)






efficiency of electrical installations (IEC EN 60364-8-1).








5.   
The positive influence of the following aspects shall be taken into account:






(a)


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










(b)


electricity produced by cogeneration;










(c)


district or block heating and cooling systems;










(d)


natural lighting;












(da)






demand-side flexibility capability (EN 50491-12-1)
.






6.   
For the purpose of the calculation buildings should be adequately classified into the following categories:






(a)


single-family houses of different types;










(b)


apartment blocks;










(c)


offices;










(d)


educational buildings;










(e)


hospitals;










(f)


hotels and restaurants;










(g)


sports facilities;










(h)


wholesale and retail trade services buildings;










(i)


other types of energy-consuming buildings











ANNEX II





                           TEMPLATE FOR THE NATIONAL BUILDING RENOVATION PLANS
                        


(referred to in Article 3)







EPBD Article 3


Mandatory Indicators


Optional Indicators / comments










(a)


Overview of the national building stock






Number of buildings and total floor area (m2):






—


per building type (including public buildings and social housing)










—


per energy performance class










—


NZEB










—


worst-performing (including a definition classes E, F, G)






Overview of energy source types for space and water heating, cooling and estimated obsolesence dates of heating and cooling systems








—




annual replacement rates for heating and cooling appliances for space and water heating and cooling












—




- number and type of appliances replaced every year (over the previous 5 years covered by the plan);












—




type of appliances newly installed








Overview of the total share, number and location of unoccupied buildings, and vacant properties in common-property buildings




Number of buildings categorised as officially protected as part of a designated environment or because of their special architectural or historical merit as compared to 2020.




Number of buildings and total floor area (m2):






—


per building age










—


per building size










—


per climatic zone










—


demolition (number and total floor area)








Number of energy performance certificates:






—


per building type (including public buildings)










—


per energy performance class






Number of energy performance certificates:






—


per construction period








Annual renovation rates: number and total floor area (m2)






—


per building type










—


to nearly zero-energy 
and to zero-emission
 building levels










—


per renovation depth (weighted average renovation)










—


deep renovations










—


public buildings






 




Primary and final annual energy consumption (ktoe) and 
(annual demand in ktoe and seasonal peak demand in GWh/day):








—


per building type










—


per end use




Energy savings (Ktoe):






—


per building type










—


public buildings




Share of renewable energy in the building sector (MW generated):






—


for different uses










—


on-site










—


off-site






Reduction in energy costs (EUR) per household (average)
Primary energy demand of a building corresponding to the top 15 % (substantial contribution threshold) and the top 30 % (do no significant harm threshold) of the national building stock, as per the EU Climate Taxonomy Delegated Act
Share of heating system in the building sector per boiler/heating system type




Annual 
operational
 greenhouse gas emissions (kgCO2eq/(m2.y):






—


per building type (including public buildings)




Annual 
operational
 greenhouse gas emission reduction (kgCO2eq/(m2.y):






—


per building type (including public buildings)






Annual life-cycle GWP (kgCO2eq/(m2.y)):








—




— per building type








Annual life-cycle GWP reduction (kgCO2eq/(m2.y)):








—




— per building type








 




Market barriers and failures (description):






—


Split incentives










—


Capacity of construction and energy sector




Overview of the capacities in the construction, energy efficiency and renewable energy sectors


Number of:








—




energy service companies












—




construction companies












—




architects and engineers












—




skilled workers












—




mircoenterprises and SMEs in the construction/renovation sector












—




training programmes and facilities focused on energy renovation












—




one-stop shops per 45 000  inhabitants












—




renewable energy communities and citizen energy communities








Market barriers and failures (description):






—


Administrative










—


Financial










—


Technical










—


Awareness










—


Other




Projections of the construction workforce:






—


Architects/engineers/skilled workers retired










—


Architects/engineers/skilled workers entering the market










—




installers and/or installation companies of heating systems












—




maintenance personnel of heating systems












—


Young people in the sector










—


Women in the sector




Overview and forecast of the evolution of prices of construction materials and national market developments




Energy poverty 
(disaggregated by gender)
:






—


% of people affected by energy poverty










—


proportion of disposable household income spent on energy










—


population living in inadequate dwelling conditions (e.g. leaking roof) or with inadequate thermal comfort conditions






 




Primary energy factors:






—


per energy carrier










—


non-renewable primary energy factor










—


renewable primary energy factor










—


total primary energy factor






 




Definition of nearly-zero energy building for new and existing buildings


Description of regions belonging to which climatic zone in accordance with Annex III and number of zero emission buildings per climate zone




an overview of the legal and administrative framework




Cost-optimal minimum requirements for new and existing buildings


 










(b)


Roadmap for 2030, 2040, 2050






Targets for annual renovation rates: number and total floor area (m2):






—


per building type










—


worst-performing










—




deep renovations








Targets for expected share (%) of renovated buildings:








—




per building type












—




per renovation depth












—




per measures for building elements that form part of the building envelope and technical building systems, that have a significant impact of the energy performance of the building








 




Target for expected primary and final annual energy consumption (ktoe) and 
annual demand in ktoe and seasonal peak demand in GWh/day
:






—


per building type










—


per end use




Expected energy savings:






—


per building type










—




share of energy from renewable sources in the building sector (MW generated)












—




numerical targets for the deployment of solar energy and heat pumps in buildings








Targets for the replacement of old and inefficient heaters;




Targets for phasing out fossil fuels from heating and cooling systems








 




per building type












 




as a proportion of total renovation












 




for building achieving over EPC D rating








Milestones and trajectories for buildings to achieve the performance classes pursuant to Article 9(1) and higher energy performance classes in line with the climate neutrality goal




Targets for increase of share of renewable energy in line with the target for the share of energy from renewable sources in the building sector set out in Directive (EU) …/… [amended RED]




Targets for the decarbonisation of heating and cooling, including through district heating and cooling networks using renewable energy and waste heat in line with the requirements set in Articles 23 and 24 of Directive (EU) …/… [amended EED] and requirements set in Articles 15, 15a, 20, 23 and 24 that Directive.




 




Targets for expected 
operational
 greenhouse gas emissions (kgCO2eq/(m2.y):






—


per building type






Targets for expected whole life-cycle greenhouse gas emission (kgCO2eq/(m2.y) with five year milestones:








—




per building type








Targets for expected whole life-cycle greenhouse gas emission reduction (%) with five year milestones:








—




per building type








Targets aligned to Regulation (EU) No 305/2011for circular use of materials, recycled contents and secondary materials, and sufficiency with five year milestones, if any




Targets to increase carbon removals associated to the temporary storage of carbon in or on buildings




Split between emissions covered by Chapter III [stationary installations], Chapter IVa [new emissions trading for buildings and road transport] of Directive 2003/87/EC, and other stock;




Expected wider benefits






—


Creation of new jobs










—


% reduction of people affected by energy poverty










—




% reduction of people living in inadequate indoor environment and reduction of costs for health systems due to health improvements through improved indoor environmental quality after renovation












—




resource efficiency, including efficiency of water usage














—


Increase of GDP (share and billion Euros)








Contribution to Member State's binding national target for greenhouse gas emissions pursuant to [revised Effort Sharing Regulation]


 






Contribution to the Union’s energy efficiency targets in accordance with Directive (EU) …/…. [recast EED] (share and figure in ktoe, primary and final consumption):








—




against the overall energy efficiency target








 




Contribution to the Union’s renewable energy targets in accordance with Directive (EU) 2018/2001 [amended RED] (share, MW generated):






—


against the overall target for energy from renewable sources










—


against the ▌ target for the share of energy from renewable sources in the building sector






 




Contribution to Union’s 2030 climate target and 2050 climate neutrality goal in accordance with Regulation (EU) 2021/1119 (share and figure in (kgCO2eq/(m2.y)):






—


against the overall decarbonisation target






 










(c)


Overview of implemented and planned policies and measures






Policies and measures with regard to the following elements:






(a)


the identification of cost-
optimal
 approaches to renovation for different building types and climatic zones, considering potential relevant trigger points in the lifecycle of the building;










(b)


national minimum energy performance standards pursuant to Article 9 and other policies and actions to target the worst-performing segments of the national building stock;










(c)


the promotion of deep renovation of buildings, including staged deep renovation;












(ca)






high indoor environmental quality both in new and renovated buildings;












(d)


empowering and protecting vulnerable customers and the alleviation of energy poverty, including policies and measures pursuant to Article 22 of Directive (EU) …/… [recast EED], and housing affordability;










(e)


the creation of one-stop shops or similar mechanisms for the provision of technical, administrative and financial advice and assistance;










(f)


the decarbonisation of heating and cooling, including through 
efficient
 district heating and cooling networks 
in alignment with [revised EED],
 and the phase out of fossil fuels in heating and cooling 
in buildings
 with a view to a 
planned
 phase-out by 
2035 and, if not feasible as demonstrated to the Commission, by 2040 at the latest(fa) the roadmap to the phase out of fossil fuel use in buildings by 2035 and if not feasible as demonstrated to the Commission, by 2040 at the latest;











(g)


the promotion of renewable energy sources in buildings in line with the target for the share of energy from renewable sources in the building sector set in Article 15a(1) of Directive (EU) 2018/2001 [amended RED];












(ga)






the deployment of solar energy installations on buildings;












(h)


the reduction of whole life-cycle greenhouse gas emissions for the construction, renovation, operation and end of life of buildings, and the uptake of carbon removals;












(ha)






the reduction of the overall environmental footprint of all parts and components of buildings, including through the use of sustainable, secondary, preferably locally sourced construction and renovation products;












(i)


prevention and high-quality treatment of construction and demolition waste in line with Directive 2008/98/EC, 
in particular
 as regards the waste hierarchy, and the objectives of the circular economy;












(ia)






increase in the coverage of the building stock with energy performance certificates including towards low income households;












(j)


district and neighbourhood approaches, including the role of renewable energy communities and citizen energy communities;










(k)


the improvement of buildings owned by public bodies, including policies and measures pursuant to Articles 5, 6 and 7 of the [recast EED];










(l)


the promotion of smart technologies and infrastructure for sustainable mobility in buildings;










(m)


addressing market barriers and market failures;










(n)


addressing skills gaps and mismatches in human capacities, and promoting education, training, upskilling and reskilling in the construction, sector and energy efficiency and renewable energy sectors 
including with a gender dimension
; and












(na)






Key performance indicators for upskilling and/or reskilling actions, as well as jobs created












(o)


awareness raising campaigns and other advisory tools.












(oa)






new the promotion of smart technologies for monitoring, analysis and simulation of buildings’ energy performance across the whole-life cycle, including 3D modelling technologies;














(ob)






new inspection schemes including digital tools and checklists, to verify compliance with Building Automation and Control capabilities;














(oc)






the promotion of energy management solutions, such as Energy Performance Contracts (EnPCs);














(od)






measures to increase the coverage of the building stock with energy performance certificates or alternative real time measurement systems;














(oe)






new development and support of citizen-led energy efficiency and renovation initiatives, in particular the role of renewable energy communities and citizen energy communities;






For all policies and measures:






—


Name of policy or measure










—


Short description (precise scope, objective and modalities of operation)










—


Quantified objective










—


Type of policy or measure (such as legislative; economic; fiscal; training, awareness)










—


Planned budget and funding sources










—


Entities responsible for implementing the policy










—


Expected impact










—


Status of implementation










—


Date of entry into force










—


Implementation period






Policies and measures with regard to the following elements:






(a)


the increase of climate resilience of buildings;










(b)


the promotion of the energy services market;










(c)


the increase of fire safety;










(d)


the increase of resilience against disaster risks, including risks related to intense seismic activity;










(e)


the removal of hazardous substances including asbestos; and










(f)


accessibility for persons with disabilities.




For all policies and measures:






—


administrative resources and capacities










—


area(s) covered:






—


worst-performing










—


minimum energy performance standards










—


energy poverty, social housing










—


public buildings










—


residential (single-family, multi family)










—


non-residential










—


industry










—


renewable energy sources










—


phase-out of fossil fuels in heating and cooling










—


whole life-cycle greenhouse gas emissions










—


circular economy and waste










—


one-stop shops










—


renovation passports










—


smart technologies










—


sustainable mobility in buildings










—


district and neighbourhood approaches










—


skills, training










—


awareness campaigns and advisory tools














—




Indicating the number of people being trained within the construction industry in their Member State;












—




Geographic coverage of vocational education and training (VETs)












—




Number of companies that provide training and apprenticeships












—




Participation of women and youth in VET and apprenticeships programs












—




Apprenticeship and VET programmes started and completed












—




Number of awareness raising campaigns for VET opportunities completed
















(d)




Detailed roadmap
 of the investment needs, the budgetary sources and the administrative resources












—


Total investment needs for 2030, 2040, 2050 (million EUR)










—


Public investments (million EUR)










—


Private investments (million EUR), 
including energy efficiency loans, mortgages for building renovation, bond issuance or other financing mechanisms












—


Budgetary resources










—


Secured budget






 












(da)






roadmap on energy poverty














—




targets for reducing energy poverty rates












—




number of households in energy poverty












—




list implemented and planned policies to reduce energy poverty












—




list of implemented and planned funding measures to reduce energy poverty








 










ANNEX III




Requirements for new and renovated zero-emission buildings and calculation of life-cycle GWP



(referred to in Article 2(2) and Article 7)


I.   
Requirements for zero-emission buildings
The total annual primary energy use of a new zero-emission building shall comply with the maximum thresholds indicated in the table below.


Member States may choose to classify internal regions in different climatic zones on the basis of Eurostat data on climatic conditions, in so far as it complies with the table below.










 


requirements for 
existing
 buildings





EU climatic zone▌




Residential building




Office building




Other non-residential building
 (*2)





Mediterranean


<60 kWh/(m2.y)


<70 kWh/(m2.y)


< NZEB total primary energy use defined at national level




Oceanic


<60 kWh/(m2.y)


<85 kWh/(m2.y)


< NZEB total primary energy use defined at national level




Continental


<65 kWh/(m2.y)


<85 kWh/(m2.y)


< NZEB total primary energy use defined at national level




Nordic


<75 kWh/(m2.y)


<90 kWh/(m2.y)


< NZEB total primary energy use defined at national level




The total annual primary energy use of a new or renovated zero-emission building shall be fully covered, on a net annual 
or seasonal
 basis, by






—


energy from renewable sources generated 
or stored
 on-site and fulfilling the criteria of Article 7 of Directive (EU) 2018/2001 [amended RED],










—




energy for self-consumption and joined self-consumption within the meaning of Directive (EU) 2018/2001 [amended RED] or local sharing of
 renewable energy 
production, including through a third-party market actor, or
 from a renewable energy community within the meaning of Article 22 of Directive (EU) 2018/2001 [amended RED], or










—


renewable energy from 
district heating and cooling system or waste heat.






A zero-emission building shall not cause any on-site carbon emissions from fossil fuels.


Where
, due to the nature of the building or lack of access to renewable energy communities or 
renewable energy from
 district heating and cooling systems 
or waste heat
, it is technically 
or economically
 not feasible to 
fully comply with
 the requirements under the first paragraph, 
the remaining share or all of
 the total annual primary energy use may also be covered by 
renewable
 energy from the grid, 
documented with power purchase agreements and renewable heating and cooling purchase agreements as referred to in Directive (EU) 2018/2001 [amended RED], or energy from an efficient district heating and cooling system in accordance with Article 24(1) of Directive (EU) …/… [recast EED]. The Commission shall issue guidance on how to implement and verify the above
 criteria 
with special attention to technical and economical feasibility
. [Am. 67]



II.   
Calculation of life-cycle ▌GWP ▌of new buildings pursuant to Article 7(2).
For the calculation of the life-cycle ▌GWP ▌ of new buildings pursuant to Article 7(2), the GWP is communicated as a numeric indicator for each life-cycle stage expressed as kgCO2e/m2 (of useful floor area) averaged for one year of a reference study period of 50 years. The data selection, scenario definition and calculations shall be carried out in accordance with EN 15978 (EN 15978:2011. Sustainability of construction works. Assessment of environmental performance of buildings. Calculation method). The scope of building elements and technical equipment is as defined in the Level(s) common EU framework for indicator 1.2. Where a national calculation tool exists, or is required for making disclosures or for obtaining building permits, that tool may be used to provide the required disclosure Other calculation tools may be used if they fulfill the minimum criteria laid down by the Level(s) common EU framework data regarding specific construction products and 
technical building systems as well as
 their 
environmental product declarations
, 
and
 calculated in accordance with [revised Construction Products Regulation] shall be used when available.







ANNEX IV




COMMON GENERAL FRAMEWORK FOR RATING THE SMART READINESS OF BUILDINGS



1.   
The Commission shall establish the definition of the smart readiness indicator and a methodology by which it is to be calculated, in order to assess the capabilities of a building or building unit to adapt its operation to the needs of the occupant and of the grid and to improve its energy efficiency and overall performance.
The smart readiness indicator shall cover features for enhanced energy savings, benchmarking and flexibility, enhanced functionalities and capabilities resulting from more interconnected and intelligent devices.


The methodology shall take into account the existence of a digital twin of the building allowing a better ongoing reporting and management of the building’s energy consumption.


The methodology shall take into account features such as smart meters, building automation and control systems, self-regulating devices for the regulation of indoor air temperature, built-in home appliances, recharging points for electric vehicles, energy storage and detailed functionalities and the interoperability of those features, as well as benefits for the indoor climate condition, energy efficiency, performance levels and enabled flexibility.


2.   
The methodology shall rely on 
the following
 key functionalities relating to the building and its technical building systems:






(a)


the ability to maintain energy performance and operation of the building through the adaptation of energy consumption for example through use of energy from renewable sources;










(b)


the ability to adapt its operation mode in response to the needs of the occupant while paying due attention to the availability of user-friendliness, maintaining healthy indoor climate conditions and the ability to report on energy use; and










(c)


the flexibility of a building’s overall 
energy
 demand, including its ability to enable participation in active and passive as well as implicit and explicit demand response, 
and through storing and releasing energy back
 to the grid, for example through flexibility and load shifting capacities 
and energy storage;














(ca)






the ability to improve its energy efficiency and overall performance through the use of energy saving technologies.








3.   
The methodology may further take into account:






(a)


the interoperability between systems (smart meters, building automation and control systems, built-in home appliances, self-regulating devices for the regulation of indoor air temperature within the building and indoor air quality sensors and ventilations); and










(b)


the positive influence of existing communication networks, in particular the existence of high-speed-ready in-building physical infrastructure, such as the voluntary ‘broadband ready’ label, and the existence of an access point for multi-dwelling buildings, in accordance with Article 8 of Directive 2014/61/EU of the European Parliament and of the Council 2.






4.   

The methodology shall not negatively affect existing national energy performance certification schemes and shall build on related initiatives at national level, while taking into account the principle of occupant ownership, data protection, privacy and security, in compliance with relevant Union data protection and privacy law as well as best available techniques for cyber security.



5.   

The methodology shall set out the most appropriate format of the smart readiness indicator parameter and shall be simple, transparent, and easily understandable for consumers, owners, investors and demand-response market participants.







ANNEX V



TEMPLATE FOR ENERGY PERFORMANCE CERTIFICATES



(referred to in Article 16)


1.   
On its front page, the energy performance certificate shall display at least the following elements:






(a)


the energy performance class;










(b)


the calculated annual primary energy use in kWh/(m2 year);










(c)


the calculated annual primary energy consumption in kWh or MWh;










(d)


the calculated annual final energy use in kWh/(m2 year);










(e)


the calculated annual final energy consumption in kWh or MWh;










(f)


renewable energy production in kWh or MWh;










(g)


renewable energy in % of energy use;










(h)


operational greenhouse gas emissions (kg CO2/(m2 year));










(i)


the greenhouse gas emission class (if applicable);












(ia)






the calculated energy needs in accordance with EN standards in kWh/(m2.y) and final energy consumption in kWh or MWh;














(ib)






expected remaining economic lifetime of the space and water heating and/or cooling systems and appliances;














(ic)






a clear mention indicating whether or not the current building or dwelling can flexibly use energy.








2.   
In addition, the energy performance certificate 
shall
 include the following indicators:






(a)


energy use, peak load, size of generator or system, main energy carrier and main type of element for each of the uses: heating, cooling, domestic hot water, ventilation and in-built lighting;










(b)


renewable energy produced on site, main energy carrier and type of renewable energy source;










(c)


a yes/no indication whether a calculation of the 
life-cycle GWP
 has been carried out for the building;










(d)


the value of the life-cycle 
GWP
 (if available);










(e)


information on carbon removals associated to the temporary storage of carbon in or on buildings;










(e)


a yes/no indication whether a renovation passport is available for the building;










(f)


the average U-value for the opaque elements of the building envelope;










(g)


the average U-value for the transparent elements of the building envelope;










(h)


type of most common transparent element (e.g. double glazed window);










(i)


results of the analysis on overheating risk (if available);










(j)


the presence of fixed sensors that monitor the levels of indoor 
environmental
 quality;










(k)


the presence of fixed controls that respond to the levels of indoor 
environmental
 quality;










(l)


number and type of charging points for electric vehicles;










(m)


presence, type and size of energy storage systems;










(n)


feasibility of adapting the heating system 
and domestic hot water system
 to operate at more efficient temperature settings;










(o)


feasibility of adapting the air-conditioning system to operate at more efficient temperature settings;










(p)


metered energy consumption;












(pa)






a yes/no indication whether the heat distribution system inside the building is designed to work at low temperature levels;














(pb)






the presence of a connection to a district heating and cooling network, including up-coming the evolution of nearby energy grids within the following five years;














(pc)






local primary energy factors and related carbon emission factors of the connected local district heating and cooling network;












(q)


operational fine particulate matter (PM2,5) emissions and 
performance indicators for the main categories of indoor environmental quality once the relevant provisions apply;














(qa)






a yes/no indication whether the building has demand side flexibility capabilities;














(qb)






contact details of the closest one-stop shop for renovation advice;






The energy performance certificate 
shall
 include the following links with other initiatives 
in so far as the following
 apply ▌:






(a)


a yes/no indication whether an smart readiness assessment has been carried out for the building;










(b)


the value of the smart readiness assessment (if available)
, including the value of supporting energy saving technologies
;










(c)


a yes/no indication whether a digital building logbook is available for the building.
Persons with disabilities shall have equal access to the information in energy performance certificates.








2 a.
   



The energy performance certificate shall include a dedicated section on financing, listing available financing options and grouping indicators most relevant to financial institutions, mortgage providers, national promotional banks and other relevant institutions providing access to funding.









ANNEX VI



INDEPENDENT CONTROL SYSTEMS FOR ENERGY PERFORMANCE CERTIFICATES



1.   
Definition of quality of energy performance certificate
Member States shall provide a clear definition of what is considered a valid energy performance certificate.
The definition of a valid energy performance certificate shall ensure:






(a)


a validity check of the input data (including on-site checks) of the building used to issue the energy performance certificate and the results stated in the certificate;










(b)


the validity of the calculations;










(c)


a maximum deviation for the energy performance of a building, preferably expressed by the numeric indicator of primary energy use (kWh/(m2 year));










(d)


a minimum number of elements differing from default or standard values.




Member States may include additional elements in the definition of a valid energy performance certificate, such as maximum deviation for specific input data values.


2.   
Quality of the control system for energy performance certificates
Member States shall provide a clear definition of the quality objectives and the level of statistical confidence that the energy performance certificate framework should achieve. The independent control system shall ensure at least 90 % of valid issued energy performance certificates with a statistical confidence of 95 % for the evaluated period, which shall not exceed one year.
The level of quality and the level of confidence shall be measured using random sampling and shall account for all elements provided in the definition of a valid energy performance certificate. Member States shall require third-party verification for the evaluation of at least 25 % of the random sample when the independent control systems have been delegated to non-governmental bodies.
The validity of the input data shall be verified with information provided by the independent expert. Such information may include product certificates, specifications or building plans that include details on the performance of the different elements included in the energy performance certificate.
The validity of the input data shall be verified by on-site visits in at least 10 % of the energy performance certificates that are part of the random sampling used to assess the overall quality of the scheme.
In addition to the minimum random sampling to determine the overall level of quality, Member States may use different strategies to specifically detect and target poor quality in energy performance certificates with the objective to improve the overall quality of the scheme. Such targeted analysis cannot be used as the basis to measure the overall quality of the scheme.
Member States shall deploy pre-emptive and reactive measures to ensure the quality of the overall energy performance certificate framework. Those measures may include additional training for independent experts, targeted sampling, obligation to re-submit energy performance certificates, proportional fines and temporary or permanent bans for experts.
Where information is added to a database it shall be possible for national authorities to identify the originator of the addition, for monitoring and verification purposes.


3.   
Availability of energy performance certificates
The independent control system shall verify the availability of energy performance certificates to prospective buyers and tenants in order to ensure that it is possible to consider the energy performance of the building in their decision to buy or rent.
The independent control system shall verify the visibility of the energy performance indicator and class in advertising media.


4.   
Treatment of building typologies
The independent control system shall account for different building typologies, particularly for those building typologies that are most prevalent in the real estate market, such as single residential, multi-residential, offices or retail.


5.   
Public disclosure
Member States shall regularly publish, on the national database on energy performance certificates, at least the following information on the quality system:






(a)


the definition of quality in energy performance certificates;










(b)


quality objectives for the energy performance certificate scheme;










(c)


results of the quality assessment, including number of certificates evaluated and relative size to the total number of issued certificates in the given period (per typology);










(d)


contingency measures to improve the overall quality of energy performance certificates.










ANNEX VII



COMPARATIVE METHODOLOGY FRAMEWORK TO IDENTIFY COST-OPTIMAL LEVELS OF ENERGY PERFORMANCE REQUIREMENTS FOR BUILDINGS AND BUILDING ELEMENTS


The comparative methodology framework shall enable Member States to determine the energy and emission performance of buildings and building elements and the economic aspects of measures relating to the energy and emission performance, and to link them with a view to identifying the cost-optimal level 
to achieve the 2030 emission reduction and climate neutrality goals, as well as a zero emission building stock by 2050 at the latest
.
The comparative methodology framework shall be accompanied by guidelines outlining how to apply that framework in the calculation of cost-optimal performance levels.
The comparative methodology framework shall allow for taking into account use patterns, outdoor climate ▌conditionsand their future changes according to best available climate science, investment costs, building category, maintenance and operating costs (including energy costs and savings), earnings from energy 
exported
, where applicable, environmental, 
economic
 and health externalities of energy use, 
social externalities of building renovations, construction, demolition or the modification of residential area
 and waste management costs, where applicable 
and technological developments
. It should be based on relevant European standards relating to this Directive.


As regards the wider environmental, economic and health externalities of improved building performance, these shall include at least:








—




reduced greenhouse gas emissions from buildings;












—




reduced pollution from buildings and its effects at building and local level, improved air quality;












—




improvement on standards of living and productivity due to better indoor environmental quality resulting in better living and working conditions;












—




reduced costs for health and social security systems;












—




integration of buildings in the energy grid through grid flexibility, including through the use of smart charging points for electric vehicles;












—




increased security of supply through higher energy performance and the deployment of solar technologies on buildings;












—




reduced negative externalities such as avoided cost of carbon emissions, avoided climate change impacts and damage (climate mitigation and adaptation);












—




impact on carbon pricing, including levels, volatility and sensitivity;












—




stimulation of the local, regional and national economies, including local job creation and with a specific focus on microenterprises and SMEs in the construction and renovation sectors.








The environmental, energy, economy and health externalities shall be calculated starting from the report due in 2025.


The Commission shall also provide:






—


guidelines to accompany the comparative methodology framework; those guidelines will serve to enable the Member States to undertake the steps listed below;










—


information on estimated long-term energy 
and green-house gas emission
 price developments 
as well as volatility and sensitivity
.






The energy and emission performance shall be carried out using the calculation methodology on the basis of this Directive.
 For the application of the comparative methodology framework by Member States, general conditions, expressed by parameters, shall be laid down at Member State level. 
The Commission shall issue recommendations to Member States regarding their cost optimality levels and their coherence with the climate trajectories


The comparative methodology framework shall require Member States to:






—


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










—


define energy efficiency measures to be assessed for the reference buildings. Those may be measures for individual buildings as a whole, for individual building elements, or for a combination of building elements;










—


assess the final and primary energy need and resulting emissions of the reference buildings with the defined energy efficiency measures applied;










—


calculate the costs (i.e. the net present value) of the energy efficiency measures (as referred to in the second indent) during the expected economic lifecycle applied to the reference buildings (as referred to in the first indent) by applying the comparative methodology framework principles;










—




calculate the global costs from a financial and macroeconomic perspective.






By calculating the costs of the energy efficiency measures during the expected economic lifecycle, the cost-effectiveness of different levels of minimum energy performance requirements is assessed by the Member States. That will allow the determination of cost-optimal levels of energy performance requirements.





ANNEX VIII



PART A


Repealed Directive with list of the successive amendments thereto
(referred to in Article 33)






Directive 2010/31/EU of the European Parliament and of the Council
(OJ L 153, 18.6.2010, p. 13)


 




Directive (EU) 2018/844 of the European Parliament and of the Council
(OJ L 156, 19.6.2018, p. 75)


only Article 1




Regulation (EU) 2018/1999 of the European Parliament and of the Council
(OJ L 328, 21.12.2018, p. 1)


only Article 53






PART B


Time-limits for transposition into national law and dates of application
(referred to in Article 33)







Directive


Time-limit for transposition


Dates of application




2010/31/EU


9 July 2012


as far as Articles 2, 3, 9, 11, 12, 13, 17, 18, 20 and 27 are concerned, 9 January 2013;
as far as Articles 4, 5, 6, 7, 8, 14, 15 and 16 are concerned, 9 January 2013 with regard to buildings occupied by the public authorities and 9 July 2013 with regard to other buildings




(EU) 2018/844


10 March 2020


 









ANNEX IX







Correlation table




Directive 2010/31/EU


This Directive




Article 1


Article 1




Article 2, point (1)


Article 2, point 1




—


Article 2, point (2)




Article 2, point (2)


Article 2, point (3)




—


Article 2, points (4) and (5)




Article 2, points (3), (3a), (4) and (5)


Article 2, point (6), (7), (8) and (9)




—


Article 2, points (10), (11) and (12)




Article 2, points (6), (7), (8) and (9)


Article 2, points (13), (14), (15) and (16)




—


Article 2, points (17), (18), (19) and (20)




Article 2, point (10)


Article 2, point (21)




—


Article 2, points (22), (23), (24), (25), (26) and (27)




Article 2, points (11), (12), (13) and (14)


Article 2, points (28), (29), (30) and (31)




—


Article 2, points (32), (33), (34), (35), (36) and (37)




Article 2, point (15)


Article 2, point (37)




Article 2, points (15), (15a), (15b), (15c), (16) and (17)


Article 2, points (38), (39), (40), (41), (42) and (43)




Article 2, point (18)


—




Article 2, point (19)


Article 2, point (44)




—


Article 2, points (45), (46), (47), (48), (49), (50), (51), (52), (53), (54), (55), (56) and (57)




Article 2, point (20)


—




Article 2a


Article 3




Article 3


Article 4




Article 4


Article 5




Article 5


Article 6




Articles 6 and 9


Article 7




Article 7


Article 8




—


Article 9




—


Article 10




Article 8(1), (9)


Article 11




Article 8(2) to (8)


Article 12




Article 8(10), (11)


Article 13




—


Article 14




Article 10


Article 15




Article 11


Article 16




Article 12


Article 17




Article 13


Article 18




—


Article 19




Articles 14 and 15


Article 20




Article 16


Article 21




Article 17


Article 22




—


Article 23




Article 18


Article 24




Article 19


Article 25




Article 19a


—




Article 20


Article 26




Article 21


Article 27




Article 22


Article 28




Article 23


Article 29




Article 26


Article 30




Article 27


Article 31




Article 28


Article 32




Article 29


Article 33




Article 30


Article 34




Article 31


Article 35




Annex I


Annex I




—


Annex II




—


Annex III




Annex IA


Annex IV




—


Annex V




Annex II


Annex VI




Annex III


Annex VII




Annex IV


Annex VIII




Annex V


Annex IX








(1)  The matter was referred back for interinstitutional negotiations to the committee responsible, pursuant to Rule 59(4), fourth subparagraph (A9-0033/2023).

(*1)  Amendments: new or amended text is highlighted in bold italics; deletions are indicated by the symbol ▌

(2)  OJ C […], […], p. […].

(3)  OJ C […], […], p. […].

(4)  
            
Position of the European Parliament and of … (not yet published in the Official Journal) and decision of the Council of ….



(5)  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).

(6)  The European Green Deal, COM(2019) 640 final.

(7)  A Renovation Wave for Europe — greening our buildings, creating jobs, improving lives, COM/2020/662 final

(8)  Regulation (EU) 2021/1119 of the European Parliament and of the Council of 30 June 2021 establishing the framework for achieving climate neutrality and amending Regulations (EC) No 401/2009 and (EU) 2018/1999 (‘European Climate Law’) (OJ L 243, 9.7.2021, p. 1).

(9)  
            
Directive 2003/87/EC of the European Parliament and of the Council of 13 October 2003 establishing a system for greenhouse gas emission allowance trading within the Union and amending Council Directive 96/61/EC (OJ L 275, 25.10.2003, p. 32).



(10)  
            
Directive 2012/27/EU of the European Parliament and of the Council of 25 October 2012 on energy efficiency, amending Directives 2009/125/EC and 2010/30/EU and repealing Directives 2004/8/EC and 2006/32/EC (OJ L 315, 14.11.2012, p. 1).



(11)  
            
Directive 2014/94/EU of the European Parliament and of the Council of 22 October 2014 on the deployment of alternative fuels infrastructure (OJ L 307, 28.10.2014, p. 1).



(12)  
            
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).



(13)  
            
Commission Recommendation (EU) 2021/1749 of 28 September 2021 on Energy Efficiency First: from principles to practice — Guidelines and examples for its implementation in decision-making in the energy sector and beyond (OJ L 350, 4.10.2021, p. 9).



(14)  
            
Regulation (EU) No 305/2011 of the European Parliament and of the Council of 9 March 2011 laying down harmonised conditions for the marketing of construction products and repealing Council Directive 89/106/EEC (OJ L 88, 4.4.2011, p. 5).



(15)  
            
Directive 2008/98/EC of the European Parliament and of the Council of 19 November 2008 on waste and repealing certain Directives
 (

OJ L 312, 22.11.2008, p. 3).



(16)  Directive (EU) 2016/2284 of the European Parliament and of the Council of 14 December 2016 on the reduction of national emissions of certain atmospheric pollutants, amending Directive 2003/35/EC and repealing Directive 2001/81/EC (OJ L 344, 17.12.2016, p. 1).

(17)  
            
Directive 2009/125/EC of the European Parliament and of the Council of 21 October 2009 establishing a framework for the setting of ecodesign requirements for energy-related products (OJ L 285 31.10.2009, p. 10). .



(18)  Regulation (EU) 2017/1369 of the European Parliament and of the Council of 4 July 2017 setting a framework for energy labelling and repealing Directive 2010/30/EU (OJ L 198, 28.7.2017, p. 1).

(19)  
            
Regulation (EU) 2021/1060 of the European Parliament and of the Council of 24 June 2021 laying down common provisions on the European Regional Development Fund, the European Social Fund Plus, the Cohesion Fund, the Just Transition Fund and the European Maritime, Fisheries and Aquaculture Fund and financial rules for those and for the Asylum, Migration and Integration Fund, the Internal Security Fund and the Instrument for Financial Support for Border Management and Visa Policy (OJ L 231, 30.6.2021, p. 159).



(20)  
            
Regulation (EU) 2021/241 of the European Parliament and of the Council of 12 February 2021 establishing the Recovery and Resilience Facility (OJ L 57, 18.2.2021, p. 17).



(21)  
            
Regulation (EU)…/… [Regulation of the European Parliament and of the Council establishing a Social Climate Fund as proposed by COM(2021)0568].



(22)  
            
Directive 2009/148/EC of the European Parliament and of the Council of 30 November 2009 on the protection of workers from the risks related to exposure to asbestos at work (OJ L 330, 16.12.2009, p. 28).



(23)  
            
Directive (EU) 2016/2284 of the European Parliament and of the Council of 14 December 2016 on the reduction of national emissions of certain atmospheric pollutants, amending Directive 2003/35/EC and repealing Directive 2001/81/EC (OJ L 344, 17.12.2016, p. 1).



(24)  Regulation (EU) 2021/523 of the European Parliament and of the Council of 24 March 2021 establishing the InvestEU Programme and amending Regulation (EU) 2015/1017 (OJ L 107, 26.3.2021, p. 30).

(25)  
            OJ L 123, 12.5.2016, p. 1.

(26)  Regulation (EU) 2021/240 of the European Parliament and of the Council of 10 February 2021 establishing a Technical Support Instrument (OJ L 57, 18.2.2021, p. 1).

(27)  
            
Regulation (EU) No 305/2011 of the European Parliament and of the Council of 9 March 2011 laying down harmonised conditions for the marketing of construction products and repealing Council Directive 89/106/EEC (OJ L 88, 4.4.2011, p. 5).



(28)  Directive 2008/50/EC of the European Parliament and of the Council of 21 May 2008 on ambient air quality and cleaner air for Europe (OJ L 152, 11.6.2008, p. 1).

(29)  
            
Commission Delegated Regulation (EU) No 244/2012 of 16 January 2012 supplementing Directive 2010/31/EU of the European Parliament and of the Council on the energy performance of buildings by establishing a comparative methodology framework for calculating cost-optimal levels of minimum energy performance requirements for buildings and building elements (OJ L 81, 21.3.2012, p. 18).



(30)  
            
Regulation (EU) 2019/943 of the European Parliament and of the Council of 5 June 2019 on the internal market for electricity (OJ L 158, 14.6.2019, p. 54).



(31)  
            
Directive (EU) 2019/944 of the European Parliament and of the Council of 5 June 2019 on common rules for the internal market for electricity and amending Directive 2012/27/EU (OJ L 158, 14.6.2019, p. 125).



(32)  
            
Regulation (EC) No 1272/2008 of the European Parliament and of the Council of 16 December 2008 on classification, labelling and packaging of substances and mixtures, amending and repealing Directives 67/548/EEC and 1999/45/EC, and amending Regulation (EC) No 1907/2006 (OJ L 353, 31.12.2008, p. 1).



(33)  
            
Commission Recommendation 2003/361/EC of 6 May 2003 concerning the definition of micro, small and medium-sized enterprises (OJ L 124, 20.5.2003, p. 36).



(34)  
            
Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) (OJ L 119, 4.5.2016, p. 1).



(*2)  
            Note: the threshold should be smaller than the threshold for total primary energy use established at the Member State level for nearly zero-energy non-residential buildings type other than offices



ELI: http://data.europa.eu/eli/C/2023/418/oj
ISSN 1977-091X (electronic edition)