EUROPEAN
COMMISSION

Brussels, 15.12.2021
COM(2021) 802 final
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)
{SEC(2021) 430 final} - {SWD(2021) 453 final} - {SWD(2021) 454 final}

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EXPLANATORY MEMORANDUM
1.

CONTEXT OF THE PROPOSAL

•

Reasons for and objectives of the proposal

The revision of the Energy Performance of Buildings Directive (EPBD) is part of the 2021
Commission Work Programme “Fit for 55” package and complements the other components
of the package proposed in July 2021 1, setting the vision for achieving a zero-emission
building stock by 2050. As already indicated in the Climate Action Plan 2, it is a key
legislative instrument to deliver on the 2030 and 2050 decarbonisation objectives. It follows
up on key components of the three focus areas 3 of the Renovation Wave Strategy 4, including
the intention to propose mandatory minimum energy performance standards, following an
impact assessment looking at their scope, timeline, phasing in and accompanying support
policies. Given the need for appropriate consultation and impact assessment processes, the
proposed revision could only come slightly later than the first set of “Fit for 55” initiatives
adopted in July 2021.
The proposal is particularly important because buildings account for 40% of energy consumed
and 36% of energy-related direct and indirect greenhouse gas emissions. In the EU, heating,
cooling and domestic hot water account for 80% of the energy that households consume.
Making Europe more resilient calls for renovation of EU buildings, making them more energy
efficient and less dependent on fossil fuels. Renovation is key for reducing the energy
consumption of buildings, for bringing down emissions and for reducing energy bills. In
addition, renovation generates local jobs and economic growth. Given the long lead-in time
required to induce changes in the building sector, a timely revision of the Directive is needed
to support achieving the “Fit for 55” objectives.
1.1.

Interplay “Fit for 55” package and notably the new ETS

The “Fit for 55” package consists of a set of inter-connected proposals backed by impact
assessment analysis taking this into account. The analysis 5 showed that an over-reliance on
strengthened regulatory policies would lead to unnecessarily high economic burdens, while
carbon pricing alone would not overcome persistent market failures and non-economic
barriers. The chosen policy mix therefore carefully balances pricing, targets, standards and
support measures. The proposed EPBD revision is set within the same frame. As a
consequence, a change in the balance of the overall mix would call for adjusting different
parts of policy. A weakening in pricing and targets measures fostering the decarbonisation of
the building sector would call for correspondingly more stringent regulatory measures in the
EPBD revision, most notably with regard to fossil fuel phase out and mandatory minimum
energy performance standards.
The relevant Commission’s impact assessments have shown that the achievement of targets
would be less certain and more costly in the absence of a carbon price signal on heating fuels,
such as the proposed new emissions trading system (ETS) for buildings and road transport.
This works best hand in hand with EU regulatory measures and complementary national
1
2
3
4
5

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https://ec.europa.eu/clima/news-your-voice/news/delivering-european-green-deal-2021-07-14_en
Climate Target Plan: Stepping up Europe’s 2030 climate ambition Investing in a climate-neutral future
for the benefit of our people, COM/2020/562 final
Tackling energy poverty and worst-performing buildings; public buildings and social infrastructure
showing the way; and decarbonising heating and cooling.
A Renovation Wave for Europe - greening our buildings, creating jobs, improving lives
https://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:52021DC0550&from=EN

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measures, as incentivised by the proposed higher ambition in the Effort Sharing Regulation
(ESR), the Energy Efficiency Directive (EED) and the Renewable Energy Directive (RED).
The new ETS creates economic incentives for building decarbonisation and generates
revenues for public support, targeted in particular to support vulnerable households. The
revised EPBD addresses non-economic barriers to renovation 6. It creates an enabling
framework to provide financial support to renovation without directly mobilizing the required
funding. A revised EPBD could contribute significantly to achieving the 2030 objectives. The
EPBD Impact Assessment 7 shows that, in its absence, the overall emission reductions needed
will fall short by roughly half of what is needed in the residential and services sector to
achieve the 2030 goal.
Without these revisions, more measures at Member State level would be necessary to make
up for this gap, but uncertainty around their effectiveness, timeliness and consistency with the
2050 decarbonisation objective enshrined in the European Climate Law 8 would dull
incentives for a rapid scale up in renovation rates. In the absence of strengthened EU or
national regulatory measures boosting the rate of renovations, carbon price would need to be
higher 9 and ultimately non-economic barriers to renovations would remain unaddressed.
It will be important to preserve consistency across all building-related provisions in the
package during negotiations to agree on a coherent and robust framework for buildings to
meet the EU’s 2030 and 2050 targets.
1.2.

Issues around vulnerability, affordability and energy poverty

A main novelty of the revision is the introduction of minimum energy performance standards
to trigger the required transformation of the sector. Building renovation has two widely
recognised positive economic impacts: 1. decreasing energy costs, alleviating energy poverty,
and 2. increasing the value of more energy performing buildings. Other benefits include better
quality of living and shorter average vacancy periods.
The benefits of lower energy bills are even more relevant in a context of high energy prices.
People living in worst-performing buildings and those facing energy poverty would benefit
from renovated and better buildings and from reduced energy costs, and be buffered from
further market price increases and volatility.
On the other hand, landlords may be tempted to pass renovation costs to tenants to cover for
their upfront investment. Also, a more pronounced focus on addressing the shortcomings of
existing worst-performing buildings could reduce further their prices in market transactions,
even if a certain correlation between energy performance classes and value already exists
today.

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Directing renovation towards the buildings with the highest potential and the highest structural barriers
of risk aversion, split incentives and co-ownership structures and to stimulate the more complex deeper
renovations.
SWD (2021) 453, Commission Staff Working Document, Impact Assessment Report, Accompanying
the document, Directive of the European Parliament and of the Council on the energy performance of
buildings (recast)
Regulation of the European Parliament and of the Council establishing the framework for achieving
climate neutrality and amending Regulations (EC) No 401/2009 and (EU) 2018/1999 (‘European
Climate Law’) (https://data.consilium.europa.eu/doc/document/PE-27-2021-INIT/en/pdf)
See the MIX-CP scenario underpinning the ETS Impact Assessment: https://ec.europa.eu/energy/dataanalysis/energy-modelling/policy-scenarios-delivering-european-green-deal_en

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EU-wide minimum energy performance standards have been carefully designed to mitigate
possible negative social effects and maximise their social benefits, notably as regards
improving living conditions in worst-performing buildings and alleviating or even preventing
energy poverty. Member States will be required to support compliance with minimum energy
performance standards with an adequate support framework that includes financial support,
technical assistance, removal of barriers and monitoring of social impacts, in particular on the
most vulnerable.
National building renovation plans will pay attention to monitoring the reduction of people
affected by energy poverty and of population living in inadequate housing (e.g. leaking walls
or roofs) or with inadequate thermal comfort conditions. The plans will present an overview
of national policies and measures empowering and protecting vulnerable households,
alleviating energy poverty and ensuring housing affordability.
The measures in this proposal are coherent with policy and measures across EU instruments
supporting a socially just transition. These include reporting on progress towards national
indicative objectives to reduce the number of households in energy poverty under the
National Energy and Climate Plans and planned investments to mitigate distributional effects
and to promote structural solutions – notably energy renovation of buildings including energy
efficiency improvement measures or integration of energy production from renewable energy
sources, decarbonisation of their heating and cooling systems – to reduce fossil fuel reliance
in line with the proposed Social Climate Plans, as well as the Energy Poverty Advisory Hub,
which supports Member States’ efforts in alleviating and monitoring energy poverty.
1.3.

Availability of financing, EU funds and national support measures

The proposal is well coordinated with other relevant instruments, notably as regards EU and
national funds. The Recovery and Resilience Facility (RRF) is triggering significant
investments into building renovation thanks to the strong ‘Renovate’ flagship components
across national recovery and resilience plans. This will continue between now and 2025-2026
paving the way for improvements triggered by the EPBD to come in.
Under the current Multiannual Financial Framework (‘MFF’), there is availability of EU
funds across different programmes, which have identified the buildings sector as a priority:
regional funds under Cohesion Policy, Just Transition Fund, and Invest EU are key in this
regard. They are complemented by the dedicated technical support and assistance from the
European Commission to national public administrations in order to facilitate the necessary
reforms and the preparations for investments to be effective.
The proposed new ETS’s Social Climate Fund would bridge the gap between the RRF, and
the transition between this current MFF and the post-2027 period, and mobilise EUR 72.2
billion for the period 2025-2032 to support households, notably those living in worstperforming buildings. This Fund would cover the upfront costs and ease compliance of lowincome households with the minimum energy performance standards proposed in the EPBD.
The investments under the national Social Climate Plans will be an integral part of the
financing measures contained in the National building renovation plans under the EPBD.
In order to be classified as a sustainable economic activity under the EU Taxonomy Climate
Delegated Act, building renovation needs to either achieve 30% energy savings, comply with
minimum energy performance requirements for major renovation or consist of specific
individual measures classified as sustainable. Renovation to comply with the proposed Unionwide minimum energy performance standards is typically in line with the EU Taxonomy
criteria related to building renovation activities.

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In addition, the Commission is currently revising the relevant state aid framework and aims to
make it more conducive to the needs of the EPBD revision and in particular of the EU-level
minimum energy performance standards (MEPS). The resulting state aid provisions would be
important to incentivize early compliance with minimum energy performance standards set at
EU level in relation to improving the worst-performing buildings.
1.4.

Objectives of the proposal

The main objectives of this revision are reducing buildings’ greenhouse gas (GHG) emissions
and final energy consumption by 2030 and setting a long-term vision for buildings towards
EU-wide climate neutrality in 2050. In order to meet them, the initiative is grounded in
several specific objectives: to increase the rate and depth of buildings renovations, to improve
information on energy performance and sustainability of buildings, and to ensure that all
buildings will be in line with the 2050 climate neutrality requirements. Strengthened financial
support and modernisation and system integration are levers to deliver on these objectives.
•

Consistency with existing policy provisions in the policy area

As explained above, the proposed revision aims at fostering both push and pull factors
supporting buildings’ decarbonisation in conjunction with the incentives for national action
established in the ESR and the carbon pricing impacts of the new emissions trading system
for buildings and road transport 10. The proposal revises an existing legislative tool. As such, it
cannot substitute for a target, such as those set under the ESR, but it supports their
achievement. It works hand in hand with the proposed new ETS, one fostering the
decarbonisation of heating fuels and technologies and the other reducing energy consumption.
The EPBD will set the overall vision for new and existing buildings that applies across
building-related provisions of the other “Fit for 55” initiatives 11. By upscaling actions to
reduce energy consumption in the building sector, the EPBD will also contribute to the
delivery of the overall energy efficiency targets set in the Energy Efficiency Directive (EED).
The higher number of renovations triggered by the EPBD proposal and by the requirement for
new buildings to install heating systems with zero direct greenhouse gas emissions and to
integrate renewable energies to become zero-emission buildings will enable the indicative
2030 target for the share of renewables in buildings’ final energy consumption in line with the
Renewable Energy Directive (RED). The proposal will support the replacement of inefficient
fossil-fuel boilers by systems with no direct GHG emissions, such as heat pumps and other
renewable based technologies.
The proposal upgrades private recharging infrastructure in car parks in and adjacent to
buildings, complementing the updated Alternative Fuel Infrastructure Regulation (AFIR)
setting stronger ambitions on the overall targets, including on publicly available recharging
infrastructure for electric vehicles. In line with the European Green and the new EU Urban
mobility framework also includes provisions for improving bicycle parking infrastructure.
The proposal similarly complements products legislation, e.g. the Energy Labelling
Regulation (ELR), which incentivises consumers to purchase best-in-class energy-related
products and appliances placed in buildings. The EPBD works in tandem with the Ecodesign
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As shown in the relevant impact assessment, the parameters for the new ETS on road transport and
buildings were fixed consistently with the energy efficiency target level in the proposal for a revision of
the Energy Efficiency Directive and the expected increase in the renovation rate to be brought about by
what was then the forthcoming EPBD revision proposal.
List
of
proposals:
https://ec.europa.eu/info/strategy/priorities-2019-2024/european-greendeal/delivering-european-green-deal_en#renovating-buildings-for-greener-lifestyles

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Directive (ED), which sets energy performance and other environmental performance
requirements on energy-related products, in particular for technical building systems (e.g.
boilers, heat pumps or light sources) and equipment used in buildings (e.g. household
appliances). The performance of construction products is addressed in the Construction
Products Regulation (CPR) and the proposal also contributes to continuous progress towards
climate adaptation, through the provisions related to strengthening of the climate resilience of
buildings.
In parallel, the strengthened information tools of the EPBD, which will include also a carbon
metric, will help financial investors monetise the benefits of buildings decarbonisation and
household or commercial actors to better factor in the economic benefits of building
renovations and their repayment plans. These aspects are also aligned with the buildingrelated elements of the EU taxonomy for sustainable activities 12.
2.

LEGAL BASIS, SUBSIDIARITY AND PROPORTIONALITY

•

Legal basis

The proposal is based on Article 194(2) of the Treaty on the Functioning of the European
Union, the legal basis for Union policy on energy. The proposed measures aim at
‘promot[ing] energy efficiency and energy saving and the development of new and renewable
forms of energy’ (Article 194(1)(c) TFEU).
•

Subsidiarity (for non-exclusive competence)

2.1.

The need for EU action

Energy policy is a shared competence between the EU and Member States and an area of
well-established EU policy. To a large extent the proposed changes in the EPBD reflect the
need to update it in order to reflect the increased ambition of the EU climate and energy
targets. This is in addition to the fact that the assessment of the EU-wide impact of the
National Energy & Climate Plans (‘NECP’) that the Commission published in September
2020 13 showed an ambition gap as regards energy efficiency: 2.8 percentage points for
primary energy consumption and 3.1 points for final energy consumption in the EU, as
compared to the 2030 goals currently in force. Further EU wide measures in the revised
EPBD are thus needed in line with what is foreseen in the Energy Union Governance
Regulation 14.
Buildings are local infrastructures but insufficient renovation rates and depth are a common
issue faced by all Member States in the EU. The underlying causes are mostly of noneconomic nature and relevant across Member States. Setting a common EU framework for the
decarbonisation trajectory of buildings and related requirements while allowing for adaptation
to national circumstances would thus bring much needed certainty for all actors across the
supply chain of renovation and construction, and predictability and readiness to all
stakeholders, from industries, to local and national workforces, private investors and financial
institutions. Past experience with the long-term renovation strategies underlines the
importance of better ensuring the right mix between flexibility and harmonised requirements
to spur sufficient efforts across all Member States for the achievement of EU-level targets.

12
13
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https://ec.europa.eu/info/business-economy-euro/banking-and-finance/sustainable-finance/eutaxonomy-sustainable-activities_en
https://ec.europa.eu/info/news/commission-publishes-assessment-national-energy-climate-plans-2020sep-17_en
https://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:32018R1999&from=EN

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2.2.

EU added value

A strengthened common EU framework will provide the incentives for Member States with
different levels of ambition to accelerate, in a coordinated way and at the necessary scale, the
energy transition towards more energy efficient and performant buildings.
Sufficiently strong regulatory signals – for both the existing stock and new buildings - will
drive investments into building renovation, create jobs, stimulate innovation, increase the
benefits of the internal market for construction products and appliances and have a positive
impact on the competitiveness of the construction ecosystem and related sectors. This,
together with a reinforced ‘shared language’ of common standards and access to information,
will also ensure that the buildings sector reduces its GHG emissions in the most cost-effective
way, e.g. through economies of scale.
Buildings do not move across borders, but building-related financing as well as the
technologies and solutions that are installed therein do, from insulation, to heat pumps,
efficient glazing, or photovoltaic panels. EU action leads to a modernisation of national
regulations in the building sector to meet the decarbonisation objectives, opening wider
markets for innovative products globally and enabling cost reductions when they are most
needed, and industrial growth.
Finally, EU action through the revised EPBD brings multiple benefits, from better health and
wellbeing for citizens, local job creation supporting recovery, alleviation of energy poverty,
social inclusion, improved living conditions, reduced greenhouse gas emissions, climate
resilience, to the reduction of energy consumption and energy costs. It is also in accordance
with the New European Bauhaus initiative 15, which invites to combine sustainability of
buildings and the built environment with quality of living and social inclusion.
•

Proportionality

The measures included in the legislative proposal are considered proportionate and build to
the maximum on the existing design of the original 2002 Directive and the 2010 and 2018
revisions. As detailed in section 3 below, the concerns expressed by the Regulatory Scrutiny
Board in its negative opinions on the proportionality and the level of EU harmonisation of the
preferred option identified in the accompanying impact assessment report have been
addressed by modifying the proposal to ensure the respect of the subsidiarity and
proportionality principles.
•

Choice of the instrument

The proposal entails substantive amendments to the EPBD, which was already amended in
2018 16. This proposal therefore is for a recast of the existing Directive, in line with the
Commission’s commitment under paragraph 46 of the Inter-institutional Agreement on better
law-making 17. The new legal act will replace and repeal the earlier Directive (EU)
2010/31/EU.
3.
RESULTS
OF
EX-POST
EVALUATIONS,
CONSULTATIONS AND IMPACT ASSESSMENTS

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STAKEHOLDER

https://europa.eu/new-european-bauhaus/system/files/2021-09/COM%282021%29_573_EN_ACT.pdf
In 2018 by Directive (EU) 2018/844
OJ L 123, 12 May 2016, p.1.

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•

Ex-post evaluations/fitness checks of existing legislation

The EPBD was evaluated in 2016 18. The measures stemming from the last review of the
EPBD (2018) were transposed recently (2020), not allowing to gather sufficient data on their
impact to make a new evaluation relevant.
•

Stakeholder consultations

Complementary methods have been used to allow for a comprehensive consultation process
enabling all stakeholders to have a say.
–

An Inception Impact Assessment (Roadmap) was published on the Commission
Have Your Say portal on 22 February 2021. It was open for feedback during 4 weeks
and received 243 replies;

–

A public consultation, based on a structured online questionnaire in the EU Survey
tool and in line with the Commission Better Regulation rules was published on the
Have Your Say portal from 30 March 2021, for 12 weeks. It covered the scope, type
and design of possible policy options, based on multiple-choice and open questions.
Like the Roadmap, it was open to all. 535 replies were received. The majority of
participants were business associations and companies (52%), followed by EU
citizens (15%), NGOs (12%) and local and national public authorities (7%).

–

Five dedicated and targeted workshops were organised between 31 March and 3 June
2021. These events were organised thematically to address specific areas for policy
options, on “Setting a vision for buildings and a decarbonised building stock”,
“Minimum energy performance standards for existing buildings”, “Strengthening
buildings information tools (with a focus on energy performance certificates)”,
“Fostering the green and digital transition” and “Accessible and affordable financing
– energy poverty”. More than 200 participants took part in each workshop on
average.

–

Additional engagement with stakeholders has taken place on an ad hoc basis.

The Commission also informed national delegations and administrations and collected their
views at meetings of the Energy Working Party, the Energy Performance of Buildings
Committee and the Concerted Action plenary meetings.
3.1.

Summary of stakeholders’ views

A clear majority of respondents to the public consultation expressed support for minimum
energy performance standards (75% of respondents in favour). 61% of participants expressed
the view that the EPBD provisions on the Long-Term Renovation Strategies should be
modified and 89% supported the option to strengthen the monitoring of objectives identified
by Member States in their Long-Term Renovation Strategies. 84% were in favour of defining
zero-emission buildings in the EPBD. 73% of respondents were of the opinion that the EPBD
could contribute to making a wider range of building-related energy performance data
available and accessible. Energy performance certificates need to be updated and the quality
improved according to a clear majority (65%) and an even stronger one (76%) backed
harmonising energy performance certificates.
More than two thirds of respondents (68%) favoured including in the EPBD measures to
report on whole life-cycle carbon emissions (manufacturing and construction, use and end of
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COM(2016) 765 final https://ec.europa.eu/info/sites/default/files/swd-2016-408-final_en_0.pdf

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life). On e-mobility, respondents expressed support overall for strengthened requirements.
More than three quarters (77%) were in favour of linking renovation funding support to the
depth of renovation and 68% were of the view that it would be beneficial to provide a legal
definition of “deep renovation”. Finally, on financing, the general view expressed, also in the
workshops, was that it should be more accessible, through a combination of direct grants, tax
incentives, energy efficiency mortgages and other types of incentive mechanisms, and that it
should come together with provisions on access to one-stop-shops. Targeted financial support
for lower and middle-income households was identified as being the most important policy
measure addressing energy poverty.
The policy workshops concurred with the public consultation in terms of overall direction and
provided useful additional insights.
•

Collection and use of expertise

This proposal builds on the 2016 evaluation and on data and experiences from the
implementation of the EPBD. The JRC provided support on the analysis and assessment of
compliance and of national practices. The EPBD Concerted Action initiative produced
analysis of the national experiences of implementation of the EPBD. In addition, the
Commission bases itself on the growing body of peer-reviewed empirical research and makes
use of several support contracts ongoing or recently completed.
The quantitative and qualitative assessment of impacts and administrative costs and the
analysis of the input from stakeholders was supported by a specific technical support
contract 19. The analysis within this contract was conducted using a set of modelling tools to
represent the building stock and the broader macro-economic and social impacts. The main
statistics and data used, also to populate the dataset underlying the models used, refer to the
Building Stock Observatory and EUROSTAT indicators. Results from several ongoing
research and innovation projects funded under the Horizon2020 programme were also
assessed and provided input to the analysis.
This proposal benefits also from the evidence gathered in the impact assessment of the 2030
Climate Target Plan, and relevant evidence compiled in other Green Deal initiatives. As other
proposals of the “Fit for 55” policy package, the baseline for assessment considers the
updated EU Reference Scenario, a projection of the evolution of EU and national energy
systems and greenhouse gas emissions under the current policy framework which includes
COVID-19 impacts.
•

Impact assessment

The analysis in the impact assessment confirmed that the EPBD framework is insufficient for
the achievement of the 2030 climate objectives. In particular, no specific measure is in place
to address non-economic barriers limiting energy renovation of buildings.
The draft impact assessment was submitted twice to the Commission’s Regulatory Scrutiny
Board. Following a first negative opinion, the Board issued a final second negative opinion 20 ,
which underlined the need for political guidance on whether, and under which conditions, the
proposal for the EPBD review could proceed further. The Board explained that it maintained
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Technical assistance for policy development and implementation on buildings policy and renovation
Support for the ex-ante impact assessment and revision of Directive 2010/31/EU on energy
performance of buildings Service request 2020/28 – ENER/CV/FV2020-608/07; DG Climate Action
CLIMA.A4/FRA/2019/0011.
https://ec.europa.eu/transparency/documents-register/

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its negative opinion because the draft impact assessment report failed to (1) clearly identify
the additional gap the EPBD revision would have to fill given the rest of the “Fit for 55”
proposals; (2) convincingly show the need for harmonised EU level measures given the
heterogeneity of the building sector in Member States; and (3) sufficiently clarify the reason
for the selection of the various individual components of the preferred package of policy
options.
The working methods of the European Commission empower the Vice President for InterInstitutional Relations and Foresight to approve the continuation of an initiative that has been
subject to a second negative opinion by the Regulatory Scrutiny Board.
Because of the political importance of this initiative, its role within the Fit for 55 package of
proposals of July 2021, the urgency of action in the field of building renovation and the fact
that the need for policy guidance expressed by the Regulatory Scrutiny Board could be
satisfactorily met in the adapted legal proposal, the Commission, also in the light of the
agreement by the Vice President for Inter-Institutional Relations and Foresight, has
considered it opportune to proceed with the EPBD revision.
The Commission considers the Board’s finding with regard to the insufficient clarity on the
role of the EPBD within the “Fit for 55” package to reflect its assessment of the quality of the
draft impact assessment report rather than a fundamental concern about the overall policy mix
of the “Fit for 55” package. It is important to flag also that the opinions of the Regulatory
Scrutiny Board are an assessment of the quality of the draft impact assessment and not an
assessment of the related legislative proposals. The interplay between regulatory measures,
pricing mechanisms and targets was explained in the preceding sections of this explanatory
memorandum. It frames the proposed EPBD revision in the same manner as it framed all
other proposals of the “Fit for 55” package, which were all supported by individual impact
assessment reports positively assessed by the Board.
The Commission has carefully considered the Board’s view that the draft impact assessment
report did not provide sufficiently solid evidence supporting the preferred set of policy
measures, most notably with regard to the degree of EU harmonisation proposed therein.
Against this background, the Commission has deviated from the option indicated in the draft
impact assessment to introduce a phased-in and time-bound tightening of EU-level minimum
energy performance standards (MEPS) for certain type of buildings coupled with an
obligation for Member States to introduce national MEPS for all other buildings. Now, the
national MEPS are proposed as voluntary and differences in national building stocks are
better taken into consideration by giving greater flexibility to Member States in drawing up
their plans to achieve the goal of a zero-emission building stock by 2050.
However, EU-level minimum energy performance standards for the very worst-performing
buildings have been retained to ensure sufficient initial effort from all on those buildings
where the biggest energy efficiency gains, GHG emissions reductions and societal co-benefits
can be achieved. Member States are left free to establish the specific timelines for these
buildings to achieve higher energy performance classes by 2040 and 2050. Where Member
States establish national MEPS, they should be designed with a view to the national roadmap
and the national targets for 2030, 2040 and 2050 that Member States will establish as part of
their National building renovation plans to reach the overall decarbonisation objective by
2050.
Crucially, the very worst-performing buildings covered by the EU-level minimum energy
performance standards are also the buildings where deeper renovation efforts are required and
for which the incentives provided by carbon prices are most likely to fall short, given the
pervasive market failures affecting this sub-sector across all Member States. Importantly, as

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the residential segment of those buildings is also that where the most vulnerable households
tend to live, the proposed measure (and its supporting financial framework) is considered
crucial for a climate transition that leaves no one behind. In addition, the proposal gives
longer timelines for residential buildings to phase-in and comply with the EU-level minimum
energy performance standards, as compared to buildings owned by public bodies and to other
non-residential buildings.
In addition to the above, the proposal has also been modified making a significant number of
elements in the Energy Performance Certificates optional. Compared to the preferred option
in the draft impact assessment where most measures were obligatory, the present proposal
provides further flexibility to Member States. Existing mechanisms have also been prioritised
over the creation of new requirements, notably by slimming down the requirements for
National Building Renovation Plans and fully integrating them with the NECPs.
The resulting proposal leaves a large margin for manoeuvre to Member States to adapt their
buildings regulatory and financing policies to national and local circumstances with a view to
meet a common overall ambition. The contribution of the EPBD revision to the overall “Fit
for 55” package is not diminished but the key responsibility for its realisation falls more upon
Member States than originally envisaged, with due respect for the principle of subsidiarity.
Member States are called to design and implement appropriately ambitious National Building
Renovation Plans taking into due account of their ESR targets and of the proposed cap on the
emission from the use of heating fuels in the building sector. The Commission will assess the
National Building Renovation Plans against this background.
The review clause makes explicit reference to the Commission assessment of whether EUbuilding related measures, including carbon pricing, will bring sufficient improvements to
deliver a fully decarbonised, zero-emission building stock by 2050, or whether further binding
measures at Union level, such as strengthened EU-wide minimum energy performance
standards, need to be introduced, at the latest by the end of 2027.
More specific comments about the Board’s findings can be found in Annex I to the impact
assessment accompanying this proposal. The impact assessment provides an analysis of the
problem and identifies possible measures to increase renovation rates and depth, enable
decarbonisation of new and existing buildings and increase the modernisation of buildings
enabled by digitalisation. It packages them within four main options, representing a
progressive increase in the level of ambition: low, moderate, high and higher ambition.
Option 3 is identified therein as the preferred one. Following the Regulatory Scrutiny Board’s
findings on the latter, the EPBD proposal was revised and is now based on a mix of option 2
(with moderate ambition) for existing buildings and option 3 (with high ambition) for
information tools and new buildings.
•

Regulatory fitness and simplification

A key objective of the revision of the EPBD in 2018 was to reduce administrative burden. It
had been estimated that taken together, the measures of the preferred policy option would
reduce administrative burden by almost EUR 100 million per year. 21
The key purpose of this revision together with the building-related aspects of the other “Fit
for 55” proposals is to align the building sector with the Union’s enhanced climate ambitions.
To ensure effectiveness, new and updated requirements are necessary. Those requirements
21

EN

https://eur-lex.europa.eu/resource.html?uri=cellar:4908dc52-b7e5-11e6-9e3c01aa75ed71a1.0023.02/DOC_1&format=PDF

10

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will mainly impact administrative authorities at national and local level in the Member States
and, to a lesser extent, building owners, and will mainly rely on existing procedures and
structures already in place. They have the right level of ambition – on the one hand to reach
our Green Deal targets and at the same time to give business and end consumers the time to
adapt.
As indicated in the impact assessment, the digitalisation of Energy Performance Certificates
and the new provisions on data exchange and databases shall nonetheless reduce
administrative and compliance costs and facilitate administrative procedures linked to
building renovations.
•

Fundamental rights

The Proposal is in line with Article 37 of the Charter of Fundamental Rights 22 of the
European Union, which requires that a high level of environmental protection and the
improvement of the quality of the environment be integrated into the policies of the Union
and ensured in accordance with the principle of sustainable development.
It is designed in respect of the right to property laid down in Article 17 of the Charter, and
builds on Article 34 of the Charter which “recognises and respects the right to […] housing
assistance so as to ensure a decent existence for all those who lack sufficient resources, in
accordance with the rules laid down by Union law and national laws and practices.”
4.

BUDGETARY IMPLICATIONS

This proposal does not have any implication for the EU budget. It amends an existing
Directive and largely relies on structures and rules that are already in place.
5.

OTHER ELEMENTS

•

Implementation plans and monitoring, evaluation and reporting arrangements

After adoption by the co-legislators of this Recast Directive, the Commission will undertake
the following actions to facilitate its transposition:
–

Draft a correlation table that serves as transposition check-list for both Member
States and the Commission;

–

Organise meetings with Member States’ experts in charge of transposing the
different parts of the Directive to discuss how to transpose them and solve doubts,
either in the context of the Concerted Action for the EPBD (CA-EPBD) or in a
committee format;

–

Be available for bilateral meetings and calls with Member States in case of specific
questions on the transposition of the Directive;

–

After the transposition deadline, the Commission will carry out a comprehensive
assessment of whether Member States have completely and correctly transposed the
Directive.

The proposal complements the Governance Regulation 23, which ensures that a transparent and
reliable planning, reporting and monitoring system is in place, based on the NECPs and
streamlined progress reports by Member States. From 2023, Member States must report
22
23

EN

https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:12012P/TXT
Regulation (EU) 2018/1999 on the Governance of the Energy Union and Climate Action

11

EN

biennially on the progress made in implementing the plans and in addition, by 30 June 2023
they must notify the Commission of their draft updates of the plans, with the final updates due
on 30 June 2024. The submission of building renovation plans will follow the cycles of the
national energy and climate plans (NECP), except for the first building renovation plan.
•

Explanatory documents (for directives)

Article 32(1) provides that Member States shall communicate their transposition measures
together with a correlation table. This is in line with the ruling of the European Court of
Justice (case C-543/17), pursuant to which Member States must accompany their notifications
of national transposition measures with sufficiently clear and precise information, indicating
which provisions of national law transpose which provisions of a directive. This must be
provided for each obligation, not only at “article level”. If Member States comply with this
obligation, they would not need, in principle, to send explanatory documents on the
transposition to the Commission.
•

Detailed explanation of the specific provisions of the proposal

Directive 2010/31/EU is amended as follows to align provisions on new and existing
buildings, and on information tools, to the European Green Deal, to update its content in light
of technical progress and simplify its set-up and to ensure reinforced finance and enforcement
mechanisms:

EN

–

The subject matter is amended to underline that the proposal for a recast EPBD sets
the vision for achieving a zero-emission building stock by 2050 and to reflect a new
complementary carbon metric to orient choices towards decarbonised solutions.
While the focus of the proposal is the reduction of operational greenhouse gas
emissions, first steps are taken to address carbon emissions over the whole life-cycle
of a building.

–

A new definition of zero-emission building is introduced in Article 2: a building with
a very high energy performance in line with the energy efficiency first principle, and
where the very low amount of energy still required is fully covered by energy from
renewable sources at the building or district or community level where technically
feasible (notably those generated on-site, from a renewable energy community or
from renewable energy or waste heat from a district heating and cooling system).
Zero-emission buildings become the new standard for new buildings, the level to be
attained by a deep renovation as of 2030 and the vision for the building stock in
2050. Article 2 also clarifies the definition of “nearly zero-energy building”, which
remains the standard for new buildings until the application of the zero-emission
building standard, and becomes the level to be attained by a deep renovation until
2030. It newly defines “deep renovation” as a gold standard for building renovation
and “staged deep renovation” to ease its delivery. Article 2 introduces a definition of
“mortgage portfolio standards”) as a mechanism to incentivise mortgage lenders to
improve the energy performance of their portfolio of buildings, and encourage
potential clients to make their properties more energy performing.

–

Article 3 on National building renovation plans (previously named long-term
renovation strategies) is made more operational. The monitoring framework is
strengthened by introducing an assessment of the draft national building renovation
plans by the Commission and the issuing of recommendations as part of the NECP
process. To facilitate the presentation of the information and its assessment by the
Commission and improve comparability of national plans, a common template with
mandatory and voluntary elements is provided in Annex II. Mandatory elements to
12

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report upon encompass district and neighbourhood approaches, including the role of
renewable energy communities and citizen energy communities. The building
renovation plans shall be submitted as part of the NECPs and their updates;
exceptionally, the first draft plan is to be submitted by 30 June 2024 to take into
account the time for adoption and entry into force of the revised EPBD. Progress in
achieving the national targets and the contribution of the building renovation plans to
national and Union targets will be reported as part of the biennial reporting under the
Governance Regulation.
–

Article 4 (ex-Article 3) on the methodology for calculating the energy performance
of buildings in conjunction with Annex I is updated to clarify the possible use of
metered energy use to calculate energy performance, and verify the correctness of
calculated energy use. The article specifies how to account for the on-site use of
energy from renewable sources, such as for recharging points, and for energy
supplied from energy communities.

–

Article 5 (ex-Article 4) on the setting of minimum energy performance requirements
is amended to adapt the previously possible total exemption of protected buildings to
technical progress, which allows improving the energy performance of such
buildings without altering their technical character and appearance.

–

Article 6 (ex-Article 5) on the calculation of cost-optimal levels is aligned to the
Green Deal, specifying that the costs of greenhouse gas allowances as well as
environmental and health externalities of energy use are to be considered when
determining the lowest costs. The Commission will revise the cost-optimal
methodology by 30 June 2026.

–

Article 7 brings together all provisions on new buildings:

–

(a)

It specifies that as of 2030, new buildings must be zero-emission buildings;
new public buildings must be zero-emission as of 2027. The specific
requirements for zero-emission buildings are laid down in Annex III;

(b)

The life-cycle Global Warming Potential (GWP) of new buildings will have to
be calculated as of 2030 in accordance with the Level(s) framework, thus
informing on the whole-life cycle emissions of new construction. Whole-life
cycle emissions are particularly relevant for large buildings, which is why the
obligation to calculate them already applies to large buildings (with a useful
floor area larger than 2000 square meters) as of 2027.

(c)

Member States shall address for new buildings important dimensions going
beyond energy performance, namely healthy indoor climate conditions,
adaptation to climate change, fire safety, risks related to intense seismic
activity and accessibility for persons with disabilities. They shall also address
carbon removals associated to carbon storage in or on buildings.

Article 8 – 10 and 15 on existing buildings and financial support combine:
(a)

EN

The current provisions on major renovation, which offer an opportunity to
apply minimum energy performance requirements in place (to ensure minimum
renovation depth), and also to address structural improvements, adaptation to
climate change, removing hazardous substances including asbestos, and
accessibility for persons with disabilities, are complemented with new EUlevel minimum energy performance standards (triggering an increase in
renovation rates) for the worst-performing public (i.e. buildings and building
units owned by public bodies) and non-residential buildings. They require EPC
13

EN

class G buildings to be renovated and improved to at least energy performance
class F at the latest by 2027 and to at least energy performance class E at the
latest by 2030, and the worst-performing residential buildings to at least class F
by 2030 and to at least class E by 2033. The focus on the very lowest
performing classes of the building stock ensures that efforts focus on buildings
with the highest potential for decarbonisation, energy poverty alleviation and
extended social and economic benefits. Member States shall also, as part of the
national building renovation plans, establish specific timelines for achieving
higher energy performance classes (for buildings falling in the scope of Article
9(1)) by 2040 and 2050, in line with their pathway for transforming the
national building stock into zero-emission buildings. In addition to the
minimum energy performance standards in accordance with Article 9(1),
Member States have the option to introduce national minimum energy
performance standards in their national renovation plans. Member States must
support compliance with minimum energy performance standards with an
enabling framework including financing support, in particular targeting
vulnerable households and people affected by energy poverty or living in social
housing, technical assistance, and monitoring mechanisms. The proposed
provisions allow Member States to exclude several categories of buildings
from the obligation to comply with minimum energy performance standards.
(b)

The introduction of voluntary renovation passports to equip building owners
planning a staged renovation of their building. Member States will have to
introduce a scheme of renovation passports based on the common framework
to be developed by the Commission by the end of 2024, in order to give their
citizens access to the use of this tool.

(c)

Stronger provisions on the removal of obstacles and barriers to renovation, and
on the mobilisation of financial incentives with one-stop-shops accessible to all
building ecosystem’s stakeholders, so that all barriers to building renovation,
not only the costs, are addressed and Member States promote appropriate
training. Higher financial incentives and technical support measures are
directed to deep renovation projects and those targeting a sizeable number of
buildings and leading to considerable overall energy savings. With the same
objective in mind, since based on standard lifespans a boiler bought in the mid2020s may still be in use in 2050, Member States should not be allowed to
subsidise fossil-fuel boilers as of 2027.

(d)

To encourage the swift deployment of heating systems with zero direct
emissions, and to avoid that investments in new generations of fossil fuel-based
boilers become stranded assets, zero-emission buildings should not generate
carbon emissions on-site and Member States may opt for the use of a primary
energy factor for electricity aligned with the EU average 24.

(e)

Finally, Member States are required to focus their financial support on the
alleviation of energy poverty and to support social housing, and to shield
tenants from disproportionate rent levels following renovation.

As a follow up to the opinions of the Regulatory Scrutiny Board, the retained option on
Minimum Energy Performance Standards does not directly correspond to any of the four
options analysed in the draft impact assessment submitted to the Board. The proposal has
24

EN

In line with the Energy Efficiency Directive.

14

EN

carefully been amended in view of subsidiarity and proportionality, taking into account the
differences across building stocks in different Member States and giving flexibility to
Member States in how they address their specific circumstances and achieve the necessary
improvements of their national building stock. It places an EU-wide focus on the 15% worstperforming buildings in the corresponding national building stocks in order to maximise
energy savings, cost-effectiveness and energy poverty alleviation impacts as well as more
comprehensive social and economic co-benefits associated with achieving the EU’s climate
and energy objectives.

EN

–

The previous Article 8 is restructured. Article 11 focusses on technical building
systems only, and a clear legal basis for national bans of boilers based on fossil fuels
is introduced, allowing Member States to set requirements for heat generators based
on greenhouse gas emissions or the type of fuel used. Several Member States
consider such measures as essential to achieve a decarbonised building stock and to
improve air quality and health. This provision addresses the current legal uncertainty
on whether such bans are permitted under Article 6(1) of the Ecodesign Directive
and free market rules under the Treaties. In recognition of the importance of good
indoor air quality to ensure healthy buildings, the installation of measuring and
control devices for the monitoring and regulation of indoor air quality is required in
new buildings and, where feasible, in existing buildings undergoing major
renovations.

–

Article 12 on infrastructure for sustainable mobility is aligned with the increased
climate ambition, strengthening the current requirements. Pre-cabling becomes the
norm for all new buildings and buildings undergoing major renovation, and the rollout of recharging points in new and renovated office buildings is reinforced in
particular. Recharging points need to enable smart charging and Member States shall
remove barriers to the installation of recharging points in residential buildings,
ensuring a “right to plug” in line with the relevant provisions in the proposal for an
Alternative Fuels Infrastructure Regulation. In addition, mandatory bicycle parking
spaces in new buildings and buildings undergoing major renovation are introduced in
order to remove barriers to cycling as a central element of sustainable, zero-emission
mobility.

–

Articles 13 reinforces the Smart Readiness Indicator for large non-residential
buildings as of 2026. To facilitate development of new services related to buildings,
a new Article 14 specific to building data ensures that the building owner, tenant
and manager or third parties can have access to building systems’ data. New rules on
data interoperability and access to data are to be laid down by the Commission by
means of an implementing act.

–

Articles 16 to 19 improve the already existing provisions on energy performance
certificates, their issuing and display, and their databases:
(a)

To ensure comparability across the Union, by 2025 all energy performance
certificates must be based on a harmonised scale of energy performance classes
and comply with the template laid down in Annex V.

(b)

The energy performance classes will be rescaled with a view to the common
vision for a zero-emission building stock by 2050, while taking into account
national differences of building stocks: the highest class A represents a zeroemission building, while the lowest class G shall include the 15% worstperforming buildings in the national building stock. This rescaling will ensure
comparable efforts across Member States to comply with the Union-wide

15

EN

minimum energy performance standards pursuant to Article 9. The indicator on
the basis of which buildings are to be rated (primary energy use in
kWh/(m2.y)) remains unchanged, and is complemented by an indicator on
operational greenhouse gas emissions and renewable energy. Other indicators
remain voluntary for Member States to choose from, offering a toolbox
approach that can be adjusted to national conditions.

EN

(c)

The validity of energy performance certificates of the lower D to G classes is
reduced to five years in order to ensure that they contain up-to-date information
that helps citizens reduce their consumption. Simplified procedures must be
available for the updates of energy performance certificates in certain simple
cases and energy performance certificates must be issued in a digital format.
Measures to increase reliability of the issued certificates are introduced (on-site
visit and quality control).

(d)

Better coverage of the building stock with EPCs is a precondition for its
improvement, but at the same time Member States would need to ensure that
they are affordable. The obligation to have an energy performance certificate is
extended to buildings undergoing major renovation, buildings for which a
rental contract is renewed and all public buildings. Buildings or building units
which are offered for sale or rent must have an energy performance certificate,
and the energy performance class and indicator should be stated in all
advertisements, ensuring the relevance of energy performance on the market
for sale and rental. All buildings occupied by public authorities and frequently
visited by the public must display their energy performance certificate,
irrespective of their size.

(e)

Member States shall set up national databases for energy performance
certificates of buildings, which also allow to gather data related to building
renovation passports and smart readiness indicators. Information from the
national databases shall be transferred to the Building Stock Observatory,
based on a template to be developed by the Commission.

–

Current provisions on inspections are grouped together and clarified to facilitate their
implementation, whilst including ventilation systems as part of the EPBD measures
aimed at addressing indoor air quality. To ensure the quality and reliability of
renovations or of new construction works, it is foreseen that national inspection
schemes or alternative tools shall be set up to verify that delivered construction and
renovation works meet the designed energy performance and improve citizens’
satisfaction and trust. In the same vein, providers of integrated renovation works
must have access to certification or qualification schemes to ensure reliable quality
of those works. The threshold for the mandatory installation of building automation
and control systems should be lowered for non-residential buildings as of 2030, and
new residential buildings and residential buildings undergoing major renovations
must be equipped with certain monitoring and control functionalities to improve and
optimise their management and operation.

–

Enforcement of buildings policy is key to ensure that it makes real progress on the
ground. Current independent control systems are extended to include renovation
passports and smart readiness indicators. Monitoring and enforcement, including
through penalties, will focus in particular on minimum energy performance standards
and the improvement of the existing building stock.

16

EN

Final provisions and review clause: with a view to the review of the EPBD in 2021 in the
context of delivering on the Green Deal, the date for the next review pursuant to Article 25 is
set to the end of 2027, at the latest. The review clause makes explicit reference to the
Commission assessment of whether building-related measures in EU legislation, including
carbon pricing, will bring sufficient improvements to deliver a fully decarbonised, zeroemission building stock by 2050, or whether further binding measures at Union level such as
strengthened minimum energy performance need to be introduced. Article 32 on transposition
clarifies that Member States shall provide a correlation table together with their transposition
measures.

EN

17

EN

 2010/31/EU
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 25,
Having regard to the opinion of the Committee of the Regions 26,
Acting in accordance with the ordinary legislative procedure,
Whereas:
 2010/31/EU recital 1 (adapted)
(1)

Directive 2002/91/EC  2010/31/EU  of the European Parliament and of the
Council 27 of 16 December 2002 on the energy performance of buildings 28 has been
 substantially  amended  several times  29. Since further substantive
amendments are to be made, it  that Directive  should be recast in the interests of
clarity.
 new

(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°C above preindustrial levels and to pursue efforts to limit the temperature increase to 1,5 °C above
pre-industrial levels. Reaching the objectives of the Paris Agreement is at the core of

25

OJ C […], […], p. […].
OJ C […], […], p. […].
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).
OJ L 1, 4.1.2003, p. 65.
See Annex VIIIIV, Part A.

26
27
28
29

EN

18

EN

the Commission Communication on “The European Green Deal” of 11 December
2019 30. 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 31. 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. 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.

(4)

Regulation (EU) 2021/1119 of the European Parliament and of the Council 32, the
‘European Climate Law’, enshrines the target of economy-wide climate neutrality by
2050 in legislation 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 European Commission 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.
 2010/31/EU recital 2

An efficient, prudent, rational and sustainable utilisation of energy applies, inter alia, to oil
products, natural gas and solid fuels, which are essential sources of energy, but also the
leading sources of carbon dioxide emissions.
 2010/31/EU recital 3 (adapted)
 new
(6)

Buildings account for 40 % of  final  total energy consumption in the Union
 and 36% of its energy-related greenhouse gas emissions  . The sector is
expanding, which is bound to increase its energy consumption. Therefore, reduction of
energy consumption  , in line with the energy efficiency first principle as laid down
in Article 3 [revised EED] and defined in Article 2(18) of Regulation (EU) 2018/1999
of the European Parliament and of the Council 33  and the use of energy from

30

The European Green Deal, COM(2019) 640 final.
A Renovation Wave for Europe - greening our buildings, creating jobs, improving lives,
COM/2020/662 final.
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).
Regulation (EU) 2018/1999 of the European Parliament and of the Council of 11 December 2018 on the
Governance of the Energy Union and Climate Action, amending Regulations (EC) No 663/2009 and
(EC) No 715/2009 of the European Parliament and of the Council, Directives 94/22/EC, 98/70/EC,
2009/31/EC, 2009/73/EC, 2010/31/EU, 2012/27/EU and 2013/30/EU of the European Parliament and

31
32

33

EN

19

EN

renewable sources in the buildings sector constitute important measures needed to
reduce the Union’s energy dependency and greenhouse gas emissions. Together with
an increased use of energy from renewable sources, measures taken to reduce energy
consumption in the Union would allow the Union to comply with the Kyoto Protocol
to the United Nations Framework Convention on Climate Change (UNFCCC), and to
honour both its long term commitment to maintain the global temperature rise below
2 °C, and its commitment to reduce, by 2020, overall greenhouse gas emissions by at
least 20 % below 1990 levels, and by 30 % in the event of an international agreement
being reached. Reduced energy consumption and an increased use of energy from
renewable sources also have an important part to play in  reducing the Union’s
energy dependency,  promoting security of energy supply,  and  technological
developments and in creating opportunities for employment and regional development,
in particular in  islands and  rural areas.
 new
(7)

Buildings are responsible for greenhouse gas emissions before, during and after their
operational lifetime. The 2050 vision for a decarbonised building stock goes beyond
the current focus on operational greenhouse gas emissions. The whole life-cycle
emissions of buildings should therefore progressively be taken into account, starting
with new buildings. Buildings are a significant material bank, being repositories for
resources over many decades, and the design options largely influence the whole lifecycle 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 for the reduction of whole
life-cycle greenhouse gas emissions in Member States’ building renovation plans.

(8)

Minimizing the whole life-cycle greenhouse gas emissions of buildings requires
resource efficiency and circularity. This can also be combined with turning parts of the
building stock into a temporary carbon sink.

(9)

The global warming potential 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 global warming potential
of new buildings therefore constitutes a first step towards increased consideration of
the whole life-cycle performance of buildings and a circular economy.

(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 of 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 34.

34

EN

of the Council, Council Directives 2009/119/EC and (EU) 2015/652 and repealing Regulation (EU) No
525/2013 of the European Parliament and of the Council (OJ L 328, 21.12.2018, p. 1).
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).

20

EN

 2010/31/EU recital 4
Management of energy demand is an important tool enabling the Union to influence the
global energy market and hence the security of energy supply in the medium and long term.
 2010/31/EU recital 5 (adapted)
The European Council of March 2007 emphasised the need to increase energy efficiency in
the Union so as to achieve the objective of reducing by 20 % the Union’s energy consumption
by 2020 and called for a thorough and rapid implementation of the priorities established in the
Commission Communication entitled ‘Action plan for energy efficiency: realising the
potential’. That action plan identified the significant potential for cost-effective energy
savings in the buildings sector. The European Parliament, in its resolution of 31 January 2008,
called for the strengthening of the provisions of Directive 2002/91/EC, and has called at
various times, on the latest occasion in its resolution of 3 February 2009 on the Second
Strategic Energy Review, for the 20 % energy efficiency target in 2020 to be made binding.
Moreover, Decision No 406/2009/EC of the European Parliament and of the Council of 23
April 2009 on the effort of Member States to reduce their greenhouse gas emissions to meet
the Community’s greenhouse gas emission reduction commitments up to 2020 35, sets national
binding targets for CO 2 reduction for which energy efficiency in the building sector will be
crucial, and Directive 2009/28/EC of the European Parliament and of the Council of 23 April
2009 on the promotion of the use of energy from renewable sources 36 provides for the
promotion of energy efficiency in the context of a binding target for energy from renewable
sources accounting for 20 % of total Union energy consumption by 2020.
 2010/31/EU recital 6 (adapted)
The European Council of March 2007 reaffirmed the Union’s commitment to the Union-wide
development of energy from renewable sources by endorsing a mandatory target of a 20 %
share of energy from renewable sources by 2020. Directive 2009/28/EC establishes a common
framework for the promotion of energy from renewable sources.
 2010/31/EU recital 7 (adapted)
It is necessary to lay down more concrete actions with a view to achieving the great
unrealised potential for energy savings in buildings and reducing the large differences
between Member States’ results in this sector.
 2010/31/EU recital 8 (adapted)
 new
(11)

Measures to improve further the energy performance of buildings should take into
account climatic  conditions,   including adaptation to climate change,  and
local conditions as well as indoor climate environment and cost-effectiveness. These
 Those  measures should not affect other requirements concerning buildings

35

OJ L 140, 5.6.2009, p. 136.
OJ L 140, 5.6.2009, p. 16.

36

EN

21

EN

such as accessibility  , fire safety and seismic  safety and the intended use of the
building.
 2010/31/EU recital 9
 new
(12)

The energy performance of buildings should be calculated on the basis of a
methodology, which may be differentiated at national and regional 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, smart
solutions,  passive heating and cooling elements, shading, indoor air-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 airconditioning  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. In order to
encourage the use of renewable energy on-site, 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. 
 2010/31/EU recital 10 (adapted)
 new

(13)

It is the sole responsibility of Member States  should  to set minimum
requirements for the energy performance of buildings and building elements. Those
requirements should be set with a view to achieving the cost-optimal balance between
the investments involved and the energy costs saved throughout the 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.
 2010/31/EU recital 11

The objective of cost-effective or cost-optimal energy efficiency levels may, in certain
circumstances, for example in the light of climatic differences, justify the setting by Member
States of cost-effective or cost-optimal requirements for building elements that would in
practice limit the installation of building products that comply with standards set by Union
legislation, provided that such requirements do not constitute an unjustifiable market barrier.
 new
(14)

EN

Two-thirds of the energy used for heating and cooling of buildings still comes from
fossil fuels. In order to decarbonise the building sector, it is of particular importance to

22

EN

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 under the next Multiannual Financial Framework as of
2027, with the exception of those selected for investment, before 2027, under the
European Regional Development Fund and on the Cohesion Fund. A clear legal basis
for the ban of heat generators based on their greenhouse gas emissions or the type of
fuel used should support national phase-out policies and measures.
 2010/31/EU recital 12
 new
(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.  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 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 37 and Directive 2010/30/EU19 May 2010 on the indication by labelling and
standard product information of the consumption of energy and other resources by
energy-related products 38 Regulation (EU) 2017/1369 of the European Parliament and
of the Council 39, with a view to ensuring coherence with related initiatives and
minimise, to the extent possible, potential fragmentation of the market.
 2010/31/EU recital 13

(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.
 2010/31/EU recital 14 (adapted)
 new

(17)

The Commission should lay down a comparative methodology framework for
calculating cost-optimal levels of minimum energy performance requirements.  A
review of this framework should enable the calculation of both energy and emission
performance and should take into account environmental and health externalities, as
well as the ETS extension and carbon prices.  Member States should use this
 that  framework to compare the results with the minimum energy performance
requirements which they have adopted. Should significant discrepancies, i.e.

37

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).
See page 1 of this Official Journal.
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).

38
39

EN

23

EN

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 this  that 
comparison and the data used to reach these  those  results should be regularly
reported to the Commission. These  Those  reports should enable the
Commission to assess and report on the progress of Member States in reaching costoptimal levels of minimum energy performance requirements.
 2010/31/EU recital 15
Buildings have an impact on long-term energy consumption. Given the long renovation cycle
for existing buildings, new, and existing buildings that are subject to major renovation, should
therefore meet minimum energy performance requirements adapted to the local climate. As
the application of alternative energy supply systems is not generally explored to its full
potential, alternative energy supply systems should be considered for new buildings,
regardless of their size, pursuant to the principle of first ensuring that energy needs for heating
and cooling are reduced to cost-optimal levels.
 2010/31/EU recital 16
(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. 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.
 2010/31/EU recital 17

Measures are needed to increase the number of buildings which not only fulfil current
minimum energy performance requirements, but are also more energy efficient, thereby
reducing both energy consumption and carbon dioxide emissions. For this purpose Member
States should draw up national plans for increasing the number of nearly zero-energy
buildings and regularly report such plans to the Commission.
 new
(19)

EN

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.

24

EN

EN

(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, solar
photovoltaics, heat pumps and biomass, renewable energy provided by renewable
energy communities or citizen energy communities, and district heating and cooling
based on renewables or waste heat.

(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, including a shift
towards emission-free heating systems, is therefore a key goal of this Directive.

(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.

(24)

As regards the rest of the national building stock, Member States are free to decide
whether they wish to introduce minimum energy performance standards, designed at
national level and adapted to national conditions. 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.

(25)

The introduction of minimum energy performance standards should be accompanied
by an enabling framework including technical assistance and financial measures.
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 Unionwide 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

25

EN

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.

EN

(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.

(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. 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) 2021/60 of the European Parliament
and of the Council 40, 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.

(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.

40

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).

26

EN

(32)

Staged renovation can be a solution to address the issues of high upfront costs and
hassle for the inhabitants that may occur when renovating ‘in one go’. However, such
staged renovation needs to be carefully planned in order to avoid that one renovation
step precludes necessary subsequent steps. Renovation passports provide a clear
roadmap for staged renovation, helping owners and investors plan the best timing and
scope for interventions. Therefore, renovation passports should be made available as a
voluntary tool to building owners across all Member States.

(33)

The concept of ‘deep renovation’ has not yet been defined in Union legislation. 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 living conditions of vulnerable households, increasing climate
resilience, resilience against disaster risks including seismic resilience, fire safety, the
removal of hazardous substances including asbestos, and accessibility for persons with
disabilities.

(34)

In order to foster deep renovation, which is one of the goals of the Renovation Wave
strategy, Member States should give enhanced financial and administrative support to
deep renovation.

(35)

Member States should support energy performance upgrades of existing buildings that
contribute to achieving a healthy indoor environment, including through 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 41 and (EU) 2016/2284 42 of the European Parliament and of the Council.

(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 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.
Charging in relation to buildings is particularly important, since this is where electric
vehicles park regularly and for long periods of time. Slow charging is economical and
the installation of recharging points in private spaces can provide energy storage to the
related building and integration of smart charging services and system integration
services in general.

(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

41

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).
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).

42

EN

27

EN

parks of residential and non-residential buildings. Member States should remove
barriers such as split incentives and administrative complications which individual
owners encounter when trying to install a recharging point on their parking space.

EN

(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. Where technically feasible, 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. In situations where bidirectional charging would
assist further penetration of renewable electricity by electric vehicle fleets in transport
and the electricity system in general, such functionality should also be made available.

(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 soft mobility such as
cycling can significantly reduce greenhouse gas emissions from transport. 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. Building codes can effectively support the transition to
cleaner mobility by establishing requirements for a minimum number of bicycle
parking spaces.

(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.

28

EN

(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 enhancedfunctionalities. 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.
 2010/31/EU recital 18 (adapted)
 new

(44)

 Access to sufficient funding is crucial to meet the 2030 and 2050 energy efficiency
targets.  Union financial instruments and other measures are being  have been 
put into place or adapted with the aim of  supporting the energy performance of
buildings  stimulating energy efficiency-related measures.  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 established by
Regulation (EU) 2041/241 of the European Parliament and the Council 43 and the
Social Climate Fund established by Regulation (EU) …/…. 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 44. 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.  Such financial instruments at Union level include, inter alia,
Regulation (EC) No 1080/2006 of the European Parliament and of the Council of 5
July 2006 on the European Regional Development Fund 45, amended to allow
increased investments in energy efficiency in housing; the public-private partnership
on a ‘European energy-efficient buildings’ initiative to promote green technologies
and the development of energy-efficient systems and materials in new and renovated
buildings; the EC-European Investment Bank (EIB) initiative ‘EU sustainable energy
financing initiative’ which aims to enable, inter alia, investments for energy efficiency
and the EIB-led ‘Marguerite Fund’: the 2020 European Fund for Energy, Climate
Change and Infrastructure; Council Directive 2009/47/EC of 5 May 2009 amending
Directive 2006/112/EC as regards reduced rates of value added tax 46, structural and
cohesion funds instrument Jeremie (Joint European Resources for micro to medium
enterprises); the Energy Efficiency Finance Facility; the Competitiveness and
Innovation Framework Programme including the Intelligent Energy Europe II

43

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)
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).
OJ L 210, 31.7.2006, p. 1.
OJ L 116, 9.5.2009, p. 18.

44

45
46

EN

29

EN

Programme focused specifically on removing market barriers related to energy
efficiency and energy from renewable sources through for example the technical
assistance facility ELENA (European Local Energy Assistance); the Covenant of
Mayors; the Entrepreneurship and Innovation programme; the ICT Policy Support
Programme 2010, and the Seventh Research Framework Programme. The European
Bank for Reconstruction and Development also provides funding with the aim of
stimulating energy-efficiency-related measures.
 2010/31/EU recital 19
 new
(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  efficiency measures. 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.
 new

EN

(46)

Financial mechanisms, incentives and the mobilisation of financial institutions for
energy renovations in buildings should play a central role in national building
renovation plans and be actively promoted by Member States. Such measures should
include encouraging energy efficient mortgages for certified energy efficient building
renovations, promoting 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.

(47)

Financing alone will not deliver on the renovation needs. Together with financing,
setting up accessible and transparent advisory tools and assistance instruments such as
one-stop-shops that provide integrated energy renovation services or facilitators, 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.

(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, notably on
vulnerable households, is kept in check. The renovation wave should leave no one
behind and be seized as an opportunity to improve the situation of vulnerable
households, and a fair transition towards climate neutrality should be ensured.
Therefore, financial incentives and other policy measures should as a priority target
vulnerable households, people affected by energy poverty and people living in social
housing, and Member States should take measures to prevent evictions because of
renovation. The Commission proposal for a Council Recommendation on ensuring a

30

EN

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.
 2010/31/EU recital 20
In order to provide the Commission with adequate information, Member States should draw
up lists of existing and proposed measures, including those of a financial nature, other than
those required by this Directive, which promote the objectives of this Directive. The existing
and proposed measures listed by Member States may include, in particular, measures that aim
to reduce existing legal and market barriers and encourage investments and/or other activities
to increase the energy efficiency of new and existing buildings, thus potentially contributing
to reducing energy poverty. Such measures could include, but should not be limited to, free or
subsidised technical assistance and advice, direct subsidies, subsidised loan schemes or low
interest loans, grant schemes and loan guarantee schemes. The public authorities and other
institutions which provide those measures of a financial nature could link the application of
such measures to the indicated energy performance and the recommendations from energy
performance certificates.
 2010/31/EU recital 21
In order to limit the reporting burden on Member States it should be possible to integrate the
reports required by this Directive into the Energy Efficiency Action Plans referred to in
Article 14(2) of Directive 2006/32/EC of the European Parliament and of the Council of 5
April 2006 on energy end-use efficiency and energy services 47. The public sector in each
Member State should lead the way in the field of energy performance of buildings, and
therefore the national plans should set more ambitious targets for the buildings occupied by
public authorities.
 2010/31/EU recital 22 (adapted)
 new

EN

(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  and 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. Information campaigns may serve to further encourage
owners and tenants to improve the energy performance of their building or building
unit. Owners and tenants of commercial buildings should also be encouraged to
exchange information regarding actual energy consumption, in order to ensure that all
the data are available to make informed decisions about necessary improvements. The
energy performance certificate should also provide information about the actual
impact of heating and cooling on the energy needs of the building, on its primary

47

OJ L 114, 27.4.2006, p. 64.

31

EN

energy consumption  , on its renewable energy production  and on its
 operational greenhouse gas  carbon dioxide emissions.
 new
(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.
 2010/31/EU recital 23

Public authorities should lead by example and should endeavour to implement the
recommendations included in the energy performance certificate. Member States should
include within their national plans measures to support public authorities to become early
adopters of energy efficiency improvements and to implement the recommendations included
in the energy performance certificate as soon as feasible.
 2010/31/EU recital 24 (adapted)
 new
(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 these  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.
 2010/31/EU recital 25 (adapted)

(52)

Recent years have seen a rise in the number of air-conditioning systems in European
countries. This  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 climatic conditions and the micro-climate around
buildings.
 2010/31/EU recital 26
 new

(53)

EN

Regular maintenance and inspection of heating  , 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
32

EN

assessment of the entire heating  , 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.
 2010/31/EU recital 27 (adapted)
 new
(54)

A common approach to the energy performance certification of buildings  ,
renovation passports, smart readiness indicators  and to the inspection of heating and
air-conditioning systems, carried out by qualified and/or  certified  accredited
experts, whose independence is to be guaranteed on the basis of objective criteria, will
contribute to a level playing field as regards efforts made in Member States to energy
saving in the buildings sector and will introduce transparency for prospective owners
or users with regard to 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 heating and air-conditioning systems
throughout the Union, an independent control mechanism should be established in
each Member State.
 2010/31/EU recital 28

(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.
 2010/31/EU recital 29

(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.
 2010/31/EU recital 30

Member States should take account of Directive 2005/36/EC of the European Parliament and
of the Council of 7 September 2005 on the recognition of professional qualifications 48 with
regard to the mutual recognition of professional experts which are addressed by this Directive,
48

EN

OJ L 255, 30.9.2005, p. 22.

33

EN

and the Commission should continue its activities under the Intelligent Energy Europe
Programme on guidelines and recommendations for standards for the training of such
professional experts.
 2010/31/EU recital 31 (adapted)
In order to enhance the transparency of energy performance in the Union’s non-residential
property market, uniform conditions for a voluntary common certification scheme for the
energy performance of non-residential buildings should be established. In accordance with
Article 291 TFEU, rules and general principles concerning mechanisms for control by
Member States of the Commission’s exercise of implementing powers shall be laid down in
advance by a regulation adopted in accordance with the ordinary legislative procedure.
Pending the adoption of that new regulation, Council Decision 1999/468/EC of 28 June 1999
laying down the procedures for the exercise of implementing powers conferred on the
Commission 49 continues to apply, with the exception of the regulatory procedure with
scrutiny, which is not applicable.
 2010/31/EU recital 32 (adapted)
 new
(57)

 In order to further the aim of improving the energy performance of buildings, the
power  The Commission should be empowered to adopt delegated 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, and in respect of the establishment of a methodology
framework for calculating cost-optimal levels of minimum energy performance
requirements  , in respect of adapting the thresholds for zero-emission buildings and
the calculation methodology for life-cycle Global Warming Potential, 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 50. 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  .
 new

(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 51 providing tailor-made technical expertise to design
and implement reforms, including those aimed at increasing the annual energy

49

OJ L 184, 17.7.1999, p. 23.
OJ L 123, 12.5.2016, p. 1.
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).

50
51

EN

34

EN

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.
 2010/31/EU recital 33 (adapted)
 new
(59)

Since the objective  objectives  of this Directive, namely of 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, and  but  can
 rather,  by the 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 principles of proportionality, as set out in that Article, this
Directive does not go beyond what is necessary in order to achieve that objective
 those objectives  .
 new

(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.
 2010/31/EU recital 36 (adapted)
 new

EN

(61)

In accordance with point 4434 of the Interinstitutional Agreement on Bbetter LlawMmaking 52, Member States are encouraged to  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). 

52

OJ C 321, 31.12.2003, p. 1.

35

EN

 2010/31/EU recital 34 (adapted)
(62)

The obligation to transpose this Directive into national law should be confined to those
provisions which represent a substantive change  amendment  as compared with
 to the earlier  Directive 2002/91/EC. The obligation to transpose the provisions
which are unchanged arises under that  the earlier  Directive.
 2010/31/EU recital 35 (adapted)

(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 Directive 2002/91/EC.  Directives set out in Annex
VIII, Part B. 
 2010/31/EU (adapted)
 new

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 outdoor
climatic and local conditions, as well as indoor climate requirements 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 and building elements 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; and

(iii) technical building systems whenever they are installed, replaced or upgraded;
 new

EN

(d)

the application of minimum energy performance standards to existing buildings and
existing building units;

(e)

renovation passports;

(f)

national building renovation plans;

36

EN

(g)

sustainable mobility infrastructure in and adjacent to buildings; and

(h)

smart buildings;
 2010/31/EU (adapted)
 new

(d)

national plans for increasing the number of nearly zero-energy buildings;

(ie)

energy  performance  certification of buildings or building units;

(jf)

regular inspection of heating  , ventilation  and air-conditioning systems in
buildings; and

(kg)

independent control systems for energy performance certificates  , renovation
passports, smart readiness indicators  and inspection reports.

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  Treaty on the Functioning of the
European Union. They shall be notified to the Commission.
Article 2
Definitions
For the purpose of this Directive, the following definitions shall apply:
1.

‘building’ means a roofed construction having walls, for which energy is used to
condition the indoor climate;
 new

2.

‘zero-emission building’ means a building with a very high energy performance, as
determined in accordance with Annex I, where the very low amount of energy still
required is fully covered by energy from renewable sources generated on-site, from a
renewable energy community within the meaning of Directive (EU) 2018/2001
[amended RED] or from a district heating and cooling system, in accordance with the
requirements set out in Annex III;
 2010/31/EU (adapted)
 new

32.

EN

‘nearly zero-energy building’ means a building  with  that has 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  .tThe nearly zero or very low amount of energy
required should be  is  covered to a very significant extent by energy from
renewable sources, including energy from renewable sources produced on-site or
nearby;

37

EN

 new
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, thereby triggering renovation of existing buildings;

5.

‘public bodies’ means ‘contracting authorities’ as defined in Article 2(1) of Directive
2014/24/EU of the European Parliament and of the Council 53;
 2018/844 Art. 1.1(a)
 new

63.

‘technical building system’ means technical equipment for space heating, space
cooling, ventilation, domestic hot water, built-in lighting, building automation and
control, on-site  renewable energy  electricity generation  and storage  , or a
combination thereof, including those systems using energy from renewable sources,
of a building or building unit;
 2018/844 Art. 1.1(b)

73a.

‘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;
 2010/31/EU (adapted)

84.

‘energy performance of a building’ means the calculated or  metered 
measured 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 and lighting;

95.

‘primary energy’ means energy from renewable and non-renewable sources which
has not undergone any conversion or transformation process;
 new

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;

53

EN

OJ L 94, 28.3.2014, p. 65.

38

EN

12.

‘total primary energy factor’ means the weighted sum of renewable and nonrenewable primary energy factors for a given energy carrier;
 2010/31/EU (adapted)
 new

136.

‘energy from renewable sources’ means energy from renewable non-fossil sources,
namely wind, solar  (solar thermal and solar photovoltaic)  , aerothermal,
 and  geothermal  energy  , hydrothermal  ambient energy, tide,
wave  and  other  ocean energy, hydropower, biomass, landfill gas, sewage
treatment plant gas, and biogases;

147.

‘building envelope’ means the integrated elements of a building which separate its
interior from the outdoor environment;

158.

‘building unit’ means a section, floor or apartment within a building which is
designed or altered to be used separately;

169.

‘building element’ means a technical building system or an element of the building
envelope;
 new

17.

‘dwelling’ means 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 all year round;

18.

‘renovation passport’ means a document that provides a tailored roadmap for the
renovation of a specific building in several steps that will significantly improve its
energy performance;

19.

‘deep renovation’ means a renovation which transforms a building or building unit

20.

(a)

before 1 January 2030, into a nearly zero-energy building;

(b)

as of 1 January 2030, into a zero-emission building;

‘staged deep renovation’ means a deep renovation carried out in several steps,
following the steps set out in a renovation passport in accordance with Article 10;
 2010/31/EU (adapted)

2110.

‘major renovation’ means the renovation of a building where:
(a)

the total cost of the renovation relating to the building envelope or the technical
building systems is higher than 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;

Member States may choose to apply option (a) or (b).

EN

39

EN

 new
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, 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 ‘grave’ (the deconstruction of the building and reuse, recycling, other recovery
and disposal of its materials);

24.

‘Life-cycle Global Warming Potential (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 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;
 2010/31/EU (adapted)

2811.

‘European standard’ means a standard adopted by the European Committee for
Standardisation, the European Committee for Electrotechnical Standardisation or the
European Telecommunications Standards Institute and made available for public use;

2912.

‘energy performance certificate’ means a certificate recognised by a Member State or
by a legal person designated by it, which indicates the energy performance of a
building or building unit, calculated according to a methodology adopted in
accordance with Article 43;

3013.

‘cogeneration’ means simultaneous generation in one process of thermal energy and
electrical and/or mechanical energy;

3114.

‘cost-optimal level’ means the energy performance level which leads to the lowest
cost during the estimated economic lifecycle, where:
(a)

the lowest cost is determined taking into account:
 new
i) the category and use of building concerned:
 2010/31/EU
 new
ii) energy-related investment costs  based on official forecasts  ;,
iii) maintenance and operating costs, (including energy costs and savings,
 taking into account the cost of greenhouse gas allowances; 

EN

40

EN

 new
iv) environmental and health externalities of energy use;
 2010/31/EU (adapted)
 new
v) the category of building concerned, earnings from energy produced)  onsite  , where applicable;,
vi) and disposal  waste management  costs, where applicable; and
(b)

the estimated economic lifecycle is determined by each Member State. It
 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;
 new
32.

‘recharging point’ means a recharging point as defined in Article 2(41) of [AFIR];

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];

36.

'mortgage portfolio standards’ means mechanisms incentivising mortgage lenders to
increase the median energy performance of the portfolio of buildings covered by
their mortgages and to encourage potential clients to make their property more
energy-performant along the Union’s decarbonisation ambition and relevant energy
targets in the area of energy consumption in buildings, relying on the definition of
sustainable economic activities in the EU Taxonomy;

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, which facilitates
informed decision making and information sharing within the construction sector,
among building owners and occupants, financial institutions and public authorities;
 2010/31/EU

3815.

EN

‘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;

41

EN

 2018/844 Art. 1.1(c)
 new
3915a. ‘heating system’ means a combination of the components required to provide a form
of indoor air treatment, by which the temperature is increased;
4015b. ‘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;

4115c. ‘energy performance contracting’ means energy performance contracting as defined
in point (27) of Article 2, point (29), of Directive (EU) …/… [recast Energy
Efficiency Directive]Directive 2012/27/EU of the European Parliament and of the
Council 54;
 2010/31/EU
4216.

‘boiler’ means the combined boiler body-burner unit, designed to transmit to fluids
the heat released from burning;

4317.

‘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;

18.

‘heat pump’ means a machine, a device or installation that transfers heat from natural
surroundings such as air, water or ground to buildings or industrial applications by
reversing the natural flow of heat such that it flows from a lower to a higher
temperature. For reversible heat pumps, it may also move heat from the building to
the natural surroundings;

4419.

‘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;
 new

EN

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;

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

54

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).

42

EN

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;

EN

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
disregarding any technical building system inefficiencies;

52.

‘energy use’ means energy input to a technical building system providing a EPBservice intended to satisfy an energy need;

53.

‘self-used’ means part of on-site or nearby produced renewable energy used by onsite 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 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.

43

EN

 2018/844 Art. 1.1(d)
20.

‘micro isolated system’ means micro isolated system as defined in point 27 of Article
2 of Directive 2009/72/EC of the European Parliament and of the Council 55.
 2018/844 Art. 1.2 (adapted)
Article 32a
 National building renovation plan  Long-term renovation strategy
 2018/1999 Art. 53.1(a)
 new

1.
Each Member State shall establish a long-term renovation strategy  national building
renovation plan  to support  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, facilitating the cost-effective transformation of  with
the objective to transform  existing buildings into nearly zero-energy  zero-emission 
buildings.
Each long-term renovation strategy  building renovation plan  shall encompass:
 2018/844 Art. 1.2
 new
(a)

an overview of the national building stock  for different building types,
construction periods and climatic zones  , based, as appropriate, on statistical
sampling and expected share of renovated buildings in 2020  the national database
for energy performance certificates pursuant to Article 19, an overview of market
barriers and market failures and an overview of the capacities in the construction,
energy efficiency and renewable energy sectors  ;
(b) the identification of cost-effective approaches to renovation relevant to the
building type and climatic zone, considering potential relevant trigger points, where
applicable, in the life-cycle of the building;
(c) policies and actions to stimulate cost-effective deep renovation of buildings,
including staged deep renovation, and to support targeted cost-effective measures
and renovation for example by introducing an optional scheme for building
renovation passports;
(d) an overview of policies and actions to target the worst performing segments of
the national building stock, split-incentive dilemmas and market failures, and an
outline of relevant national actions that contribute to the alleviation of energy
poverty;

55

EN

Directive 2009/72/EC of the European Parliament and of the Council of 13 July 2009 concerning
common rules for the internal market in electricity and repealing Directive 2003/54/EC (OJ L 211,
14.8.2009, p. 55).

44

EN

(e)

policies and actions to target all public buildings;

(f) an overview of national initiatives to promote smart technologies and wellconnected buildings and communities, as well as skills and education in the
construction and energy efficiency sectors; and
(g) an evidence-based estimate of expected energy savings and wider benefits,
such as those related to health, safety and air quality.
 new
(b)

a roadmap with nationally established targets and measurable progress indicators,
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, supporting the
implementation of the roadmap pursuant to point (b); and

(d)

an outline of the investment needs for the implementation of the building renovation
plan, the financing sources and measures, and the administrative resources for
building renovation.

The roadmap referred to in point (b) shall include national targets for 2030, 2040 and 2050 as
regards the annual energy renovation rate, the primary and final energy consumption of the
national building stock and its operational greenhouse gas emission reductions; specific
timelines for buildings to achieve higher energy performance classes than those pursuant to
Article 9(1), by 2040 and 2050, in line with the pathway for transforming the national
building stock into zero-emission buildings; an evidence-based estimate of expected energy
savings and wider benefits; and 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 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.
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 as part of its draft integrated national energy and
climate plan referred to in Article 9 of Regulation (EU) 2018/1999 and, where the Member
States submits a draft update, its draft update referred to in Article 14 of that Regulation. 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.
 2018/844 Art. 1.2
 new
2.
In its long-term renovation strategy, each Member State shall set out a roadmap with
measures and domestically established measurable progress indicators, with a view to the
long-term 2050 goal of reducing greenhouse gas emissions in the Union by 80-95 %
compared to 1990, in order to ensure a highly energy efficient and decarbonised national
building stock and in order to facilitate the cost-effective transformation of existing buildings

EN

45

EN

into nearly zero-energy buildings. The roadmap shall include indicative milestones for 2030,
2040 and 2050, and specify how they contribute to achieving the Union’s energy efficiency
targets in accordance with Directive 2012/27/EU.
3.
To support the mobilisation of investments into the renovation needed to achieve the
goals referred to in paragraph 1, Member States shall facilitate access to appropriate
mechanisms for:
(a) the aggregation of projects, including by investment platforms or groups, and
by consortia of small and medium-sized enterprises, to enable investor access as well
as packaged solutions for potential clients;
(b) the reduction of the perceived risk of energy efficiency operations for investors
and the private sector;
(c) the use of public funding to leverage additional private-sector investment or
address specific market failures;
(d) guiding investments into an energy efficient public building stock, in line with
Eurostat guidance; and
(e) accessible and transparent advisory tools, such as one-stop-shops for
consumers and energy advisory services, on relevant energy efficiency renovations
and financing instruments.
4.
The Commission shall collect and disseminate, at least to public authorities, best
practices on successful public and private financing schemes for energy efficiency renovation
as well as information on schemes for the aggregation of small-scale energy efficiency
renovation projects. The Commission shall identify and disseminate best practices on
financial incentives to renovate from a consumer perspective taking into account costefficiency differences between Member States.
35.
To support the development of its long-term renovation strategy  building
renovation plan  , each Member State shall carry out a public consultation on its  draft
building renovation plan  long-term renovation strategy 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.  Each Member State shall annex a summary of the results of its
public consultation to its long-term renovation strategy  draft building renovation plan  .
Each Member State shall establish the modalities for consultation in an inclusive way during
the implementation of its long-term renovation strategy.
 new
4.
The Commission shall assess the national draft building renovation plans, in particular
whether:

EN

(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;

46

EN

(d)

the public consultation pursuant to paragraph 3 has been sufficiently inclusive;
and

(e)

the plans comply with the requirements of paragraph 1 and the template in
Annex II.

After consulting the Committee established by Article 30, the Commission may issue countryspecific 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 countryspecific recommendations to Member States no later than six months after the Member State
has submitted that plan.
5.
Each 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 as part of 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 building renovation plan
to the Commission by 30 June 2025.
 2018/844 Art. 1.2
 new
76.
Each Member State shall annex the details of the implementation of its most recent
long-term renovation strategy  or building renovation plan  to its  next final building
renovation plan  long-term renovation strategy, including on the planned policies and
actions.  Each Member State shall state whether its national targets have been achieved. 
 new
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.
 2018/844 Art. 1.2
7.
Each Member State may use its long-term renovation strategy to address fire safety
and risks related to intense seismic activity affecting energy efficiency renovations and the
lifetime of buildings.

EN

47

EN

 2018/1999 Art. 53.1(b)
8.
Each Member State's long-term renovation strategy shall be submitted to the
Commission as part of its final integrated national energy and climate plan referred to in
Article 3 of Regulation (EU) 2018/1999 of the European Parliament and of the Council 56. As
a derogation from Article 3(1) of that Regulation, the first long-term renovation strategy
under paragraph 1 of this Article shall be submitted to the Commission by 10 March 2020.
 2010/31/EU (adapted)
 new
Article 43
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.
This  That  methodology shall be adopted at national or regional level.
Article 54
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. The energy performance shall be calculated in accordance with
the methodology referred to in Article 43. Cost-optimal levels shall be calculated in
accordance with the comparative methodology framework referred to in Article 65 once the
framework is in place.
Member States shall take the necessary measures to ensure that minimum energy performance
requirements are set for 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
replaced or retrofitted, with a view to achieving  at least  cost-optimal levels.
When setting requirements, Member States may differentiate between new and existing
buildings and between different categories of buildings.
These  Those  requirements shall take account of general indoor climate conditions, in
order to avoid possible negative effects such as inadequate ventilation, as well as local
conditions and the designated function and the age of the building.
A Member State shall not be required to set minimum energy performance requirements
which are not cost-effective over the estimated economic lifecycle.

56

EN

Regulation (EU) 2018/1999 of the European Parliament and of the Council of 11 December 2018 on the
Governance of the Energy Union and Climate Action, amending Regulations (EC) No 663/2009 and
(EC) No 715/2009 of the European Parliament and of the Council, Directives 94/22/EC, 98/70/EC,
2009/31/EC, 2009/73/EC, 2010/31/EU, 2012/27/EU and 2013/30/EU of the European Parliament and
of the Council, Council Directives 2009/119/EC and (EU) 2015/652 and repealing Regulation (EU) No
525/2013 of the European Parliament and of the Council (OJ L 328, 21.12.2018, p. 1).

48

EN

 Member States shall review their  mMinimum energy performance requirements shall
be reviewed at regular intervals which shall not be longer than five years and  shall  , if
necessary, shall be updated  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  .
 new
2.
Member States may decide to adapt 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.
 2010/31/EU (adapted)
 new
32.
Member States may decide not to set or apply the requirements referred to in
paragraph 1 to the following categories of buildings:
(a)

buildings officially protected as part of a designated environment or because of
their special architectural or historical merit, in so far as compliance with
certain minimum energy performance requirements would unacceptably alter
their character or appearance;

(ab) buildings used as places of worship and for religious activities;
(bc) temporary buildings with a time of use of two years or less, industrial sites,
workshops and non-residential agricultural buildings with low energy demand
and non-residential agricultural buildings which are in use by a sector covered
by a national sectoral agreement on energy performance;
(cd) 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;
(de) stand-alone buildings with a total useful floor area of less than 50 m2.
Article 65
Calculation of cost-optimal levels of minimum energy performance requirements
1.
The Commission shall  is empowered to  establish by means of  adopt 
delegated acts in accordance with Articles 2923, 24 and 25 by 30 June 2011
 concerning  a comparative methodology framework for calculating cost-optimal levels
of minimum energy performance requirements for buildings and building elements.  By 30
June 2026, 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. 
The comparative methodology framework shall be established  laid down  in
accordance with Annex VIIIII and shall differentiate between new and existing buildings and
between different categories of buildings.

EN

49

EN

2.
Member States shall calculate cost-optimal levels of minimum energy performance
requirements using the comparative methodology framework established in accordance with
paragraph 1 and relevant parameters, such as climatic conditions and the practical
accessibility of energy infrastructure, and compare the results of this  that  calculation
with the minimum energy performance requirements in force.
Member States shall report to the Commission all input data and assumptions used for those
calculations and the results of those calculations. Member States shall  update and  submit
those reports to the Commission at regular intervals, which shall not be longer than five years.
The first report shall be submitted by 30 June 2012.  The first report based on the revised
methodology framework pursuant to paragraph 1 shall be submitted by 30 June 2028.
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%  significantly
less energy efficient than cost-optimal levels of minimum energy performance requirements,
the Member State concerned shall  include in the report  justify this difference in writing
to the Commission in the report referred to in paragraph 2, accompanied, to the extent that the
gap cannot be justified, by a plan outlining appropriate steps to significantly reduce the gap by
the next review of the energy performance requirements as referred to in Article 54(1).
4.
The Commission shall publish a report on the progress of the Member States in
reaching cost-optimal levels of minimum energy performance requirements.
 2018/844 Art. 1.3
Article 76
New buildings
 new
1.
Member States shall ensure that from the following dates, new buildings are zeroemission buildings in accordance with Annex III:
(a)

as of 1 January 2027, new buildings occupied or owned by public authorities;
and

(b)

as of 1 January 2030, all new buildings;
 2018/844 Art. 1.3 (adapted)
 new

1.  Until the application of the requirements under the first subparagraph,  Member States
shall take the necessary measures to 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 55.
 new
2.
Member States shall ensure that the life-cycle Global Warming Potential (GWP) is
calculated in accordance with Annex III and disclosed through the energy performance
certificate of the building:

EN

50

EN

(a)

as of 1 January 2027, for all new buildings with a useful floor area larger than
2000 square meters; and

(b)

as of 1 January 2030, for all new buildings.

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, to set adapted maximum energy performance thresholds in Annex III to renovated
buildings and to adapt the maximum energy performance thresholds for zero-emission
buildings.
4.
Member States shall address, in relation to new buildings, the issues of healthy indoor
climate conditions, adaptation to climate change, fire safety, risks related to intense seismic
activity and accessibility for persons with disabilities. Member States shall also address
carbon removals associated to carbon storage in or on buildings.
 2018/844 Art. 1.3
2.
Member States shall ensure that, before construction of new buildings starts, the
technical, environmental and economic feasibility of high-efficiency alternative systems, if
available, is taken into account.
 2010/31/EU (adapted)
Article 87
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 54 in so far as this  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 this  that  is technically, functionally and economically feasible.
Member States shall determine these minimum energy performance requirements in
accordance with Article 4.
 2018/844 Art. 1.4 (adapted)
 new
3.
Member States shall encourage, in relation to buildings undergoing major renovation,
high-efficiency alternative systems, in so far as this  that  is technically, functionally
and economically feasible.  Member States , and shall address  , in relation to
buildings undergoing major renovation,  the issues of healthy indoor climate conditions,
 adaptation to climate change,  fire safety, and risks related to intense seismic activity  ,

EN

51

EN

the removal of hazardous substances including asbestos and accessibility for persons with
disabilities  .
 new
Article 9
Minimum energy performance standards
1.

Member States shall ensure that
(a)

(b)

(c)

buildings and building units owned by public bodies achieve at the latest
(i)

after 1 January 2027, at least energy performance class F; and

(ii)

after 1 January 2030, at least energy performance class E;

non-residential buildings and building units, other than those owned by public
bodies, achieve at the latest
(i)

after 1 January 2027, at least energy performance class F; and

(ii)

after 1 January 2030, at least energy performance class E;

residential buildings and building units achieve at the latest
(i)

after 1 January 2030, at least energy performance class F; and

(ii)

after 1 January 2033, at least energy performance class E;

In their roadmap referred to in Article 3(1)(b), Member States shall establish specific
timelines for the buildings referred to in this paragraph to achieve higher energy performance
classes by 2040 and 2050, in line with the pathway for transforming the national building
stock into zero-emission buildings.
2.
In addition to the minimum energy performance standards established pursuant to
paragraph 1, each Member State may establish minimum energy performance standards for
the renovation of all other existing buildings.
Where established, the minimum energy performance standards shall be designed with a view
to the national roadmap and the 2030, 2040 and 2050 targets contained in the Member State’s
building renovation plan and to the transformation of the national building stock into zeroemission 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, in particular those targeting
vulnerable households, people affected by energy poverty or living in social
housing, in line with Article 22 of Directive (EU) .../…. [recast EED];

(b)

providing technical assistance, including through one-stop-shops;

(c)

designing integrated financing schemes;

(d)

removing non-economic barriers, including split incentives; and

(e)

monitoring social impacts, in particular on the most vulnerable.

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

EN

52

EN

performance requirements for building elements pursuant to Article 5 and, in case of major
renovation, with the minimum energy performance requirements for existing buildings
pursuant to Article 8.
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, in so far as compliance with the
standards would unacceptably alter their character or appearance;

(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 and non-residential agricultural buildings with low energy demand
and non-residential agricultural buildings which are used by a sector covered
by a national sectoral agreement on energy performance;

(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 and penalties in accordance with Article 31.
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 2.
2.
By 31 December 2024, Member States shall introduce a scheme of renovation
passports based on the common framework established in accordance with paragraph 1.
3.

EN

The renovation passport shall comply with the following requirements:
(a)

it shall be issued by a qualified and certified expert, following an on-site visit;

(b)

it shall comprise a renovation roadmap indicating a sequence of renovation
steps building upon each other, with the objective to transform the building
into a zero-emission building by 2050 at the latest;

(c)

it shall indicate the expected benefits in terms of energy savings, savings on
energy bills and operational greenhouse emission reductions as well as wider
benefits related to health and comfort and the improved adaptive capacity of
the building to climate change; and

(d)

it shall contain information about potential financial and technical support.

53

EN

 2018/844 Art. 1.5 (adapted)
 new
Article 118
Technical building systems, electromobility and smart readiness indicator
1.
Member States shall, for the purpose of optimising the energy use of technical
building systems, set system requirements in respect of the overall energy performance, the
proper installation, and the appropriate dimensioning, adjustment and control of the technical
building systems which are installed in  new or  existing buildings. Member States may
also apply these system requirements to new buildings.  When setting up the requirements,
Member States shall take account of design conditions and typical or average operating
conditions. 
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.
 new
Member States may set requirements related to the greenhouse gas emissions of, or to the type
of fuel used by heat generators provided that such requirements do not constitute an
unjustifiable market barrier.
Member States shall ensure that the requirements they set for technical building systems reach
at least the latest cost-optimal levels.
 2018/844 Art. 1.5
2.
Member States shall require new buildings, where technically and economically
feasible, to be equipped with self-regulating devices for the separate regulation of the
temperature in each room or, where justified, in a designated heated zone of the building unit.
In existing buildings, the installation of such self-regulating devices shall be required when
heat generators are replaced, where technically and economically feasible.
 new
3.
Member States shall require zero-emission buildings to be equipped with measuring
and control devices for the monitoring and regulation of indoor air quality. In existing
buildings, the installation of such devices shall be required, where technically and
economically feasible, when a building undergoes a major renovation.
4.
Member States shall ensure that, when a technical building system is installed, the
overall energy performance of the altered part, and where relevant, of the complete altered
system, is assessed. The results shall be documented and passed on to the building owner, 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.

EN

54

EN

 2018/844 Art. 1.5 (adapted)
 new
Article 12
 Infrastructure for sustainable mobility 
12.
With regard to new non-residential buildings and non-residential buildings undergoing
major renovation, with more than ten  five  parking spaces, Member States shall ensure:
(a)

the installation of at least one recharging point within the meaning of Directive
2014/94/EU of the European Parliament and of the Council 57;
 new

(b)

the installation of pre-cabling for every parking space to enable the installation
at a later stage of recharging points for electric vehicles; and

(c)

at least one bicycle parking space for every car parking space;
 2018/844 Art. 1.5 (adapted)

and ducting infrastructure, namely conduits for electric cables, for at least one in every five
parking spaces to enable the installation at a later stage of recharging points for electric
vehicles where (a) the car park is located inside the building, and, for major renovations,
renovation measures include the car park or the electrical infrastructure of the building,; or (b)
the car park is physically adjacent to the building, and, for major renovations, renovation
measures include the car park or the electrical infrastructure of the car park.
 new
Member States shall ensure that the pre-cabling is dimensioned so as to enable the
simultaneous use of the expected number of recharging points.
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.
 2018/844 Art. 1.5 (adapted)
 new
The Commission shall report to the European Parliament and the Council by 1 January 2023
on the potential contribution of a Union building policy to the promotion of electromobility
and shall, if appropriate, propose measures in that regard.
23.
 With regard to  Member States shall lay down requirements for the installation
of a minimum number of recharging points for all non-residential buildings with more than
57

EN

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).

55

EN

twenty parking spaces, by 1 January 2025  Member States shall ensure the installation of at
least one recharging point for every ten parking spaces, and at least one bicycle parking space
for every car parking space, by 1 January 2027. In 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. 
 new
3.
Member States may adjust requirements for the number of bicycle parking spaces in
accordance with paragraphs 1 and 2 for specific categories of non-residential buildings where
bicycles are typically less used as a means of transport.
 2018/844 Art. 1.5
 new
4.
Member States may decide not to lay down or apply the requirements referred to in
paragraphs 2 and 3 to buildings owned and occupied by small and medium-sized enterprises
as defined in Title I of the Annex to Commission Recommendation 2003/361/EC 58.
45.
With regard to new residential buildings and residential buildings undergoing major
renovation, with more than ten  three  parking spaces, Member States shall ensure:
(a)

the installation of ducting infrastructure, namely conduits for electric cables,
 pre-cabling  for every parking space to enable the installation, at a later
stage, of recharging points for electric vehicles;,  and 
 new

(b)

at least two bicycle parking spaces for every dwelling.
 2018/844 Art. 1.5 (adapted)

where: (a)
the car park is located inside the building, and, for major renovations,
renovation measures include the car park or the electric infrastructure of the building,; or (b)
the car park is physically adjacent to the building, and, for major renovations,
renovation measures include the car park or the electrical infrastructure of the car park.
 new
Member States shall ensure that the pre-cabling is dimensioned to enable the simultaneous use
of recharging points on all parking spaces. Where, in the case of major renovation, ensuring
two bicycle parking spaces for every dwelling is not feasible, Member States shall ensure as
many bicycle parking spaces as appropriate.

58

EN

Commission Recommendation of 6 May 2003 concerning the definition of micro, small and mediumsized enterprises (OJ L 124, 20.5.2003, p. 36).

56

EN

 2018/844 Art. 1.5
 new
56. Member States may decide not to apply paragraphs 12, 23 and 45 to specific categories of
buildings where: (a) with regard to with regard to paragraphs 2 and 5, building permit
applications or equivalent applications have been submitted by 10 March 2021;(b) the precabling ducting infrastructure 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.
(c)

the cost of the recharging and ducting installations exceeds 7 % of the total cost
of the major renovation of the building;

(d)

a public building is already covered by comparable requirements according to
the transposition of Directive 2014/94/EU.
 new

6.
Member States shall ensure that the recharging points referred to in paragraphs 1, 2
and 4 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 encourage that operators of non-publicly accessible recharging
points operate them in accordance with Article 5(4) of Regulation (EU) .../….[AFIR], where
applicable.
 2018/844 Art. 1.5 (adapted)
 new
87.
Member States shall provide for measures in order to simplify the deployment of
recharging points in new and existing residential and non-residential buildings and address
possible  remove  regulatory barriers, including permitting and approval procedures,
without prejudice to the property and tenancy law of the Member States.  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. 
 new
Member States shall ensure the availability of technical assistance for building owners and
tenants wishing to install recharging points.
 2018/844 Art. 1.5 (adapted)
 new
98.
Member States shall consider the need for coherent  ensure the coherence of 
policies for buildings, soft and green mobility and urban planning.

EN

57

EN

9.
Member States shall ensure that, when a technical building system is installed,
replaced or upgraded, the overall energy performance of the altered part, and where relevant,
of the complete altered system, is assessed. The results shall be documented and passed on to
the building owner, so that they remain available and can be used for the verification of
compliance with the minimum requirements laid down pursuant to paragraph 1 of this Article
and the issue of energy performance certificates. Without prejudice to Article 12, Member
States shall decide whether to require the issuing of a new energy performance certificate.
Article 13
 Smart readiness of buildings 
110. The Commission shall, by 31 December 2019, adopt a delegated act  acts  in
accordance with Article 2923, supplementing this Directive by establishing
 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 and the grid and to improve its
energy efficiency and overall performance.
In accordance with Annex IVIa, the optional common Union scheme for rating the smart
readiness of buildings shall  lay down  :
(a)

establish the definition of the smart readiness indicator; and

(b)

establish a methodology by which it is to be calculated.
 new

2.
The Commission shall, by 31 December 2025, adopt a delegated act in accordance
with Article 29, requiring the application 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, or systems for combined space heating and
ventilation of over 290 kW.
 2018/844 Art. 1.5 (adapted)
311. The Commission shall, by 31 December 2019, and 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 110 of this Article, 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 1611.
That implementing act shall be adopted in accordance with the examination procedure
referred to in Article 3026(3).
 new
4.
The Commission shall, by 31 December 2025, and 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, or systems for combined heating
and ventilation of over 290 kW.

EN

58

EN

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. At their request, the access or data shall be made
available to a third party. Member States shall facilitate the full interoperability of services
and of data exchange within the Union in accordance with paragraph 6.
For the purpose of this Directive, building systems data shall include at least all data related to
the energy performance of building elements, the energy performance of building services,
building automation and control systems, meters and charging points for e-mobility.
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
specify the rules on the access to building systems data by eligible parties in accordance with
this Article and the applicable Union legal framework.
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. 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.
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 59.
5.
The Commission shall adopt implementing acts detailing interoperability requirements
and non-discriminatory and transparent procedures for access to the data. Those implementing
acts shall be adopted in accordance with the advisory procedure referred to in Article 30(2).
 2010/31/EU
Article 9
Nearly zero-energy buildings
1.

Member States shall ensure that:
(a)

by 31 December 2020, all new buildings are nearly zero-energy buildings; and

(b) after 31 December 2018, new buildings occupied and owned by public
authorities are nearly zero-energy buildings.
59

EN

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).

59

EN

Member States shall draw up national plans for increasing the number of nearly zero-energy
buildings. These national plans may include targets differentiated according to the category of
building.
2.
Member States shall furthermore, following the leading example of the public sector,
develop policies and take measures such as the setting of targets in order to stimulate the
transformation of buildings that are refurbished into nearly zero-energy buildings, and inform
the Commission thereof in their national plans referred to in paragraph 1.
3.

The national plans shall include, inter alia, the following elements:
(a) the Member State’s detailed application in practice of the definition of nearly
zero-energy buildings, reflecting their national, regional or local conditions, and
including a numerical indicator of primary energy use expressed in kWh/m2 per year.
Primary energy factors used for the determination of the primary energy use may be
based on national or regional yearly average values and may take into account
relevant European standards;
(b) intermediate targets for improving the energy performance of new buildings,
by 2015, with a view to preparing the implementation of paragraph 1;
(c) information on the policies and financial or other measures adopted in the
context of paragraphs 1 and 2 for the promotion of nearly zero-energy buildings,
including details of national requirements and measures concerning the use of energy
from renewable sources in new buildings and existing buildings undergoing major
renovation in the context of Article 13(4) of Directive 2009/28/EC and Articles 6 and
7 of this Directive.

4.
The Commission shall evaluate the national plans referred to in paragraph 1, notably
the adequacy of the measures envisaged by the Member State in relation to the objectives of
this Directive. The Commission, taking due account of the principle of subsidiarity, may
request further specific information regarding the requirements set out in paragraphs 1, 2 and
3. In that case, the Member State concerned shall submit the requested information or propose
amendments within nine months following the request from the Commission. Following its
evaluation, the Commission may issue a recommendation.
 2018/1999 Art. 53.3
5.
As part of its State of the Energy Union report referred to in Article 35 of Regulation
(EU) 2018/1999, the Commission shall report every four years to the European Parliament
and to the Council on the progress of Member States in increasing the number of nearly zeroenergy buildings. On the basis of this reported information the Commission shall, where
necessary, develop an action plan and propose recommendations and measures in accordance
with Article 34 of Regulation (EU) 2018/1999 to increase the number of those buildings and
encourage best practices as regards the cost-effective transformation of existing buildings into
nearly zero-energy buildings.
 2010/31/EU
6.
Member States may decide not to apply the requirements set out in points (a) and (b)
of paragraph 1 in specific and justifiable cases where the cost-benefit analysis over the
economic lifecycle of the building in question is negative. Member States shall inform the
Commission of the principles of the relevant legislative regimes.

EN

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Article 1510
Financial incentives and market barriers
1.
In view of the importance of providing appropriate financing and other instruments to
catalyse the energy performance of buildings and the transition to nearly zero-energy
buildings, Member States shall take appropriate steps to consider the most relevant such
instruments in the light of national circumstances.
 new
1.
Member States shall provide appropriate financing, support measures and other
instruments able 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.
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, or
allowing co-ownership structures to be direct recipients of financial support.
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.
4.
To support the mobilisation of investments, Member States shall promote the roll-out
of enabling funding and financial tools, such as energy efficiency loans and mortgages for
building renovation, energy performance contracting, fiscal incentives, on-tax schemes, onbill schemes, guarantee funds, funds targeting deep renovations, funds targeting renovations
with a significant minimum threshold of targeted energy savings and mortgage portfolio
standards. They shall guide investments into an energy efficient public building stock, in line
with Eurostat guidance on the recording of Energy Performance Contracts in government
accounts.
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 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 ensure the establishment of technical assistance facilities,
including through one-stop-shops, targeting all actors involved in building renovations,
including home owners and administrative, financial and economic actors, including smalland medium-sized enterprises.
7.
Member States shall put in place measures and financing to promote education and
training to ensure that there is a sufficient workforce with the appropriate level of skills
corresponding to the needs in the building sector.

EN

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 2010/31/EU
 new
84.
The Commission shall, where appropriate, assist upon request Member States in
setting up national or regional financial support programmes with the aim of increasing the
energy  performance of  efficiency in buildings, especially of existing buildings, by
supporting the exchange of best practice between the responsible national or regional
authorities or bodies.
The Commission shall collect and disseminate best practices on successful public and private
financing schemes and incentives for renovation and other policies and measures as well as
information on schemes for the aggregation of small-scale energy renovation projects. The
Commission shall identify and disseminate best practices on financial incentives to renovate
from a consumer perspective, taking into account cost-efficiency differences between
Member States.
5.
In order to improve financing in support of the implementation of this Directive and
taking due account of the principle of subsidiarity, the Commission shall, preferably by 2011,
present an analysis on, in particular:
(a) the effectiveness, the appropriateness of the level, and the actual amount used,
of structural funds and framework programmes that were used for increasing energy
efficiency in buildings, especially in housing;
(b) the effectiveness of the use of funds from the EIB and other public finance
institutions;
(c) the coordination of Union and national funding and other forms of support that
can act as a leverage for stimulating investments in energy efficiency and the
adequacy of such funds for achieving Union objectives.
On the basis of that analysis, and in accordance with the multiannual financial framework, the
Commission may subsequently submit, if it considers this appropriate, proposals with respect
to Union instruments to the European Parliament and the Council.
 2018/844 Art. 1.6
 new
96.
Member States shall link their financial measures for energy  performance 
efficiency improvements in the renovation of buildings to the targeted or achieved energy
savings, as determined by one or more of the following criteria:

EN

(a)

the energy performance 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 minimum energy performance requirements for
building elements  ;

(b)

standard values for calculation of energy 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;

62

EN

(e)

the results of another relevant, transparent and proportionate method that
shows the improvement in energy performance.
 new

10.
From 1 January 2027 at the latest, Member States shall not provide any financial
incentives for the installation of boilers powered by fossil fuels, with the exception of those
selected for investment, before 2027, in accordance with Article 7(1)(h)(i) third hyphen of
Regulation (EU) 2021/1058 of the European Parliament and the Council 60 on the European
Regional Development Fund and on the Cohesion Fund and with Article 73 of Regulation
(EU) 2021/2115 of the European Parliament and the Council 61 on the CAP Strategic Plans.
11.
Member States shall incentivise deep renovation and sizeable programmes that
address a high number of buildings and result in an overall reduction of at least 30 % of
primary energy demand with higher financial, fiscal, administrative and technical support.
Member States shall ensure that a staged deep renovation which receives public financial
incentives follows the steps set out in a renovation passport.
12.
Financial incentives shall target as a priority vulnerable households, people affected
by energy poverty and people living in social housing, in line with Article 22 of Directive
(EU) .../…. [recast EED].
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, in particular by providing rent support or
by imposing caps on rent increases.
 2018/844 Art. 1.6
6a.
Databases for energy performance certificates shall allow data to be gathered on the
measured or calculated energy consumption of the buildings covered, including at least public
buildings for which an energy performance certificate, as referred to in Article 13, has been
issued in accordance with Article 12.
6b.
At least aggregated anonymised data compliant with Union and national data
protection requirements shall be made available on request for statistical and research
purposes and to the building owner.
 2010/31/EU
 new
7.
The provisions of this Directive shall not prevent Member States from providing
incentives for new buildings, renovations or building elements which go beyond the costoptimal levels.
60
61

EN

Regulation (EU) 2021/1058 of the European Parliament and of the Council of 24 June 2021 on the
European Regional Development Fund and on the Cohesion Fund (OJ L 231, 30.6.2021, p. 60).
Regulation (EU) 2021/2115 of the European Parliament and of the Council of 2 December 2021
establishing rules on support for strategic plans to be drawn up by Member States under the common
agricultural policy (CAP Strategic Plans) and financed by the European Agricultural Guarantee Fund
(EAGF) and by the European Agricultural Fund for Rural Development (EAFRD) and repealing
Regulations (EU) No 1305/2013 and (EU) No 1307/2013 (OJ L 435, 6.12.2021, p. 1).

63

EN

Article 1611
Energy performance certificates
1.
Member States shall lay down the necessary measures to establish a system of
certification of the energy performance of buildings.
The energy performance certificate shall include the energy performance of a building
 expressed by a numeric indicator of primary energy use in kWh/(m2.y),  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 may
include additional information such as the annual energy consumption for non-residential
buildings and the percentage of energy from renewable sources in the total energy
consumption.
 new
2.
By 31 December 2025 at the latest, the energy performance certificate shall comply
with the template in Annex V. It shall specify the energy performance class of the building,
on a closed scale using only letters from A to G. The letter A shall correspond to zeroemission buildings as defined in Article 2, point (2) and 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 (B 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.
3.
Member States shall ensure the quality, reliability and affordability of energy
performance certificates. They shall ensure that energy performance certificates are issued by
independent experts following an on-site visit.
 2010/31/EU (adapted)
 new
42.
The energy performance certificate shall include recommendations for the costeffective improvement of the energy performance  and the reduction of operational
greenhouse gases emissions  of a building or building unit, unless  the building or
building unit already complies with the relevant zero-emission building standard  there is no
reasonable potential for such improvement compared to the energy performance requirements
in force.
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 system(s)  or systems  ; and

(b)

measures for individual building elements independent of a major renovation
of the building envelope or technical building system(s)  or systems  .

53.
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. Theyand may provide
an estimate for the range of payback periods or cost-benefits over its economic lifecycle.

EN

64

EN

 new
6.
The recommendations shall include an assessment of whether the heating or airconditioning 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.
 2010/31/EU (adapted)
 new
74.
The energy performance certificate shall provide an indication as to where the owner
or tenant can receive more detailed information, including as regards the cost-effectiveness of
the recommendations made in the energy performance certificate. The evaluation of cost
effectiveness shall be based on a set of standard conditions, 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. 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,  may also be provided to the owner or tenant.
5.
Subject to national rules, Member States shall encourage public authorities to take into
account the leading role which they should play in the field of energy performance of
buildings, inter alia, by implementing the recommendations included in the energy
performance certificate issued for buildings owned by them within its validity period.
86.

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 energyrelevant characteristics in the same building.

97.
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.
108. The validity of the energy performance certificate shall not exceed 10  five  years.
 However for buildings with an energy performance class A, B or C established pursuant to
paragraph 2, the validity of the energy performance certificate shall not exceed 10 years. 9.
The Commission shall, by 2011, in consultation with the relevant sectors, adopt a
voluntary common European Union certification scheme for the energy performance of nonresidential buildings. That measure shall be adopted in accordance with the advisory
procedure referred to in Article 26(2). Member States are encouraged to recognise or use the
scheme, or use part thereof by adapting it to national circumstances.
 new
11.
Member States shall make simplified procedures for updating an energy performance
certificate available where only individual elements are upgraded (single or standalone
measures).

EN

65

EN

Member States shall make simplified procedures for updating an energy performance
certificate available where measures identified in a renovation passport are put in place.
 2010/31/EU (adapted)
 new
Article 1712
Issue of energy performance certificates
1.
Member States shall ensure that an  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  ; and

(b)

buildings where a total useful floor area over 500 m2 is  owned or 
occupied by a public  bodies  authority and frequently visited by the
public. On 9 July 2015, this threshold of 500 m2 shall be lowered to 250 m2.

The requirement to issue an energy performance certificate does not apply where a certificate,
issued in accordance with either Directive  2010/31/EU  2002/91/EC or this Directive,
for the building or building unit concerned is available and valid.
2.
Member States shall require that, when buildings or building units are constructed,
sold or rented out  or when rental contracts are renewed  , the energy performance
certificate or a copy thereof is shown to the prospective new tenant or buyer and handed over
to the buyer or new 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 this  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 when:buildings having an energy performance
certificate,building units in a building having an energy performance certificate, andbuilding
units having an energy performance certificate, buildings or buildings units which  are
offered for sale or for rent  have an 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 the  online and offline 
advertisements  , including in property search portal websites  in commercial media.
 new
 Member States shall carry out sample checks or other controls to ensure compliance with
these requirements. 
 2010/31/EU
5.
The provisions of this Article shall be implemented in accordance with applicable
national rules on joint ownership or common property.

EN

66

EN

6.
Member States may exclude the categories of buildings referred to in Article 4(2) from
the application of paragraphs 1, 2, 4 and 5 of this Article.
67.
The possible effects of energy performance certificates in terms of legal proceedings,
if any, shall be decided in accordance with national rules.
 new
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.
 2010/31/EU (adapted)
Article 1813
Display of energy performance certificates
1.
Member States shall take measures to ensure 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 1712(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.On 9 July 2015, this threshold of 500 m2 shall be lowered to 250 m2.
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 1712(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 this Article  paragraphs 1 and 2  do not include an obligation
to display the recommendations included in the energy performance certificate.
 new
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 the buildings and on
the overall energy performance of the national building stock.
The database shall allow data to be gathered related to energy performance certificates,
inspections, the building renovation passport, the smart readiness indicator and the calculated
or metered energy consumption of the buildings covered.
2.
The database shall be publicly accessible, in compliance with Union and national data
protection rules. Member States shall ensure access to the full energy performance certificate
for building owners, tenants and managers, and to financial institutions as regards the
buildings in their investment portfolio. For buildings offered for rent or sale, Member States
shall ensure access to the full energy performance certificate for prospective tenants or
buyers.

EN

67

EN

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 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 with a common
template for the transfer of the information to the Building Stock Observatory.
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.
 2018/844 Art. 1.7 (adapted)
 new
Article 2014
Inspection of heating systems  Inspections 
1.
Member States shall lay down the necessary measures to establish regular inspections
of the accessible parts of heating  , ventilation and air conditioning  systems or of systems
for combined space heating and ventilation, with an effective rated output of over 70 kW,
such as the heat generator, control system and circulation pump(s) used for heating buildings.
 The effective rating of the system shall be based on the sum of the rated output of the
heating and air-conditioning generators. 
 new
2.
Member States shall 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 shall be inspected at least every two years.
4.
The inspection shall include the assessment of the generator or generators, circulation
pumps, fans and control system. Member States may decide to include in the inspection
schemes any additional building systems identified under Annex I.

EN

68

EN

 2018/844 Art. 1.7 (adapted)
 new
The inspection shall include an assessment of the efficiency and sizing of the heat generator
 or generators and of its main components  compared with the heating requirements of the
building and, where relevant, consider the capabilities of the heating system or of the system
for combined space heating and ventilation to optimise its performance under typical or
average operating conditions.  Where relevant, the inspection shall assess the feasibility of
the system to operate under different and more efficient temperature settings, while ensuring
the safe operation of the system. 
 new
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.
 2018/844 Art. 1.7 (adapted)
 new
Where no changes have been made to the heating system or to the system for combined space
heating and ventilation or to the heating requirements of the building following an inspection
carried out pursuant to this  Article  paragraph, Member States may choose not to
require the assessment of the heat generator  main component  sizing  or the assessment
of operation under different temperatures  to be repeated.
52.
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.
63.
As an alternative to paragraph 1 and provided that the overall impact is equivalent to
that resulting from paragraph 1, Member States may opt to take measures to ensure the
provision of advice to users concerning the replacement of heat generators, other
modifications to the heating system or to the system for combined space heating and
ventilation and alternative solutions to assess the  performance,  efficiency and
appropriate size of those systems.
Before applying the alternative measures referred to in the first subparagraph of this
paragraph, each Member State shall, by means of submitting a report to the Commission,
document the equivalence of the impact of those measures to the impact of the measures
referred to in paragraph 1.
 2018/1999 Art. 53.5
Such a report shall be submitted to the Commission as part of the Member States' integrated
national energy and climate plans referred to in Article 3 of Regulation (EU) 2018/1999.

EN

69

EN

 2018/844 Art. 1.7 (adapted)
 new
74.
Member States shall lay down requirements to ensure that, where technically and
economically feasible, non-residential buildings with an effective rated output for heating
systems or systems for combined space heating and ventilation of over 290 kW are equipped
with building automation and control systems  31 December 2024  by2025.  The
threshold for the effective rated output shall be lowered to 70 kW by31 December 2029. 
The building automation and control systems 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; and

(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.

85.
Member States  shall  may lay down requirements to ensure that  from 1
January 2025, new  residential buildings  and residential buildings undergoing major
renovations  are equipped with:
(a)

the functionality of continuous electronic monitoring that measures systems’
efficiency and informs building owners or managers when it has fallen
significantly and when system servicing is necessary; and

(b)

effective control functionalities to ensure optimum generation, distribution,
storage and use of energy.

96.
Buildings that comply with paragraph 74 or 85 shall be exempt from the requirements
laid down in paragraph 1.
 new
10.
Member States shall put in place inspection schemes or alternative measures including
digital tools, to certify that the delivered construction and renovation works meet the designed
energy performance and are compliant with the minimum energy performance requirements
as laid down in by the building codes.
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. Member
States that have chosen the alternative measures indicated in paragraph 6 of this Article shall
include a summarised analysis and the results of the alternative measures.

EN

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 2018/844 Art. 1.7
Article 15
Inspection of air-conditioning systems
1.
Member States shall lay down the necessary measures to establish regular inspections
of the accessible parts of air-conditioning systems or of systems for combined airconditioning and ventilation, with an effective rated output of over 70 kW. The inspection
shall include an assessment of the efficiency and sizing of the air-conditioning system
compared with the cooling requirements of the building and, where relevant, consider the
capabilities of the air-conditioning system or of the system for combined air-conditioning and
ventilation to optimise its performance under typical or average operating conditions.
Where no changes have been made to the air-conditioning system or to the system for
combined air-conditioning and ventilation or to the cooling requirements of the building
following an inspection carried out pursuant to this paragraph, Member States may choose not
to require the assessment of the sizing of the air-conditioning system to be repeated.
Member States that maintain more stringent requirements pursuant to Article 1(3) shall be
exempt from the obligation to notify them to the Commission.
2.
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.
3.
As an alternative to paragraph 1 and provided that the overall impact is equivalent to
that resulting from paragraph 1, Member States may opt to take measures to ensure the
provision of advice to users concerning the replacement of air-conditioning systems or
systems for combined air-conditioning and ventilation, other modifications to the airconditioning system or system for combined air-conditioning and ventilation and alternative
solutions to assess the efficiency and appropriate size of those systems.
Before applying the alternative measures referred to in the first subparagraph of this
paragraph, each Member State shall, by means of submitting a report to the Commission,
document the equivalence of the impact of those measures to the impact of the measures
referred to in paragraph 1.
 2018/1999 Art. 53.6
Such a report shall be submitted to the Commission as part of the Member States' integrated
national energy and climate plans referred to in Article 3 of Regulation (EU) 2018/1999.
 2018/844 Art. 1.7
4.
Member States shall lay down requirements to ensure that, where technically and
economically feasible, non-residential buildings with an effective rated output for systems for
air-conditioning or systems for combined air-conditioning and ventilation of over 290 kW are
equipped with building automation and control systems by 2025.

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The building automation and control systems 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; and
(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.
5.
Member States may lay down requirements to ensure that residential buildings are
equipped with:
(a) the functionality of continuous electronic monitoring that measures systems’
efficiency and informs building owners or managers when it has fallen significantly
and when system servicing is necessary, and
(b) effective control functionalities to ensure optimum generation, distribution,
storage and use of energy.
6.
Buildings that comply with paragraph 4 or 5 shall be exempt from the requirements
laid down in paragraph 1.
 2010/31/EU (adapted)
 new
Article 2116
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  or air-conditioning system. The inspection report shall contain the result of the
inspection performed in accordance with Article 2014 or 15 and include recommendations for
the cost-effective improvement of the energy performance of the inspected system.
The  Those  recommendations may be based on a comparison of the energy
performance of the system inspected with that of the best available feasible system 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.
 new

3.
The inspection report shall be uploaded into the national database for energy
performance of buildings pursuant to Article 19.

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 2010/31/EU (adapted)
 new
Article 2217
Independent experts
1.
Member States shall ensure that the energy performance certification of buildings  ,
the establishment of renovation passports, the smart readiness assessment,  and the
inspection of heating systems and air-conditioning systems are carried out in an independent
manner by qualified and/or  certified  accredited experts, whether operating in a selfemployed capacity or employed by public bodies or private enterprises.
Experts shall be accredited  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
accreditations  certifications  . Member States shall ensure that either regularly updated
lists of qualified and/or accredited  certified  experts or regularly updated lists of
accredited  certified  companies which offer the services of such experts are made
available to the public.
 new
Article 23
Certification of building professionals
1.
Member States shall ensure the appropriate level of competence for building
professionals carrying out integrated renovation works in line with Article 26 [recast EED].
2.
Where appropriate and feasible, Member States shall ensure that certification or
equivalent qualification schemes are available for providers of integrated renovation works
where this is not covered by Article 18(3) of Directive (EU) 2018/2001 [amended RED] or
Article 26 of Directive (EU) …/….[recast EED].
 2010/31/EU (adapted)
 new
Article 2418
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 in accordance with Annex II. Member
States may establish separate systems for the control of energy performance certificates  ,
renovation passports, smart readiness indicators  and for the control of reports on the
inspection of heating and air-conditioning systems.

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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 VIII.
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.
 2018/844 Art. 1.8 (adapted)
 new
Article 2519
Review
The Commission, assisted by the Committee established by  referred to in  Article
3026, shall review this Directive by  the end of 2027  1 January 2026 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 assess whether the application of this
Directive in combination with other legislative instruments addressing energy efficiency and
greenhouse gas emissions from buildings, notably 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.  tThe
Commission shall  also  examine in what manner Member States could apply integrated
district or neighbourhood approaches in Union building and energy efficiency policy, while
ensuring that each building meets the minimum energy performance requirements, for
example by means of overall renovation schemes applying to a number of buildings in a
spatial context instead of a single building. The Commission shall, in particular, assess the
need for further improvement of energy performance certificates in accordance with Article
11.
 2018/844 Art. 1.9 (adapted)
Article 19a
Feasibility study
The Commission shall, before 2020, conclude a feasibility study, clarifying the possibilities
and timeline to introduce the inspection of stand-alone ventilation systems and an optional
building renovation passport that is complementary to the energy performance certificates, in
order to provide a long-term, step-by-step renovation roadmap for a specific building based
on quality criteria, following an energy audit, and outlining relevant measures and renovations
that could improve the energy performance.

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 2010/31/EU
 new
Article 2620
Information
1.
Member States shall take the necessary measures to inform the owners or tenants of
buildings or building units  and all relevant market actors  of the different methods and
practices that serve to enhance energy performance.  In particular, Member States shall take
the necessary measures to provide tailor-made information to vulnerable households. 
 2018/844 Art. 1.10
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 costeffective 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 one-stop-shops.
 2010/31/EU (adapted)
 new
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 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 may 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) and accessibility for
persons with disabilities. 
4.
The Commission is invited to 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 this
 that  website might include links to relevant European Union and national, regional and
local legislation, 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. In the context of the European Regional Development Fund,  the
Cohesion Fund and the Just Transition Fund,  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 to interested stakeholders, including national, regional

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and local authorities, on funding possibilities, taking into account the latest changes in the
regulatory framework.
Article 2721
Consultation
In order to facilitate the effective implementation of the  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 Articles 9 and 2620.
Article 2822
Adaptation of Annex I to technical progress
The Commission shall adapt points 3 and 4 of Annex I to technical progress by means of
 adopt  delegated acts in accordance with Articles 2923, 24 and 25  concerning the
adaptation of points 4 and 5 of Annex I to technical progress  .
 2018/844 Art. 1.11 (adapted)
 new
Article 2923
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 65,  7, 10  118 138 and
2822 shall be conferred on the Commission for a  an indeterminate  period  of time 
of five years from  [date of entry into force of this Directive]  9 July 2018. The
Commission shall draw up a report in respect of the delegation of power not later than nine
months before the end of the five-year period. The delegation of power shall be tacitly
extended for periods of an identical duration, unless the European Parliament or the Council
opposes such extension not later than three months before the end of each period.
3.
The delegation of power referred to in Articles 65,  7, 10,  1318 and 2822 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 Articles 65,  7, 10,  118 138 or 2822 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

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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.
 2018/844 Art. 1.13
Article 3026
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.
 2010/31/EU (adapted)
 new
Article 3127
Penalties
Member States shall lay down the rules on penalties applicable to infringements of the
national provisions adopted pursuant to this Directive and shall take all measures necessary to
ensure that they are implemented. The penalties provided for must be effective, proportionate
and dissuasive. Member States shall communicate those provisions to the Commission by 9
January 2013 at the latest and shall notify it  the Commission  without delay of any
subsequent amendment affecting them  the provisions communicated in accordance with
Article 27 of Directive 2010/31/EU  .
Article 3228
Transposition
1.
Member States shall adopt and publish, by 9 July 2012 at the latest,  bring into
force  the laws, regulations and administrative provisions necessary to comply with
Articles 2 to 18,  1 to 3, 5 to 26, 29 and 32  and with Articles 20 and 27  Annexes I to
III and V to IX by […] .  They shall immediately communicate the text of those
measures and a correlation table to the Commission. 
They shall apply those provisions as far as Articles 2, 3, 9, 11, 12, 13, 17, 18, 20 and 27 are
concerned, from 9 January 2013 at the latest. They shall apply those provisions as far as
Articles 4, 5, 6, 7, 8, 14, 15 and 16 are concerned, to buildings occupied by the public
authorities from 9 January 2013 at the latest and to other buildings from 9 July 2013 at the
latest.They may defer the application of Article 12(1) and (2) to single building units that are
rented out, until 31 December 2015. This shall however not result in fewer certificates being
issued than would have been the case under the application of the Directive 2002/91/EC in the
Member State concerned. When Member States adopt  those  measures, they shall

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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 2002/91/EC  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 3329
Repeal
Directive  2010/31/EU  2002/91/EC, as amended by the Regulation  acts listed 
indicated in Annex VIIIIV, Part A, is hereby repealed with effect from  […]  1 February
2012, without prejudice to the obligations of the Member States relating to the time limit
 time-limits  for  the  transposition into national law and  the dates of 
application of the Directive  Directives  set out in Annex VIIIIV, Part B.
References to  the repealed  Directive 2002/91/EC shall be construed as references to
this Directive and shall be read in accordance with the correlation table in Annex IXV.
Article 3430
Entry into force
This Directive shall enter into force on the 20th  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 in the first subparagraph of Article 32].

Article 3531
Addressees
This Directive is addressed to the Member States.
Done at Brussels,

For the European Parliament
The President

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For the Council
The President

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