Legal provisions of COM(2021)558 - Energy efficiency (recast) - Main contents
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This page contains a limited version of this dossier in the EU Monitor.
| dossier | COM(2021)558 - Energy efficiency (recast). |
|---|---|
| document | COM(2021)558  |
| date | September 13, 2023 |
CHAPTER I
SUBJECT MATTER, SCOPE, DEFINITIONS AND ENERGY EFFICIENCY TARGETS
Contents
Article 1 - Subject matter and scope
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1. This Directive establishes a common framework of measures to promote energy efficiency within the Union in order to ensure that the Union's 2020 headline targets on energy efficiency of 20 % and its 2030 headline targets on energy efficiency of at least 32,5 % is are met and paves the way for enables further energy efficiency improvements beyond those dates.
This Directive lays down rules designed to implement energy efficiency as a priority across all sectors, remove barriers in the energy market and overcome market failures that impede efficiency in the supply and use of energy., and It also provides for the establishment of indicative national energy efficiency targets and contributions for 2020 and 2030.
This Directive contributes to the implementation of the energy efficiency first principle, thus contributing to the Union as an inclusive, fair and prosperous society with a modern, resource-efficient and competitive economy .
2012/27/EU
2. 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 Union law. Where national legislation provides for more stringent measures, the Member State shall notify such legislation to the Commission.
Article 2 - Definitions
(1) ‘energy’ means all forms of energy products, combustible fuels, heat, renewable energy, electricity, or any other form of energy, as defined in Article 2(d) of Regulation (EC) No 1099/2008 of the European Parliament and of the Council of 22 October 2008 on energy statistics 102 ;
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(2) ‘energy efficiency first’ means ‘energy efficiency first’ as defined in point (18) of Article 2 of Regulation (EU) 2018/1999.
(3) `energy system´ means a system primarily designed to supply energy-services to satisfy the demand of end-use sectors for energy in the forms of heat, fuels, and electricity.
2012/27/EU (adapted)
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(42) ‘primary energy consumption’ means gross available energy inland consumption, excluding international maritime bunkers, final non-energy consumption uses and ambient heat ;
(53) ‘final energy consumption’ means all energy supplied to industry, transport (including energy consumption in international aviation) , households, public and private services, and agriculture , forestry and fishing and other end-users (final consumers of energy). It excludes energy consumption in international maritime bunkers, ambient heat and deliveries to the transformation sector, the energy sector and losses due to transmission and distribution (definitions in Annex A of Regulation (EC) No 1099/2008 apply) It excludes deliveries to the energy transformation sector and the energy industries themselves;
(64) ‘energy efficiency’ means the ratio of output of performance, service, goods or energy, to input of energy;
(75) ‘energy savings’ means an amount of saved energy determined by measuring and/or estimating consumption before and after implementation of an energy efficiency improvement measure, whilst ensuring normalisation for external conditions that affect energy consumption;
(86) ‘energy efficiency improvement’ means an increase in energy efficiency as a result of technological, behavioural and/or economic changes;
(97) ‘energy service’ means the physical benefit, utility or good derived from a combination of energy with energy-efficient technology or with action, which may include the operations, maintenance and control necessary to deliver the service, which is delivered on the basis of a contract and in normal circumstances has proven to result in verifiable and measurable or estimable energy efficiency improvement or primary energy savings;
(108)‘public bodies’ means ‘contracting authorities’ as defined in Directive 2014/24/EU2004/18/EC of the European Parliament and of the Council 103 of 31 March 2004 on the coordination of procedures for the award of public works contracts, public supply contracts and public service contracts 104 ;
(9) ‘central government’ means all administrative departments whose competence extends over the whole territory of a Member State;
(1110)‘total useful floor area’ means the floor area of a building or part of a building, where energy is used to condition the indoor climate;
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(12) ‘contracting authorities’ means contracting authorities as defined in Article Articles 6(1), 2(1) and 3(1) of Directives 2014/23/EU, Directive 2014/24/EU and Directive 2014/25/EU respectively;
(13) ‘contracting entities’ means contracting entities as defined in Directives 2014/23/EU, 2014/24/EU and 2014/25/EU respectively;
2012/27/EU (adapted)
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(1411)‘energy management system’ means a set of interrelated or interacting elements of a plan which sets an energy efficiency objective and a strategy to achieve that objective , including monitoring of actual energy consumption, actions taken to increase energy efficiency and measurement of progress ;
(1512)‘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;
(1613)‘international standard’ means a standard adopted by the International Standardisation Organisation and made available to the public;
(1714)‘obligated party’ means an energy distributor or retail energy sales company or transmission system operator that is bound by the national energy efficiency obligation schemes referred to in Article 87;
(1815)‘entrusted party’ means a legal entity with delegated power from a government or other public body to develop, manage or operate a financing scheme on behalf of the government or other public body;
(1916)‘participating party’ means an enterprise or public body that has committed itself to reaching certain objectives under a voluntary agreement, or is covered by a national regulatory policy instrument;
(2017)‘implementing public authority’ means a body governed by public law which is responsible for the carrying out or monitoring of energy or carbon taxation, financial schemes and instruments, fiscal incentives, standards and norms, energy labelling schemes, training or education;
(2118)‘policy measure’ means a regulatory, financial, fiscal, voluntary or information provision instrument formally established and implemented in a Member State to create a supportive framework, requirement or incentive for market actors to provide and purchase energy services and to undertake other energy efficiency improvement measures;
(2219)‘individual action’ means an action that leads to verifiable, and measurable or estimable, energy efficiency improvements and is undertaken as a result of a policy measure;
(2320)‘energy distributor’ means a natural or legal person, including a distribution system operator, responsible for transporting energy with a view to its delivery to final customers or to distribution stations that sell energy to final customers;
(2421)‘distribution system operator’ means ‘distribution system operator’ as defined in Article 2(29) of Directive (EU) 2019/9442009/72/EC as regards electricity, and Article 2(6) of Directive 2009/73/EC , as regards gas respectively;
(2522)‘retail energy sales company’ means a natural or legal person who sells energy to final customers;
(2623)‘final customer’ means a natural or legal person who purchases energy for own end use;
(2724)‘energy service provider’ means a natural or legal person who delivers energy services or other energy efficiency improvement measures in a final customer’s facility or premises;
(2825)‘energy audit’ means a systematic procedure with the purpose of obtaining adequate knowledge of the existing energy consumption profile of a building or group of buildings, an industrial or commercial operation or installation or a private or public service, identifying and quantifying opportunities for cost-effective energy savings opportunities, identifying the potential for cost-effective use or production of renewable energy and reporting the findings;
(26) ‘small and medium-sized enterprises’ or ‘SMEs’ means enterprises as defined in Title I of the Annex to Commission Recommendation 2003/361/EC 105 ; the category of micro, small and medium-sized enterprises is made up of enterprises which employ fewer than 250 persons and which have an annual turnover not exceeding EUR 50 million, and/or an annual balance sheet total not exceeding EUR 43 million;
(2927)‘energy performance contracting’ means a contractual arrangement between the beneficiary and the provider of an energy efficiency improvement measure, verified and monitored during the whole term of the contract, where investments (work, supply or service) in that measure are paid for in relation to a contractually agreed level of energy efficiency improvement or other agreed energy performance criterion, such as financial savings;
(3028)‘smart metering system’ or ‘intelligent metering system’ means an electronic system that can measure energy consumption, providing more information than a conventional meter, and can transmit and receive data using a form of electronic communication ’smart metering system’ as defined in Directive (EU) 2019/944 ;
(3129)‘transmission system operator’ means ‘transmission system operator’ as defined in in Article 2(35) of Directive (EU) 2019/9442009/72/EC and Directive 2009/73/EC , for electricity and gas, respectively;
(3230)‘cogeneration’ means the simultaneous generation in one process of thermal energy and electrical or mechanical energy;
(3331)‘economically justifiable demand’ means demand that does not exceed the needs for heating or cooling and which would otherwise be satisfied at market conditions by energy generation processes other than cogeneration;
(3432)‘useful heat’ means heat produced in a cogeneration process to satisfy economically justifiable demand for heating or cooling;
(3533)‘electricity from cogeneration’ means electricity generated in a process linked to the production of useful heat and calculated in accordance with the methodology laid down in Annex III;
(3634)‘high-efficiency cogeneration’ means cogeneration meeting the criteria laid down in Annex IIIII;
(3735)‘overall efficiency’ means the annual sum of electricity and mechanical energy production and useful heat output divided by the fuel input used for heat produced in a cogeneration process and gross electricity and mechanical energy production;
(3836)‘power-to-heat ratio’ means the ratio of electricity from cogeneration to useful heat when operating in full cogeneration mode using operational data of the specific unit;
(3937)‘cogeneration unit’ means a unit that is able to operate in cogeneration mode;
(4038)‘small-scale cogeneration unit’ means a cogeneration unit with installed capacity below 1 MWe;
(4139)‘micro-cogeneration unit’ means a cogeneration unit with a maximum capacity below 50 kWe;
(40) ‘plot ratio’ means the ratio of the building floor area to the land area in a given territory;
(4241)‘efficient district heating and cooling’ means a district heating or cooling system using at least 50 % renewable energy, 50 % waste heat, 75 % cogenerated heat or 50 % of a combination of such energy and heat meeting the criteria laid down in Article 24 ;
(4342)‘efficient heating and cooling’ means a heating and cooling option that, compared to a baseline scenario reflecting a business-as-usual situation, measurably reduces the input of primary energy needed to supply one unit of delivered energy within a relevant system boundary in a cost-effective way, as assessed in the cost-benefit analysis referred to in this Directive, taking into account the energy required for extraction, conversion, transport and distribution;
(4443)‘efficient individual heating and cooling’ means an individual heating and cooling supply option that, compared to efficient district heating and cooling, measurably reduces the input of non-renewable primary energy needed to supply one unit of delivered energy within a relevant system boundary or requires the same input of non-renewable primary energy but at a lower cost, taking into account the energy required for extraction, conversion, transport and distribution;
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(45) ‘data centre’ means a structure, or group of structures, with the purpose of centralized accommodation, interconnection and operation of information technology and network telecommunications equipment providing data storage, processing and transport services together with all the facilities and infrastructures for power distribution and environmental control and the necessary levels of resilience and security required to provide the desired service availability.
2012/27/EU
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(4644)‘substantial refurbishment’ means a refurbishment whose cost exceeds 50 % of the investment cost for a new comparable unit;
(4745)‘aggregator’ means a demand service provider that combines multiple short-duration consumer loads for sale or auction in organised energy markets has the meaning attributed to ‘independent aggregator’ as defined by Article 2(19) of Directive (EU) 2019/944 .
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(49) ‘energy poverty’ means a household’s lack of access to essential energy services that underpin a decent standard of living and health, including adequate warmth, cooling, lighting, and energy to power appliances, in the relevant national context, existing social policy and other relevant policies.
(50) ´final user´ means natural or legal person purchasing heating, cooling or domestic hot water for their own end-use, or natural or legal person occupying an individual building or a unit in a multi-apartment or multi-purpose building supplied with heating, cooling or domestic hot water from a central source who has no direct or individual contract with the energy supplier.
(52) ‘split incentives’ means a the lack of fair and reasonable distribution of financial obligations and rewards related to energy efficiency investments among the actors concerned, for example the owners and tenants or the different owners of building units, or owners and tenants or different owners of multi-apartment or multi-purpose buildings.
Article 3 - Energy efficiency first principle
(a)energy systems, and
(b)non-energy sectors, where those sectors have an impact on energy consumption and energy efficiency.
2. Member States shall ensure that the application of the energy efficiency first principle is verified by the relevant entities where policy, planning and investment decisions are subject to approval and monitoring requirements.
3. In applying the energy efficiency first principle, Member States shall:
(a)promote and, where cost-benefit assessments are required, ensure the application of cost-benefit methodologies that allow proper assessment of wider benefits of energy efficiency solutions from the societal perspective;
(b)identify an entity responsible for monitoring the application of the energy efficiency first principle and the impacts of planning, policy and investment decisions on energy consumption and energy efficiency;
(c)report to the Commission, as part of the integrated national energy and climate progress reports in accordance with Article 17 of Regulation (EU) 2018/1999 on how the principle was taken into account in the national and regional planning, policy and major investment decisions related to the national and regional energy systems.
2012/27/EU
Article 43 - Energy efficiency targets new
1. Member States shall collectively ensure a reduction of energy consumption of at least 9 % in 2030 compared to the projections of the 2020 Reference Scenario so that the Union’s final energy consumption amounts to no more than 787 Mtoe and the Union’s 2030 primary energy consumption amounts to no more than 1023 Mtoe in 2030. 1062012/27/EU (adapted)
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21. Each Member State shall set an indicative national energy efficiency target, based on either primary or contributions for final energy consumption, and primary or final energy savings, or energy intensity consumption to meet, collectively, the binding Union target set in paragraph 1 . Member States shall notify those targets contributions together with an indicative trajectory for those contributions to the Commission in accordance with Article 24(1) and Annex XIV Part 1 as part of the updates of their integrated national energy and climate plans in accordance with Article 14 of Regulation (EU) 2018/1999, and as part of their integrated national energy and climate plans as referred to in, and in accordance with, the procedure set out in Article 3 and Articles 7 to 12 of Regulation (EU) 2018/1999 . When doing so, they Member States shall also express those targets in terms of an absolute level of primary energy consumption and final energy consumption in 2020 and shall use the formula defined in Annex I of this Directive and explain how, and on the basis of which data, this has the contributions have been calculated.
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Member States shall also provide the shares of energy consumption of energy end-use sectors, as defined in Regulation (EC) No 1099/2008 on energy statistics, including industry, residential, services and transport, in their national energy efficiency contributions. Projections for energy consumption in information and communications technology (ICT) shall also be indicated.
2012/27/EU (adapted)
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In When setting those targets contributions , Member States shall take into account:
2013/12/EU Art. 1 and Annex .a
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(a)that the Union’s 2030 2020 energy consumption has to be no more than 1483 787 Mtoe of final energy or no more than 1023 Mtoe of primary energy or no more than 1086 Mtoe of final energy consumption ;
2012/27/EU (adapted)
(b)the measures provided for in this Directive;
(c)the measures adopted to reach the national energy saving targets adopted pursuant to Article 4(1) of Directive 2006/32/EC; and
(cd)other measures to promote energy efficiency within Member States and at Union level;.
When setting those targets, Member States may also take into account national circumstances affecting primary energy consumption, such as:
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(d)any relevant factors affecting efficiency efforts, such as:
i. the collective level of ambition necessary to reach climate objectives;
ii. the equitable distribution of efforts across the Union;
iii. the energy intensity of the economy;
2012/27/EU
(iva)the remaining cost-effective energy-saving potential;
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(e)other national circumstances affecting energy consumption, in particular:
2012/27/EU
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(ib)GDP evolution and forecast;
(iic)changes of energy imports and exports , developments in energy mix and deployment of new sustainable fuels ;
(iiid)development of all sources of renewable energies, nuclear energy, carbon capture and storage;
(iv)decarbonisation of energy intensive industries.
(e)early action.
2013/12/EU Art. 1 and Annex .b (adapted)
2. By 30 June 2014, the Commission shall assess progress achieved and whether the Union is likely to achieve energy consumption of no more than 1483 Mtoe of primary energy and/or no more than 1086 Mtoe of final energy in 2020.
2012/27/EU (adapted)
3. In carrying out the review referred to in paragraph 2, the Commission shall:
(a)sum the national indicative energy efficiency targets reported by Member States;
(b)assess whether the sum of those targets can be considered a reliable guide to whether the Union as a whole is on track, taking into account the evaluation of the first annual report in accordance with Article 24(1), and the evaluation of the National Energy Efficiency Action Plans in accordance with Article 24(2);
(c)take into account complementary analysis arising from:
(i)an assessment of progress in energy consumption, and in energy consumption in relation to economic activity, at Union level, including progress in the efficiency of energy supply in Member States that have based their national indicative targets on final energy consumption or final energy savings, including progress due to these Member States’ compliance with Chapter III of this Directive;
(ii)results from modelling exercises in relation to future trends in energy consumption at Union level;
2013/12/EU Art. 1 and Annex .c (adapted)
(d)compare the results under points (a) to (c) with the quantity of energy consumption that would be needed to achieve energy consumption of no more than 1483 Mtoe of primary energy and/or no more than 1086 Mtoe of final energy in 2020.
2019/504 Art. 1
5. Each Member State shall set indicative national energy efficiency contributions towards the Union's 2030 targets as referred to in Article 1(1) of this Directive in accordance with Articles 4 and 6 of Regulation (EU) 2018/1999 of the European Parliament and of the Council 107 . When setting those contributions, Member States shall take into account that the Union's 2030 energy consumption has to be no more than 1 128 Mtoe of primary energy and/or no more than 846 Mtoe of final energy. Member States shall notify those contributions to the Commission as part of their integrated national energy and climate plans as referred to in, and in accordance with, the procedure pursuant to Articles 3 and 7 to 12 of Regulation (EU) 2018/1999.
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3. Where the Commission concludes, on the basis of its assessment pursuant to Article 29(1) and (3) of Regulation (EU) 2018/1999, that insufficient progress has been made towards meeting the energy efficiency contributions, Member States that are above their indicative trajectories referred to in paragraph 2 of this Article shall ensure that additional measures are implemented within one year following the date of reception of the Commission's assessment in order to ensure getting back on track to reach their energy efficiency contributions. Those additional measures shall include, but shall not be limited to, the following measures:
a. national measures delivering additional energy savings, including stronger project development assistance for the implementation of energy efficiency investment measures;
b. increasing the energy savings obligation set out in Article 8;
c. adjusting the obligation for public sector;
d. making a voluntary financial contribution to the National Energy Efficiency Fund referred to in Article 25 or another financing instrument dedicated to energy efficiency, where the annual financial contributions shall be equal to the investments required to reach the indicative trajectory.
Where a Member State is above its indicative trajectory referred to in paragraph 2 of this Article, it shall include in its integrated national energy and climate progress report pursuant to Article 17 of Regulation (EU) 2018/1999, an explanation of how it will cover the gap to ensure reaching its national energy efficiency contributions.
The Commission shall assess whether the national measures referred to in this paragraph are sufficient to achieve the Union's energy efficiency targets. Where national measures are deemed to be insufficient, the Commission shall, as appropriate, propose measures and exercise its power at Union level in addition to those recommendations in order to ensure, in particular, the achievement of the Union's 2030 targets for energy efficiency.
4. The Commission shall assess by 31 December 2026 any methodological changes in the data reported pursuant to Regulation (EC) No 1099/2008 on energy statistics, in the methodology for calculating energy balance and in energy models for European energy use and, if necessary, propose technical calculation adjustments to the Union’s 2030 targets with a view to maintaining the level of ambition set out in paragraph 1 of this Article.
2018/2002 Art. 1.2
6. The Commission shall assess the Union's 2030 headline targets on energy efficiency set in Article 1(1) with a view to submitting a legislative proposal by 2023 to revise those targets upwards in the event of substantial cost reductions resulting from economic or technological developments, or where needed to meet the Union's international commitments for decarbonisation.
2012/27/EU (adapted)
CHAPTER II
EFFICIENCY IN ENERGY USE EXEMPLARY ROLE OF PUBLIC SECTOR
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Article 5 - Public sector leading on energy efficiency
Member States may take into account climatic variations within the Member State when calculating their public bodies’ final energy consumption.
2. Member States shall include, in their national energy and climate plans and updates thereof pursuant to Regulation (EU) 2018/1999, a list of public bodies which shall contribute to the fulfilment of the obligation set out in paragraph 1 of this Article, the amount of energy consumption reduction to be achieved by each of them and the measures they plan to achieve it. As part of their integrated national energy and climate reports pursuant to Article 17 of Regulation (EU) 2018/1999, Member States shall report to the Commission the final energy consumption reduction achieved annually.
3. Member States shall ensure that regional and local authorities, establish specific energy efficiency measures in their decarbonisation plans after consulting stakeholders and the public, including the particular groups at risk of energy poverty or more susceptible to its effects, such as women, persons with disabilities, older persons, children, and persons with a minority racial or ethnic background.
4. Member States shall support public bodies in the uptake of energy efficiency improvement measures, including at regional and local levels, by providing guidelines, promoting competence building and training opportunities and encouraging cooperation amongst public bodies.
5. Member States shall encourage public bodies to consider life cycle carbon emissions of their public bodies’ investment and policy activities.
2012/27/EU (adapted)
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Article 65 - Exemplary role of public bodies’ buildings
1. Without prejudice to Article 7 of Directive 2010/31/EU of the European Parliament and of the Council 108 , each Member State shall ensure that, as from 1 January 2014, at least 3 % of the total floor area of heated and/or cooled buildings owned and by its central government public bodies is renovated each year to at least meet at least the minimum energy performance requirements that it has set be transformed into nearly zero-energy buildings in application of accordance with Article 4 9 of Directive 2010/31/EU.Where public bodies occupy a building that they do not own, they shall exercise their contractual rights to the extent possible and encourage the building owner to renovate the building to a nearly zero-energy building in accordance with Article 9 of Directive 2010/31/EU. When concluding a new contract for occupying a building they do not own, public bodies shall aim for that building to fall into the top two energy efficiency classes on the energy performance certificate.
The 3 % rate shall be calculated on the total floor area of buildings with a total useful floor area over 500 m2 owned and occupied by the central government of the Member State concerned that, on 1 January of each year, do not meet the national minimum energy performance requirements set in application of Article 4 of Directive 2010/31/EU. That threshold shall be lowered to 250 m2 as of 9 July 2015.
Where a Member State requires that the obligation to renovate each year 3 % of the total floor area extends to floor area owned and occupied by administrative departments at a level below central government, the 3 % rate The rate of at least 3% shall be calculated on the total floor area of buildings having with a total useful floor area over 500 m2 and, as of 9 July 2015, over 250 m2 owned and by central government and by these administrative departments public bodies of the Member State concerned and which that, on 1 January of each year, do not meet the national minimum energy performance requirements set in application of Article 4 of Directive 2010/31/EU 2024, are not nearly zero-energy buildings .
When implementing measures for the comprehensive renovation of central government buildings in accordance with the first subparagraph, Member States may choose to consider the building as a whole, including the building envelope, equipment, operation and maintenance.
Member States shall require that central government buildings with the poorest energy performance be a priority for energy efficiency measures, where cost-effective and technically feasible.
2. 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;
(b)buildings owned by the armed forces or central government and serving national defence purposes, apart from single living quarters or office buildings for the armed forces and other staff employed by national defence authorities;
(c)buildings used as places of worship and for religious activities.
3. If a Member State renovates more than 3 % of the total floor area of central government buildings in a given year, it may count the excess towards the annual renovation rate of any of the three previous or following years.
24. In exceptional cases, Member States may count towards the annual renovation rate of central government buildings new buildings owned as replacements for specific central government public bodies’ buildings demolished in any of the two previous years, or buildings that have been sold, demolished or taken out of use in any of the two previous years due to more intensive use of other buildings. Such exceptions shall only apply where they would be more cost effective and sustainable in terms of the energy and lifecycle CO2 emissions achieved compared to the renovations of such buildings. The general criteria, methodologies and procedures to identify such exceptional cases shall be clearly set out and published by each Member State.
35. For the purposes of this Article paragraph 1, by 31 December 2013, Member States shall establish and make publicly available an inventory of heated and/or cooled central government public bodies’ buildings with a total useful floor area over 500 m2 and, as of 9 July 2015, of more than over 250 m2, excluding buildings exempted on the basis of paragraph 2. This inventory shall be updated at least once a year. The inventory shall contain at least the following data:
(a)the floor area in m2; and
(b)the energy performance certificate of each building or relevant energy data issued in accordance with Article 12 of Directive 2010/31/EU .
6. Without prejudice to Article 7 of Directive 2010/31/EU, Member States may opt for an alternative approach to paragraphs 1 to 5 of this Article, whereby they take other cost-effective measures, including deep renovations and measures for behavioural change of occupants, to achieve, by 2020, an amount of energy savings in eligible buildings owned and occupied by their central government that is at least equivalent to that required in paragraph 1, reported on an annual basis.
For the purpose of the alternative approach, Member States may estimate the energy savings that paragraphs 1 to 4 would generate by using appropriate standard values for the energy consumption of reference central government buildings before and after renovation and according to estimates of the surface of their stock. The categories of reference central government buildings shall be representative of the stock of such buildings.
Member States opting for the alternative approach shall notify to the Commission, by 31 December 2013, the alternative measures that they plan to adopt, showing how they would achieve an equivalent improvement in the energy performance of the buildings within the central government estate.
7. Member States shall encourage public bodies, including at regional and local level, and social housing bodies governed by public law, with due regard for their respective competences and administrative set-up, to:
(a)adopt an energy efficiency plan, freestanding or as part of a broader climate or environmental plan, containing specific energy saving and efficiency objectives and actions, with a view to following the exemplary role of central government buildings laid down in paragraphs 1, 5 and 6;
(b)put in place an energy management system, including energy audits, as part of the implementation of their plan;
(c)use, where appropriate, energy service companies, and energy performance contracting to finance renovations and implement plans to maintain or improve energy efficiency in the long term.
Article 76 - Public procurement Purchasing by public bodies
1. Member States shall ensure that central governments contracting authorities and contracting entities, when concluding public contracts and concessions with a value equal to or greater than the thresholds laid down in Article 8 of Directive 2014/23/EU, Article 4 of Directive 2014/24/EU and Article 15 of Directive 2014/25/EU, purchase only products, services, buildings and works buildings with high energy-efficiency performance, insofar as that is consistent with cost-effectiveness, economical feasibility, wider sustainability, technical suitability, as well as sufficient competition, as in accordance with the requirements referred to in Annex IV to this Directive .The obligation set out in the first subparagraph shall apply to contracts for the purchase of products, services and buildings by public bodies in so far as such contracts have a value equal to or greater than the thresholds laid down in Article 4 of Directive 2004/18/EC.
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Member States shall also ensure that in concluding the public contracts and concessions with a value equal to or greater than the thresholds referred to in the first subparagraph, contracting authorities and contracting entities, apply the energy efficiency first principle referred to in Article 3 of this Directive, including for those public contracts and concessions for which no specific requirements are provided in Annex IV.
2012/27/EU (adapted)
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2. The obligation referred to in paragraph 1 shall apply to the contracts of the armed forces only to the extent that its application does not cause any conflict with the nature and primary aim of the activities of the armed forces. The obligation shall not apply to contracts for the supply of military equipment as defined by Directive 2009/81/EC of the European Parliament and of the Council of 13 July 2009 on the coordination of procedures for the award of certain works contracts, supply contracts and service contracts by contracting authorities or entities in the fields of defence and security 109 .
3. Member States shall encourage public bodies, including at regional and local levels, with due regard to their respective competences and administrative set-up, to follow the exemplary role of their central governments to purchase only products, services and buildings with high energy-efficiency performance. Notwithstanding paragraph 4 of Article 24 of this Directive, Member States shall encourage public bodies ensure that contracting authorities and contracting entities , when tendering service contracts with significant energy content, to assess the possibility feasibility of concluding long-term energy performance contracts that provide long-term energy savings when procuring service contracts with significant energy content.
4. Without prejudice to paragraph 1, when purchasing a product package fully covered as a whole by a delegated act adopted under Regulation (EU) 2017/1369 of the European Parliament and of the Council 110 Directive 2010/30/EU, Member States may require that the aggregate energy efficiency shall take priority over the energy efficiency of individual products within that package, by purchasing the product package that complies with the criterion of belonging to the highest energy efficiency class.
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5. Member States may require that contracting authorities and contracting entities take into account, where appropriate, wider sustainability, social, environmental and circular economy aspects in procurement practices with a view to achieving the Union’s decarbonisation and zero pollution objectives. Where appropriate, and in accordance with the requirements laid down in Annex IV, Member States shall require contracting authorities and contracting entities to take into account Union green public procurement criteria.
To ensure transparency in the application of energy efficiency requirements in the procurement process, Member States shall make publicly available information on the energy efficiency impact of contracts with a value equal to or greater than the thresholds referred to in paragraph 1. Contracting authorities may decide to require that tenderers disclose information on the life cycle global warming potential of a new building and may make that information publically available for the contracts, in particular for new buildings having a floor area larger than 2000 square meters.
Member States shall support contracting authorities and contracting entities in the uptake of energy efficiency requirements, including at regional and local level, by providing clear rules and guidelines including methodologies on the assessment of lifecycle costs and environment impacts and costs, set up competence support centres, encouraging cooperation amongst contracting authorities including across borders and using aggregated procurement and digital procurement where possible.
6. Member States shall establish legal and regulatory provisions, and administrative practices, regarding public purchasing and annual budgeting and accounting, necessary to ensure that individual contracting authorities are not deterred from making investments in improving energy efficiency and from using energy performance contracting and third-party financing mechanisms on a long-term contractual basis.
2012/27/EU (adapted)
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7.(b) Member States shall remove any regulatory or non-regulatory barriers to energy efficiency, in particular as regards legal and regulatory provisions, and administrative practices, regarding public purchasing and annual budgeting and accounting, with a view to ensuring that individual public bodies are not deterred from making investments in improving energy efficiency and minimising expected life-cycle costs and from using energy performance contracting and other third-party financing mechanisms on a long-term contractual basis.
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Member States shall report to the Commission on the measures taken to address the barriers to uptake of energy efficiency improvements as part of the integrated national energy and climate progress reports pursuant to Article 17 of Regulation (EU) 2018/1999.
2018/2002 Art. 1.3 (adapted)
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CHAPTER III
EFFICIENCY IN ENERGY USE
Article 87 - Energy savings obligation
1. Member States shall achieve cumulative end-use energy savings at least equivalent to:(a)new savings each year from 1 January 2014 to 31 December 2020 of 1,5 % of annual energy sales to final customers by volume, averaged over the most recent three-year period prior to 1 January 2013. Sales of energy, by volume, used in transport may be excluded, in whole or in part, from that calculation;
(b)new savings each year from 1 January 2021 to 31 December 2030 2023 of 0,8 % of annual final energy consumption, averaged over the most recent three-year period prior to 1 January 2019. By way of derogation from that requirement, Cyprus and Malta shall achieve new savings each year from 1 January 2021 to 31 December 2030 2023 equivalent to 0,24 % of annual final energy consumption, averaged over the most recent three-year period prior to 1 January 2019.
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(c)new savings each year from 1 January 2024 to 31 December 2030 of 1,5 % of annual final energy consumption, averaged over the three-year period prior to 1 January 2020.
2018/2002 Art. 1.3 (adapted)
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Member States shall decide how to phase the calculated quantity of new savings over each period referred to in points (a), (b) and (c) of the first subparagraph, provided that the required total cumulative end-use energy savings have been achieved by the end of each obligation period.
Member States shall continue to achieve new annual savings in accordance with point (b) the savings rate provided in point (c) of the first subparagraph for ten-year periods after 2030, unless reviews by the Commission by 2028 and every 10 years thereafter conclude that this is not necessary to achieve the Union's long-term energy and climate targets for 2050.
(2) Member States shall achieve the amount of energy savings required under paragraph 1 of this Article either by establishing an energy efficiency obligation scheme referred to in Article 97a or by adopting alternative policy measures referred to in Article 107b. Member States may combine an energy efficiency obligation scheme with alternative policy measures. Member States shall ensure that energy savings resulting from policy measures referred to in Articles 97a and 107b and Article 28(11)20(6) are calculated in accordance with Annex V.
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(3) Member States shall implement energy efficiency obligation schemes, alternative policy measures, or a combination of both, or programmes or measures financed under an Energy Efficiency National Fund, as a priority among people affected by energy poverty, vulnerable customers and, where applicable, people living in social housing. Member States shall ensure that policy measures implemented pursuant to this Article have no adverse effect on those persons. Where applicable, Member States shall make the best possible use of funding, including public funding, funding facilities established at Union level, and revenues from allowances pursuant to Article 22(3)(b) with the aim of removing adverse effects and ensuring a just and inclusive energy transition.
In designing such policy measures, Member States shall consider and promote the role of renewable energy communities and citizen energy communities in the contribution to the implementation towards these policy measures.
Member States shall achieve a share of the required amount of cumulative end-use energy savings among people affected by energy poverty vulnerable customers and, where applicable, people living in social housing. This share shall at least equal the proportion of households in energy poverty as assessed in their National Energy and Climate Plan established in accordance with Article 3(3)(d) of the Governance Regulation 2018/1999. If a Member State had not notified the share of households in energy poverty as assessed in their National Energy and Climate Plan, the share of the required amount of cumulative end-use energy savings among people affected by energy poverty vulnerable customers and, where applicable, people living in social housing, shall at least equal the arithmetic average share of the following indicators for the year 2019 or, if not available for 2019, for the linear extrapolation of their values for the last three years that are available:
a) Inability to keep home adequately warm (Eurostat, SILC [ilc_mdes01]);
b) Arrears on utility bills (Eurostat, SILC, [ilc_mdes07]); and
c) Structure of consumption expenditure by income quintile and COICOP consumption purpose (Eurostat, HBS, [hbs_str_t223], data for [CP045] Electricity, gas and other fuels).
(4) Member States shall include information about the indicators applied, the arithmetic average share and the outcome of policy measures established in accordance with paragraph 3 of this Article in the updates of their integrated national energy and climate plans in accordance with Article 14 of Regulation (EU) 2018/1999, in their subsequent integrated national energy and climate plans pursuant to Articles 3 and 7 to 12 of Regulation (EU) 2018/1999, and respective progress reports in accordance with Article 17 of that Regulation.
2018/2002 Art. 1.3 (adapted)
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5. Member States may count energy savings that stem from policy measures, whether introduced by 31 December 2020 or after that date, provided that those measures result in new individual actions that are carried out after 31 December 2020. Energy savings achieved in any obligation period shall not count towards the amount of required energy savings for the previous obligation periods set out in paragraph 1.
62. Provided that Member States achieve at least their cumulative end-use energy savings obligation referred to in point (b) of the first subparagraph of paragraph 1, they may calculate the required amount of energy savings referred to in point (b) of the first subparagraph of paragraph 1 by one or more of the following means:
(a)applying an annual savings rate on energy sales to final customers or on final energy consumption, averaged over the most recent three-year period prior to 1 January 2019;
(b)excluding, in whole or in part, energy used in transport from the calculation baseline;
(c)making use of any of the options set out in paragraph 4.
73. Where Member States make use of any of the possibilities provided for in point (a), (b) or (c) of paragraph 6 regarding the required energy savings referred to in point (b) of the first subparagraph of paragraph 1 , they shall establish:
(a)their own annual savings rate that will be applied in the calculation of their cumulative end-use energy savings, which shall ensure that the final amount of their net energy savings is no lower than those required under point (b) of the first subparagraph of paragraph 1; and
(b)their own calculation baseline, which may exclude, in whole or in part, energy used in transport.
84. Subject to paragraph 9, each Member State may:
(a)carry out the calculation required under point (a) of the first subparagraph of paragraph 1 using values of 1 % in 2014 and 2015; 1,25 % in 2016 and 2017; and 1,5 % in 2018, 2019 and 2020;
(b)exclude from the calculation all or part of the sales of energy used, by volume, with respect to the obligation period referred to in point (a) of the first subparagraph of paragraph 1, or final energy consumed, with respect to the obligation period referred to in point (b) of that subparagraph, by industrial activities listed in Annex I to Directive 2003/87/EC;
(c)count towards the amount of required energy savings in point (a) and (b) of the first subparagraph of paragraph 1 , energy savings achieved in the energy transformation, distribution and transmission sectors, including efficient district heating and cooling infrastructure, as a result of implementing the requirements set out in Articles 23(4), point (b) of Article 2414(4), and Article 251(1) to (10). Member States shall inform the Commission about their intended policy measures under this point for the period from 1 January 2021 to 31 December 2030 as part of their integrated national energy and climate plans. The impact of those measures shall be calculated in accordance with Annex V and included in those plans;
(d)count towards the amount of required energy savings, energy savings resulting from individual actions newly implemented since 31 December 2008 that continue to have an impact in 2020 with respect to the obligation period referred to in point (a) of the first subparagraph of paragraph 1 and beyond 2020 with respect to the period referred to in point (b) of the first subparagraph of paragraph 1, and which can be measured and verified;
(e)count towards the amount of required energy savings, energy savings that stem from policy measures, provided that it can be demonstrated that those measures result in individual actions carried out from 1 January 2018 to 31 December 2020 which deliver savings after 31 December 2020;
(f)exclude from the calculation of the amount of required energy savings pursuant to point (a) and (b) of the first subparagraph of paragraph 1 , 30 % of the verifiable amount of energy generated on or in buildings for own use as a result of policy measures promoting new installation of renewable energy technologies;
(g)count towards the amount of required energy savings pursuant to point (a) and (b) of the first subparagraph of paragraph 1 , energy savings that exceed the energy savings required for the obligation period from 1 January 2014 to 31 December 2020, provided that those savings result from individual actions carried out under policy measures referred to in Articles 9a and 107b, notified by Member States in their National Energy Efficiency Action Plans and reported in their progress reports in accordance with Article 24.
95. Member States shall apply and calculate the effect of the options chosen under paragraph 84 for the periods referred to in points (a) and (b) of the first subparagraph of paragraph 1 separately:
(a)for the calculation of the amount of energy savings required for the obligation period referred to in point (a) of the first subparagraph of paragraph 1, Member States may make use of points (a) to (d) of paragraph 84. All the options chosen under paragraph 4 taken together shall amount to no more than 25 % of the amount of energy savings referred to in point (a) of the first subparagraph of paragraph 1;
(b)for the calculation of the amount of energy savings required for the obligation period referred to in point (b) of the first subparagraph of paragraph 1, Member States may make use of points (b) to (g) of paragraph 84, provided individual actions referred to in point (d) of paragraph 4 continue to have a verifiable and measurable impact after 31 December 2020. All the options chosen under paragraph 84 taken together shall not lead to a reduction of more than 35 % of the amount of energy savings calculated in accordance with paragraphs 62 and 73.
Regardless of whether Member States exclude, in whole or in part, energy used in transport from their calculation baseline or make use of any of the options listed in paragraph 84, they shall ensure that the calculated net amount of new savings to be achieved in final energy consumption during the obligation period referred to in point (b) of the first subparagraph of paragraph 1 from 1 January 2021 to 31 December 2030 2023 is not lower than the amount resulting from applying the annual savings rate referred to in point (b) of the first subparagraph of paragraph 1.
106. Member States shall describe in the updates of their integrated national energy and climate plans in accordance with Article 14 of Regulation (EU) 2018/1999, in their subsequent integrated national energy and climate plans pursuant to Articles 3 and 7 to 12 of and in accordance with Annex III to Regulation (EU) 2018/1999, and respective progress reports the calculation of the amount of energy savings to be achieved over the period from 1 January 2021 to 31 December 2030 referred to in point (b) of the first subparagraph of paragraph 1 of this Article and shall, if relevant, explain how the annual savings rate and the calculation baseline were established, and how and to what extent the options referred to in paragraph 84 of this Article were applied.
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(11) Member States shall notify the Commission with the amount of the required energy savings referred to in point (c) of the first subparagraph of paragraph 1 of this Article and paragraph of 3, a description of the policy measures to be implemented to achieve the required total amount of the cumulative end-use energy savings and their calculation methodologies pursuant to Annex V of this Directive, as part of the updates of their integrated national energy and climate plans in accordance with Article 14 of Regulation (EU) 2018/1999, and as part of their integrated national energy and climate plans as referred to in, and in accordance with, the procedure pursuant to Articles 3 and 7 to 12 of Regulation (EU) 2018/1999. Member States shall use the reporting template provided to the Member States by the Commission.
(12) Where on the basis of the assessment of the integrated national energy and climate progress reports pursuant to Article 29 of Regulation (EU) 2018/1999, or of the draft or final update of the latest notified integrated national energy and climate plan pursuant to Article 14 of Regulation (EU) 2018/1999, or the assessment of the subsequent draft and final integrated national energy and climate plans pursuant to Article 3 of Regulation (EU) 2018/1999, the Commission concludes that policy measures do not ensure the achievement of the required amount of cumulative end-use energy savings by the end of the obligation period, the Commission may issue recommendations in accordance with Article 34 of Regulation (EU) 2018/1999 to the Member States whose policy measures it deems insufficient to ensure the fulfilment of their energy savings obligations.
2018/2002 Art. 1.3
7. Energy savings achieved after 31 December 2020 shall not count towards the amount of required energy savings for the period from 1 January 2014 to 31 December 2020.
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13. Where a Member State has not achieved the required cumulative end-use energy savings by the end of each obligation period set out in paragraph 1 of this Article, it shall achieve the outstanding energy savings in addition to the cumulative end-use energy savings required by the end of the following obligation period.
2018/2002 Art. 1.3
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8. By way of derogation from paragraph 1 of this Article, Member States that allow obligated parties to use the option referred to in point (b) of Article 7a(6) may, for the purpose of point (a) of the first subparagraph of paragraph 1 of this Article, count energy savings obtained in any given year after 2010 and before the obligation period referred to in point (a) of the first subparagraph of paragraph 1 of this Article as if those energy savings had instead been obtained after 31 December 2013 and before 1 January 2021, provided that all of the following circumstances apply:
(a)the energy efficiency obligation scheme was in force at any point between 31 December 2009 and 31 December 2014 and was included in the Member State's first National Energy Efficiency Action Plan submitted under Article 24(2);
(b)the savings were generated under the obligation scheme;
(c)the savings are calculated in accordance with Annex V;
(d)the years for which the savings are counted as having been obtained have been reported in the National Energy Efficiency Action Plans in accordance with Article 24(2).
9. Member States shall ensure that savings resulting from policy measures referred to in Articles 7a and 87b and Article 20(6) are calculated in accordance with Annex V.
10. Member States shall achieve the amount of energy savings required under paragraph 1 of this Article either by establishing an energy efficiency obligation scheme referred to in Article 7a or by adopting alternative policy measures referred to in Article 87b. Member States may combine an energy efficiency obligation scheme with alternative policy measures.
11. In designing policy measures to fulfil their obligations to achieve energy savings, Member States shall take into account the need to alleviate energy poverty in accordance with criteria established by them, taking into consideration their available practices in the field, by requiring, to the extent appropriate, a share of energy efficiency measures under their national energy efficiency obligation schemes, alternative policy measures, or programmes or measures financed under an Energy Efficiency National Fund, to be implemented as a priority among vulnerable households, including those affected by energy poverty and, where appropriate, in social housing.
Member States shall include information about the outcome of measures to alleviate energy poverty in the context of this Directive in the integrated national energy and climate progress reports in accordance with Regulation (EU) 2018/1999.
1412. As part of their updates of national energy and climate plans and respective progress reports, and their subsequent integrated national energy and climate plans and notified pursuant to Regulation (EU) 2018/1999 Member States shall demonstrate including, where appropriate, evidence and calculations:
(a) that where there is an overlap in the impact of policy measures or individual actions, there is no double counting of energy savings;.
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(b) how energy savings achieved pursuant to points (b) and (c) of the first subparagraph of paragraph 1 contribute to the achievement of their national contribution pursuant to Article 4.
(c) that policy measures are established for fulfilling their energy savings obligation, designed in compliance with the requirements of this Article and that those policy measures are eligible and appropriate to ensure the achievement of the required amount of cumulative end-use energy savings by the end of each obligation period.
2018/2002 Art. 1.4
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Article 97 - a Energy efficiency obligation schemes
1. Where Member States decide to fulfil their obligations to achieve the amount of savings required under Article 87(1) by way of an energy efficiency obligation scheme, they shall ensure that obligated parties as referred to in paragraph 2 of this Article operating in each Member State's territory achieve, without prejudice to Article 87(94) and (105), their cumulative end-use energy savings requirement as set out in Article 87(1).Where applicable, Member States may decide that obligated parties fulfil those savings, in whole or in part, as a contribution to the Energy Efficiency National Fund in accordance with Article 28(11)20(6).
2. Member States shall designate, on the basis of objective and non-discriminatory criteria, obligated parties among transmission system operators, energy distributors, retail energy sales companies and transport fuel distributors or transport fuel retailers operating in their territory. The amount of energy savings needed to fulfil the obligation shall be achieved by the obligated parties among final customers, designated by the Member State, independently of the calculation made pursuant to Article 87(1) or, if Member States so decide, through certified savings stemming from other parties as described in point (a) of paragraph 106 of this Article.
3. Where retail energy sales companies are designated as obligated parties under paragraph 2, Member States shall ensure that, in fulfilling their obligation, retail energy sales companies do not create any barriers that impede consumers from switching from one supplier to another.
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(4) Member States may require obligated parties to achieve a share of their energy savings obligation among people affected by energy poverty, vulnerable customers and, where applicable, people living in social housing. Member States may also require obligated parties to achieve energy cost reduction targets and to achieve energy savings by promoting energy efficiency improvement measures, including financial support measures mitigating carbon price effects on SMEs and micro-SMEs.
(5) Member States may require obligated parties to work with local authorities or municipalities to promote energy efficiency improvement measures among people affected by energy poverty, vulnerable customers and, where applicable, people living in social housing. This includes identifying and addressing the specific needs of particular groups at risk of energy poverty or more susceptible to its effects. To protect people affected by energy poverty vulnerable customers and, where applicable, people living in social housing, Member States shall encourage obligated parties to carry out actions such as renovation of buildings, including social housing, replacement of appliances, financial support and incentives for energy efficiency improvement measures in conformity with national financing and support schemes, or energy audits.
(6) Member States shall require obligated parties to report on an annual basis on the energy savings achieved by the obligated parties from actions promoted among people affected by energy poverty, vulnerable customers and, where applicable, people living in social housing, and shall require aggregated statistical information on its final customers (identifying changes in energy savings to previously submitted information) and regarding technical and financial support provided.
2018/2002 Art. 1.4 (adapted)
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74. Member States shall express the amount of energy savings required of each obligated party in terms of either final or primary energy consumption. The method chosen to express the amount of energy savings required shall also be used to calculate the savings claimed by obligated parties. When converting the amount of energy savings, Tthe net calorific values conversion factors set out in Annex VI of Commission Implementing Regulation (EU) 2018/2066 111 and the primary energy factor pursuant to Article 29 in Annex IV shall apply unless the use of other conversion factors can be justified .
85. Member States shall establish put in place measurement, control and verification systems for carrying out under which documented verification is carried out on at least a statistically significant proportion and representative sample of the energy efficiency improvement measures put in place by the obligated parties. The measurement, control and verification shall be carried out independently of the obligated parties. Where an entity is an obligated party under a national energy efficiency obligation scheme under Article 9 and under the EU Emissions Trading System to buildings and road transport [Reference to proposal], the monitoring and verification system shall ensure that the carbon price passed through when releasing fuel for consumption [according to Article XX of Directive XX] shall be taken into account in the calculation and reporting of energy savings of the entity´s energy saving measures.
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(9) Member States shall inform the Commission, as part of the integrated national energy and climate progress reports pursuant to Article 17 of Regulation (EU) 2018/1999, on the measurement, control and verification systems put in place, including but not limited to methods used, issues identified and how they were addressed.
2018/2002 Art. 1.4 (adapted)
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106. Within the energy efficiency obligation scheme, Member States may authorise obligated parties to carry out do one or both of the following:
(a)permit obligated parties to count towards their obligation certified energy savings achieved by energy service providers or other third parties, including when obligated parties promote measures through other State-approved bodies or through public authorities that may involve formal partnerships and may be in combination with other sources of finance. Where Member States so permit, they shall ensure that the certification of energy savings follows an approval process that is put in place in the Member States, that is clear, transparent, and open to all market participants, and that aims to minimise the costs of certification;
(b)allow obligated parties to count savings obtained in a given year as if they had instead been obtained in any of the four previous or three following years as long as this is not beyond the end of the obligation periods set out in Article 87(1).
Member States shall assess and, if appropriate, take measures to minimise the impact of the direct and indirect costs of energy efficiency obligation schemes on the competitiveness of energy-intensive industries exposed to international competition.
117. Member States shall, on an annual basis, publish the energy savings achieved by each obligated party, or each sub-category of obligated party, and in total under the scheme.
Article 107 - b Alternative policy measures
1. Where Member States decide to fulfil their obligations to achieve the savings required under Article 87(1) by way of alternative policy measures, they shall ensure, without prejudice to Article 87(94) and (105), that the energy savings required under Article 87(1) are achieved among final customers.2. For all measures other than those relating to taxation, Member States shall put in place measurement, control and verification systems under which documented verification is carried out on at least a statistically significant proportion and representative sample of the energy efficiency improvement measures put in place by the participating or entrusted parties. The measurement, control and verification shall be carried out independently of the participating or entrusted parties.
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3. Member States shall inform the Commission, as part of the integrated national energy and climate progress reports pursuant to Article 17 of Regulation (EU) 2018/1999, on the measurement, control and verification systems put in place, including but not limited to methods used, issues identified and how they were addressed.
4. When reporting a taxation measure, Member States shall demonstrate how the effectiveness of the price signal, such as tax rate and visibility over time, has been ensured in the design of the taxation measure. Where there is a decrease in the tax rate, Member States shall justify how the taxation measures still result in new energy savings.
2012/27/EU (adapted)
Article 118 - Energy audits and energy management systems and energy audits new
1. Member States shall ensure that enterprises with an average annual consumption higher than 100TJ of energy over the previous three years and taking all energy carriers together, implement an energy management system. The energy management system shall be certified by an independent body according to the relevant European or International Standards.2. Member States shall ensure that enterprises with an average annual consumption higher than 10TJ of energy over the previous three years and taking all energy carriers together that do not implement an energy management system are subject to an energy audit. Energy audits shall be carried out in an independent and cost-effective manner by qualified or accredited experts in accordance with requirements provided in Article 26 or implemented and supervised by independent authorities under national legislation. Energy audits shall be carried out at least every four years from the date of the previous energy audit.
The results of the energy audits including the recommendations from these audits must be transmitted to the management of the enterprise. Member States shall ensure that the results and the implemented recommendations are published in the enterprise’s annual report, where applicable.
2012/27/EU
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31. Member States shall promote the availability to all final customers of high quality energy audits which are cost-effective and:
(a)carried out in an independent manner by qualified and/or accredited experts according to qualification criteria; or
(b)implemented and supervised by independent authorities under national legislation.
The energy audits referred to in the first subparagraph may be carried out by in-house experts or energy auditors provided that the Member State concerned has put in place a scheme to assure and check their quality, including, if appropriate, an annual random selection of at least a statistically significant percentage of all the energy audits they carry out.
For the purpose of guaranteeing the high quality of the energy audits and energy management systems, Member States shall establish transparent and non-discriminatory minimum criteria for energy audits based on Annex VI. Member States shall ensure that quality checks are carried out to ensure the validity and accuracy of energy audits.
Energy audits shall not include clauses preventing the findings of the audit from being transferred to any qualified/accredited energy service provider, on condition that the customer does not object.
42. Member States shall develop programmes to encourage SMEs that are not subject to paragraph 1 or 2 to undergo energy audits and the subsequent implementation of the recommendations from these audits.
On the basis of transparent and non-discriminatory criteria and without prejudice to Union State aid law, Member States may set up support schemes for SMEs, including if they have concluded voluntary agreements, to cover costs of an energy audit and of the implementation of highly cost-effective recommendations from the energy audits, if the proposed measures are implemented.
Member States shall bring to the attention of SMEs, including through their respective representative intermediary organisations, concrete examples of how energy management systems could help their businesses. The Commission shall assist Member States by supporting the exchange of best practices in this domain.
3. Member States shall also develop programmes to raise awareness among households about the benefits of such audits through appropriate advice services.
Member States shall encourage training programmes for the qualification of energy auditors in order to facilitate sufficient availability of experts.
4. Member States shall ensure that enterprises that are not SMEs are subject to an energy audit carried out in an independent and cost-effective manner by qualified and/or accredited experts or implemented and supervised by independent authorities under national legislation by 5 December 2015 and at least every four years from the date of the previous energy audit.
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5. Member States shall develop programmes to encourage non-SMEs that are not subject to paragraph 1 or 2 to undergo energy audits and the subsequent implementation of the recommendations from these audits.
2012/27/EU
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65. Energy audits shall be considered as fulfilling the requirements of paragraph 4 2 when they are carried out in an independent manner, on the basis of minimum criteria based on Annex VI, and implemented under voluntary agreements concluded between organisations of stakeholders and an appointed body and supervised by the Member State concerned, or other bodies to which the competent authorities have delegated the responsibility concerned, or by the Commission.
Access of market participants offering energy services shall be based on transparent and non-discriminatory criteria.
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7. Enterprises that implement an energy performance contract shall be exempted from the requirements of paragraphs 1 and 2 provided that the energy performance contract complies with the requirements set out in Annex XIV.
2012/27/EU (adapted)
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86. Enterprises that are not SMEs and that are implementing an energy or environmental management system - certified by an independent body according to the relevant European or iInternational sStandards - shall be exempted from the requirements of paragraph 4 paragraphs 1 and 2 , provided that the environmental management system concerned includes an energy audit on the basis of the minimum criteria based on Annex VI.
97. Energy audits may stand alone or be part of a broader environmental audit. Member States may require that an assessment of the technical and economic feasibility of connection to an existing or planned district heating or cooling network shall be part of the energy audit.
Without prejudice to Union State aid law, Member States may implement incentive and support schemes for the implementation of recommendations from energy audits and similar measures.
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10. Without prejudice to paragraphs 1 to 9, Member States shall require, by 15 March 2024 and every year thereafter, owners and operators of every data centre in their territory with a significant energy consumption to make publicly available the information set out in point 2 of Annex VI, which Member States shall subsequently report to the Commission.
2012/27/EU
Article 129 -
2019/944 Art. 70.1(a)Metering for natural gas
2019/944 Art. 70.1(b)
1. Member States shall ensure that, in so far as it is technically possible, financially reasonable, and proportionate to the potential energy savings, for natural gas final customers are provided with competitively priced individual meters that accurately reflect the final customer's actual energy consumption and that provide information on actual time of use.
2012/27/EU
Such a competitively priced individual meter shall always be provided when:
(a)an existing meter is replaced, unless this is technically impossible or not cost-effective in relation to the estimated potential savings in the long term;
(b)a new connection is made in a new building or a building undergoes major renovations, as set out in Directive 2010/31/EU.
2019/944 Art. 70.1(c)
2.Where, and to the extent that, Member States implement intelligent metering systems and roll out smart meters for natural gas in accordance with Directive 2009/73/EC:
2012/27/EU
(a)they shall ensure that the metering systems provide to final customers information on actual time of use and that the objectives of energy efficiency and benefits for final customers are fully taken into account when establishing the minimum functionalities of the meters and the obligations imposed on market participants;
(b)they shall ensure the security of the smart meters and data communication, and the privacy of final customers, in compliance with relevant Union data protection and privacy legislation;
(ce)they shall require that appropriate advice and information be given to customers at the time of installation of smart meters, in particular about their full potential with regard to meter reading management and the monitoring of energy consumption.
2018/2002 Art. 1.6 (adapted)
Article 139 - a Metering for heating, cooling and domestic hot water
1. Member States shall ensure that, for district heating, district cooling and domestic hot water, final customers are provided with competitively priced meters that accurately reflect their actual energy consumption.2. Where heating, cooling or domestic hot water is supplied to a building from a central source that services multiple buildings or from a district heating or district cooling system, a meter shall be installed at the heat exchanger or point of delivery.
Article 149 - b Sub-metering and cost allocation for heating, cooling and domestic hot water
1. In multi-apartment and multi-purpose buildings with a central heating or central cooling source or supplied from a district heating or district cooling system, individual meters shall be installed to measure the consumption of heating, cooling or domestic hot water for each building unit, where technically feasible and cost effective in terms of being proportionate in relation to the potential energy savings.Where the use of individual meters is not technically feasible or where it is not cost-efficient to measure heat consumption in each building unit, individual heat cost allocators shall be used to measure heat consumption at each radiator unless it is shown by the Member State in question that the installation of such heat cost allocators would not be cost-efficient. In those cases, alternative cost-efficient methods of heat consumption measurement may be considered. The general criteria, methodologies and/or procedures to determine technical non-feasibility and non-cost effectiveness shall be clearly set out and published by each Member State.
2. In new multi-apartment buildings and in residential parts of new multi-purpose buildings that are equipped with a central heating source for domestic hot water or are supplied from district heating systems, individual meters shall, notwithstanding the first subparagraph of paragraph 1, be provided for domestic hot water.
3. Where multi-apartment or multi-purpose buildings are supplied from district heating or district cooling, or where own common heating or cooling systems for such buildings are prevalent, Member States shall ensure they have in place transparent, publicly available national rules on the allocation of the cost of heating, cooling and domestic hot water consumption in such buildings to ensure transparency and accuracy of accounting for individual consumption. Where appropriate, such rules shall include guidelines on the manner in which to allocate cost for energy that is used as follows:
(a)domestic hot water;
(b)heat radiated from the building installation and for the purpose of heating the common areas, where staircases and corridors are equipped with radiators;
(c)for the purpose of heating or cooling apartments.
Article 159 - c Remote reading requirement
1. For the purposes of Articles 139a and 149b, newly installed meters and heat cost allocators installed after 25 October 2020 shall be remotely readable devices. The conditions of technical feasibility and cost effectiveness set out in Article 149b(1) shall continue to apply.2. Meters and heat cost allocators which are not remotely readable but which have already been installed shall be rendered remotely readable or replaced with remotely readable devices by 1 January 2027, save where the Member State in question shows that this is not cost-efficient.
2012/27/EU
Article 1610 -
2019/944 Art. 70.2(a)Billing information for natural gas
2019/944 Art. 70.2(b) (adapted)
1. Where final customers do not have smart meters as referred to in Directive 2009/73/EC, Member States shall ensure, by 31 December 2014, that billing information for natural gas is reliable, accurate and based on actual consumption, in accordance with point 1.1 of Annex VII, where that is technically possible and economically justified.
2012/27/EU
This obligation may be fulfilled by a system of regular self-reading by the final customers whereby they communicate readings from their meter to the energy supplier. Only when the final customer has not provided a meter reading for a given billing interval shall billing be based on estimated consumption or a flat rate.
2019/944 Art. 70.2(c)
2. Meters installed in accordance with Directive 2009/73/EC shall enable the provision of accurate billing information based on actual consumption. Member States shall ensure that final customers have the possibility of easy access to complementary information on historical consumption allowing detailed self-checks.
2012/27/EU (adapted)
Complementary information on historical consumption shall include:
(a)cumulative data for at least the three previous years or the period since the start of the supply contract if this is shorter. The data shall correspond to the intervals for which frequent billing information has been produced; and
(b)detailed data according to the time of use for any day, week, month and year. These data shall be made available to the final customer via the internet or the meter interface for the period of at least the previous 24 months or the period since the start of the supply contract if this is shorter.
3. Independently of whether smart meters have been installed or not, Member States:
(a)shall require that, to the extent that information on the energy billing and historical consumption of final customers is available, it be made available, at the request of the final customer, to an energy service provider designated by the final customer;
(b)shall ensure that final customers are offered the option of electronic billing information and bills and that they receive, on request, a clear and understandable explanation of how their bill was derived, especially where bills are not based on actual consumption;
(c)shall ensure that appropriate information is made available with the bill to provide final customers with a comprehensive account of current energy costs, in accordance with Annex VII;
(d)may lay down that, at the request of the final customer, the information contained in these bills shall not be considered to constitute a request for payment. In such cases, Member States shall ensure that suppliers of energy sources offer flexible arrangements for actual payments;
(e)shall require that information and estimates for energy costs are provided to consumers on demand in a timely manner and in an easily understandable format enabling consumers to compare deals on a like-for-like basis.
2018/2002 Art. 1.8 (adapted)
Article 1710 - a Billing and consumption information for heating, cooling and domestic hot water
1. Where meters or heat cost allocators are installed, Member States shall ensure that billing and consumption information is reliable, accurate and based on actual consumption or heat cost allocator readings, in accordance with points 1 and 2 of Annex VIIIVIIa for all final users, namely for natural or legal persons purchasing heating, cooling or domestic hot water for their own end-use, or natural or legal persons occupying an individual building or a unit in a multi-apartment or multi-purpose building supplied with heating, cooling or domestic hot water from a central source who has no direct or individual contract with the energy supplier.This obligation may, where a Member State so provides, save in the case of sub-metered consumption based on heat cost allocators under Article 149b, be fulfilled by a system of regular self-reading by the final customer or final user whereby they communicate readings from their meter. Only where the final customer or final user has not provided a meter reading for a given billing interval shall billing be based on estimated consumption or a flat rate.
2. Member States shall:
(a)require that, if information on the energy billing and historical consumption or heat cost allocator readings of final users is available, it be made available upon request by the final user, to an energy service provider designated by the final user;
(b)ensure that final customers are offered the option of electronic billing information and bills;
(c)ensure that clear and comprehensible information is provided with the bill to all final users in accordance with point 3 of Annex VIIIVIIa; and
(d)promote cybersecurity and ensure the privacy and data protection of final users in accordance with applicable Union law.
Member States may provide that, at the request of the final customer, the provision of billing information shall not be considered to constitute a request for payment. In such cases, Member States shall ensure that flexible arrangements for actual payment are offered.
3. Member States shall decide who is to be responsible for providing the information referred to in paragraphs 1 and 2 to final users without a direct or individual contract with an energy supplier.
2018/2002 Art. 1.9
Article 1811 -
2019/944 Art. 70.3Cost of access to metering and billing information for natural gas
2018/2002 Art. 1.9
Member States shall ensure that final customers receive all their bills and billing information for energy consumption free of charge and that final customers have access to their consumption data in an appropriate way and free of charge.
2018/2002 Art. 1.10
Article 1911 - a Cost of access to metering and billing and consumption information for heating, cooling and domestic hot water
1. Member States shall ensure that final users receive all their bills and billing information for energy consumption free of charge and that final users have access to their consumption data in an appropriate way and free of charge.2. Notwithstanding paragraph 1 of this Article, the distribution of costs of billing information for the individual consumption of heating, cooling and domestic hot water in multi-apartment and multi-purpose buildings pursuant to Article 149b shall be carried out on a non-profit basis. Costs resulting from the assignment of that task to a third party, such as a service provider or the local energy supplier, covering the measuring, allocation and accounting for actual individual consumption in such buildings, may be passed onto the final users to the extent that such costs are reasonable.
3. In order to ensure reasonable costs for sub-metering services as referred to in paragraph 2, Member States may stimulate competition in that service sector by taking appropriate measures, such as recommending or otherwise promoting the use of tendering and/or the use of interoperable devices and systems facilitating switching between service providers.
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CHAPTER IV
CONSUMER INFORMATION AND EMPOWERMENT
Article 20 - Basic contractual rights for heating, cooling and domestic hot water
1. Without prejudice to Union rules on consumer protection, in particular Directive 2011/83/EU of the European Parliament and of the Council 112 and Council Directive 93/13/EEC of the European Parliament and of the Council 113 , Member States shall ensure that final customers and, where explicitly referred to, final users are granted the rights provided for in paragraphs 2 to 8 of this Article.2. Final customers shall have the right to a contract with their supplier that specifies:
(a)the identity and address of the supplier;
(b)the services provided and the service quality levels offered;
(c)the types of maintenance service offered;
(d) the means by which up-to-date information on all applicable tariffs, maintenance charges and bundled products or services may be obtained;
(e) the duration of the contract, the conditions for renewal and termination of the contract and services, including products or services that are bundled with those services, and whether terminating the contract without charge is permitted;
(f) any compensation and the refund arrangements which apply if contracted service quality levels are not met, including inaccurate or delayed billing;
(g) the method of initiating an out-of-court dispute settlement procedure in accordance with Article 21;
(h) information relating to consumer rights, including information on complaint handling and all of the information referred to in this paragraph, which is clearly communicated on the bill or the undertaking's web site.
Conditions shall be fair and known in advance. In any case, this information shall be provided prior to the conclusion or confirmation of the contract. Where contracts are concluded through intermediaries, the information relating to the matters set out in this paragraph shall also be provided prior to the conclusion of the contract.
Final customers and final users shall be provided with a summary of the key contractual conditions in a comprehensible manner and in concise and simple language.
3. Final customers shall be given adequate notice of any intention to modify contractual conditions. Suppliers shall notify their final customers, in a transparent and comprehensible manner, directly of any adjustment in the supply price and of the reasons and preconditions for the adjustment and its scope, at an appropriate time no later than two weeks, or no later than one month in the case of household customers, before the adjustment comes into effect.
4. Suppliers shall offer final customers a wide choice of payment methods. Such payment methods shall not unduly discriminate between customers. Any difference in charges related to payment methods or prepayment systems shall be objective, non-discriminatory and proportionate and shall not exceed the direct costs borne by the payee for the use of a specific payment method or a prepayment system, in line with Article 62 of Directive (EU) 2015/2366 of the European Parliament and of the Council 114 .
5. Pursuant to paragraph 6, household customers who have access to prepayment systems shall not be placed at a disadvantage by the prepayment systems.
6. Suppliers shall offer final customers and final users fair and transparent general terms and conditions, which shall be provided in plain and unambiguous language and shall not include non-contractual barriers to the exercise of customers' rights, such as excessive contractual documentation. Customers shall be protected against unfair or misleading selling methods. Final users shall be provided access to these general terms and conditions upon request. Final customers and final users shall be protected against unfair or misleading selling methods. Final customers with disabilities should be provided all relevant information on their contract with their supplier in accessible formats.
7. Final customers and final users shall have the right to a good standard of service and complaint handling by their suppliers. Suppliers shall handle complaints in a simple, fair and prompt manner.
2012/27/EU (adapted)
Article 2112 - Consumer Iinformation and empowering programme awareness raising new
1. Member States shall ensure that information on available energy efficiency improvement measures, individual actions and financial and legal frameworks is transparent and widely disseminated to all relevant market actors, such as final customers, final users,, consumer organisations, civil society representatives, renewable energy communities, citizen energy communities, local and regional authorities, energy agencies, social service providers, builders, architects, engineers, environmental and energy auditors, and installers of building elements as defined in by Article 2(9) of Directive 2010/31/EU.2012/27/EU (adapted)
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21. Member States shall take appropriate measures to promote and facilitate an efficient use of energy by final customers, including domestic customers and final users . These measures may shall be part of a national strategy such as the integrated national energy and climate plan in accordance with Regulation (EU) 2018/1999, or the long term renovation strategy as defined in Directive 2010/31/EU .
2. For the purposes of paragraph 1 this Article , these measures shall include one or more of the elements listed under point (a) or (b):
(a)a range of instruments and policies to promote behavioural change which may include such as :
(i)fiscal incentives;
(ii)access to finance, vouchers, grants or subsidies;
(iii)information provision in accessible form to people with disabilities ;
(iv)exemplary projects;
(v)workplace activities;
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(vi)training activities;
(vii)digital tools.
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For the purposes of this article, these measures shall also include but not be limited to the following ways and means to engage consumers and consumer organisations during the possible roll-out of smart meters through market actors such as those referred in paragraph 1 :
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(i)creation of one-stop shops or similar mechanisms for the provision of technical, administrative and financial advice and assistance on energy efficiency, including energy renovations of buildings and the take-up of renewable energy for buildings to final customers and final users, especially household and small non-household ones.
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(ii)communication of:
(i)cost-effective and easy-to-achieve changes in energy use;
(iiiii) dissemination of information on energy efficiency measures and financing instruments ;.
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(iv)provision of single points of contact, to provide final customers and final users with all necessary information concerning their rights, the applicable law and dispute settlement mechanisms available to them in the event of a dispute. Such single points of contact may be part of general consumer information points.
2012/27/EU (adapted)
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32. Member States shall establish appropriate conditions for market operators actors to provide adequate and targeted information and advice to final energy consumers , including vulnerable customers, people affected by energy poverty and, where applicable, people living in social housing on energy efficiency.
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4. Member States shall ensure that final customers, final users, vulnerable customers, people affected by energy poverty and, where applicable, people living in social housing, have access to simple, fair, transparent, independent, effective and efficient out-of-court mechanisms for the settlement of disputes concerning rights and obligations established under this Directive, through an independent mechanism such as an energy ombudsperson or a consumer body, or through a regulatory authority. Where the final customer as defined in Article 4(1)(a) of Directive 2013/11/EU of the European Parliament and of the Council 115 , such out-of-court dispute settlement mechanisms shall comply with the requirements set out therein.
Where necessary, Member States shall ensure that alternative dispute resolution entities cooperate to provide simple, fair, transparent, independent, effective and efficient out-of-court dispute settlement mechanisms for any dispute that arises from products or services that are tied to, or bundled with, any product or service falling under the scope of this Directive.
The participation of undertakings in out-of-court dispute settlement mechanisms for household customers shall be mandatory unless the Member State demonstrates to the Commission that other mechanisms are equally effective.
2012/27/EU (adapted)
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Article 19 - Other measures to promote energy efficiency
51. Without prejudice to the basic principles of their property and tenancy law, Member States shall evaluate and if necessary take appropriate necessary measures to remove regulatory and non-regulatory barriers to energy efficiency, without prejudice to the basic principles of the property and tenancy law of the Member States, in particular as regards:(a)the split of incentives between the owner owners and the tenant tenants of a building or among owners of a building or building unit , with a view to ensuring that these parties are not deterred from making efficiency-improving investments that they would otherwise have made by the fact that they will not individually obtain the full benefits or by the absence of rules for dividing the costs and benefits between them, including national rules and measures regulating decision- making processes in multi-owner properties;
Such Mmeasures to remove such barriers may include providing incentives, repealing or amending legal or regulatory provisions, or adopting guidelines and interpretative communications, or simplifying administrative procedures , including national rules and measures regulating decision-making processes in multi-owner properties . The measures may be combined with the provision of education, training and specific information and technical assistance on energy efficiency to market actors such as those referred in paragraph 1 .
2. The evaluation of barriers and measures referred to in paragraph 1 shall be notified to the Commission in the first National Energy Efficiency Action Plan referred to in Article 24(2). The Commission shall encourage the sharing of national best practices in this regard.
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Member States shall take appropriate measures to support a multilateral dialogue with the participation of relevant public and social partners such as owners and tenants organisations, consumer organisations, renewable energy communities, citizen energy communities local and regional authorities, relevant public authorities and agencies and the aim to set out proposals on jointly accepted measures, incentives and guidelines pertinent to the split of incentives between the owners and tenants or among owners of a building or building unit.
Each Member State shall report such barriers and the measures taken in its long-term renovation strategy pursuant to Article 2a of Directive 2010/31/EU and Regulation (EU) 2018/1999.
2012/27/EU
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65. The Commission shall encourage the exchange and wide dissemination of information on best good energy efficiency practices and methodologies to mitigate the split of incentives in Member States.
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Article 22 - Empowering and protecting vulnerable customers and alleviating energy poverty
1. Member States shall take appropriate measures to empower and protect people affected by energy poverty, vulnerable customers and, where applicable, people living in social housing.In defining the concept of vulnerable customers pursuant to Articles 28(1) and 29 of Directive (EU) 2019/944 and Article 3(3) of Directive 2009/73/EC, Member States shall take into account final users.
2. Member States shall implement energy efficiency improvement measures and related consumer protection or information measures, in particular those set out in Article 21 and Article 8(3), as a priority among people affected by energy poverty, vulnerable customers and, where applicable, people living in social housing to alleviate energy poverty.
3. To support vulnerable customers, people affected by energy poverty and, where applicable, people living in social housing, Member States shall:
a) implement energy efficiency improvement measures to mitigate distributional effects from other policies and measures, such as taxation measures implemented according to Article 9 of this Directive, or the application of emission trading in the buildings and transport sector according to the ETS Directive [Reference to proposal];
b) make the best possible use of public funding available at national and Union level, including, where applicable, the financial contribution Member State received from the Social Climate Fund pursuant to [Article 9 and Article 14 of the Social Climate Fund Regulation], and revenues from allowance auctions from emission trading pursuant to the EU ETS, for investments into energy efficiency improvement measures as priority actions,
c) where applicable, carry out early, forward-looking investments into energy efficiency improvement measures before distributional impacts from other policies and measures show effect
d) foster technical assistance and the roll-out of enabling funding and financial tools, such as on-bill schemes, local loan-loss reserve, guarantee funds, funds targeting deep renovations and renovations with minimum energy gains;
e) foster technical assistance for social actors to promote vulnerable consumers' active engagement in the energy market, and positive changes in their energy consumption behaviour.
f) ensure access to finance, grants or subsidies bound to minimum energy gains;
4. Member States shall establish a network of experts from various sectors such as health sector, building sector and social sectors to develop strategies to support local and national decision makers in implementing energy efficiency improvement measures alleviating energy poverty, measures to generate robust long term solutions to mitigate energy poverty and to develop appropriate technical assistance and financial tools. Member States shall strive to ensure a network of experts’ composition that ensures gender balance and reflects the perspectives of people in all their diversity.
Member States may entrust the same network of experts:
a) to establish national definitions, indicators and criteria of energy poverty, energy poor and concepts of vulnerable customers, including final users;
b) to develop or improve relevant indicators and data sets, pertinent to the issue of energy poverty, that should be used and reported upon, and
c) to set up methods and measures to ensure affordability, the promotion of housing cost neutrality, or ways to ensure that public funding invested in energy efficiency improvement measures benefit both, owners and tenants, of buildings and building units, in particular regarding vulnerable customers, people affected by energy poverty, and, where applicable, people living in social housing.
d) to assess, and where applicable, propose measures to prevent or remedy situations in which particular groups are more affected or more at risk of being affected by energy poverty or more susceptible to the adverse impacts of energy poverty, such as women, persons with disabilities, older persons, children, and persons with a minority racial or ethnic background.
2012/27/EU (adapted)
3. The Commission shall review the impact of its measures to support the development of platforms, involving, inter alia, the European social dialogue bodies in fostering training programmes for energy efficiency, and shall bring forward further measures if appropriate. The Commission shall encourage European social partners in their discussions on energy efficiency.
CHAPTER VIII
EFFICIENCY IN ENERGY SUPPLY
Article 2314 - Promotion of efficiency in Hheating and cooling assessment and planning new
1. As part of its integrated national energy and climate plan, its subsequent integrated national energy and climate plan and respective progress reports notified in accordance with Regulation (EU) 2018/1999, each Member State shall notify to the Commission a comprehensive heating and cooling assessment. That comprehensive assessment shall contain the information set out in Annex IX and shall be accompanied with the assessment carried out pursuant to Article 15(7) of Directive (EU) 2018/2001.2012/27/EU (adapted)
1. By 31 December 2015, Member States shall carry out and notify to the Commission a comprehensive assessment of the potential for the application of high-efficiency cogeneration and efficient district heating and cooling, containing the information set out in Annex VIII. If they have already carried out an equivalent assessment, they shall notify it to the Commission.
The comprehensive assessment shall take full account of the analysis of the national potentials for high-efficiency cogeneration carried out under Directive 2004/8/EC.
At the request of the Commission, the assessment shall be updated and notified to the Commission every five years. The Commission shall make any such request at least one year before the due date.
2. Member States shall adopt policies which encourage the due taking into account at local and regional levels of the potential of using efficient heating and cooling systems, in particular those using high-efficiency cogeneration. Account shall be taken of the potential for developing local and regional heat markets.
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2. Member States shall ensure that the public is given the opportunity to participate in the preparation of heating and cooling plans, the comprehensive assessment and the policies and measures.
2012/27/EU (adapted)
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3. For the purpose of the assessment referred to in paragraph 1, Member States shall carry out a cost-benefit analysis covering their territory and based on climate conditions, economic feasibility and technical suitability in accordance with Part 1 of Annex IX. The cost-benefit analysis shall be capable of facilitating the identification of the most resource- and cost-efficient solutions to meeting heating and cooling needs. That cost-benefit analysis may be part of an environmental assessment under Directive 2001/42/EC of the European Parliament and of the Council of 27 June 2001 on the assessment of the effects of certain plans and programmes on the environment 116 .
Member States shall designate the competent authorities responsible for carrying out the cost-benefit analyses, provide the detailed methodologies and assumptions in accordance with Annex X and establish and make public the procedures for the economic analysis.
4. Where the assessment referred to in paragraph 1 and the analysis referred to in paragraph 3 identify a potential for the application of high-efficiency cogeneration and/or efficient district heating and cooling whose benefits exceed the costs, Member States shall take adequate measures for efficient district heating and cooling infrastructure to be developed and/or to accommodate the development of high-efficiency cogeneration and the use of heating and cooling from waste heat and renewable energy sources in accordance with paragraphs 1, 5, and 7 paragraph 1 and Article 24(4) and (6) .
Where the assessment referred to in paragraph 1 and the analysis referred to in paragraph 3 do not identify a potential whose benefits exceed the costs, including the administrative costs of carrying out the cost-benefit analysis referred to in Article 24(4)paragraph 5, the Member State concerned may exempt installations from the requirements laid down in that paragraph.
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5. Member States shall adopt policies and measures, which ensure that the potential identified in the comprehensive assessments carried out pursuant to paragraph 1. These policies and measures shall include at least the elements set out in Annex IX. Each Member State shall notify those policies and measures as part of the update of its integrated national energy and climate plans, its subsequent integrated national energy and climate plan, and respective progress reports notified in accordance with Regulation (EU) 2018/1999.
6. Member States shall encourage regional and local authorities to prepare local heating and cooling plans at least in municipalities having a total population higher than 50.000. Those plans should at least:
(a)be based on the information and data provided in the comprehensive assessments carried out pursuant to paragraph 1 provide estimate and mapping of the potential for increasing energy efficiency, including via waste heat recovery, and renewable energy in heating and cooling in that particular area;
(b)include a strategy for the use of the identified potential pursuant to paragraph 6(a);
(c)be prepared with the involvement of all relevant regional or local stakeholders and ensure participation of general public;
(d)consider the common needs of local communities and multiple local or regional administrative units or regions;
(e)include the monitoring of the progress of implementation of policies and measures identified.
Member States shall ensure that the public is given the opportunity to participate the preparation of heating and cooling plans, the comprehensive assessment and the policies and measures.
For this purpose, Member States shall develop recommendations supporting the regional and local authorities to implement policies and measures in energy efficient and renewable energy based heating and cooling at regional and local level utilising the potential identified. Member States shall support regional and local authorities to the utmost extent possible by any means including financial support and technical support schemes.
Article 24 - Heating and cooling supply
1. In order to increase primary energy efficiency and the share of renewable energy in heating and cooling supply, an efficient district heating and cooling system is a system which meets the following criteria:a. until 31 December 2025, a system using at least 50% renewable energy, 50% waste heat, 75% cogenerated heat or 50% of a combination of such energy and heat;
b. from 1 January 2026, a system using at least 50% renewable energy, 50% waste heat, 80% of high-efficiency cogenerated heat or at least a combination of such thermal energy going into the network where the share of renewable energy is at least 5% and the total share of renewable energy, waste heat or high-efficiency cogenerated heat is at least 50%;
c,from 1 January 2035, a system using at least 50% renewable energy and waste heat, where the share of renewable energy is at least 20%;
d. from 1 January 2045, a system using at least 75 % renewable energy and waste heat, where the share of renewable energy is at least 40%;
e. from 1 January 2050, a system using only renewable energy and waste heat, where the share of renewable energy is at least 60%.
2. Member States shall ensure that where a district heating and cooling system is built or substantially refurbished it meets the criteria set out in paragraph 1 applicable at such time when it starts or continues its operation after the refurbishment. In addition, Member States shall ensure that when a district heating and cooling system is built or substantially refurbished, there is no increase in the use of fossil fuels other than natural gas in existing heat sources compared to the annual consumption averaged over the previous three calendar years of full operation before refurbishment, and that any new heat sources in that system do not use fossil fuels other than natural gas.
3. Member States shall ensure that as from 1 January 2025, and every five years thereafter, operators of all existing district heating and cooling systems with a total energy output exceeding 5 MW and which do not meet the criteria set out in paragraph 1(b) to (e), prepare a plan to increase primary energy efficiency and renewable energy. The plan shall include measures to meet the criteria set out in paragraph 1(b) to (e) and shall be approved by the competent authority.
2012/27/EU (adapted)
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45. In order to assess the economic feasibility of increasing energy efficiency of heat and cooling supply, Member States shall ensure that a an installation level cost-benefit analysis in accordance with Part 2 of Annex XIX is carried out where, after 5 June 2014 the following installations are newly planned or substantially refurbished :
(a)a new thermal electricity generation installation with a an average annual total thermal energy input exceeding 20 5 MW is planned, in order to assess the cost and benefits of providing for the operation of the installation as a high-efficiency cogeneration installation;
(b)an existing thermal electricity generation installation with a total thermal input exceeding 20 MW is substantially refurbished, in order to assess the cost and benefits of converting it to high-efficiency cogeneration;
(c)an industrial installation with a total thermal input exceeding 20 MW generating waste heat at a useful temperature level is planned or substantially refurbished, in order to assess the cost and benefits of utilising the waste heat to satisfy economically justified demand, including through cogeneration, and of the connection of that installation to a district heating and cooling network;
(d)a new district heating and cooling network is planned or in an existing district heating or cooling network a new energy production installation with a total thermal input exceeding 20 MW is planned or an existing such installation is to be substantially refurbished, in order to assess the cost and benefits of utilising the waste heat from nearby industrial installations.
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(b)an industrial installation with an average annual total energy input exceeding 5 MW in order to assess utilisation of the waste heat on-site and off-site;
(c)service facility with an annual average total energy input exceeding 5 MW, such as wastewater treatment facilities and LNG facilities in order to assess utilisation of waste heat on-site and off-site,
(d)a data centre with a total rated energy input exceeding 1 MW level, to assess the cost and benefits of utilising the waste heat to satisfy economically justified demand, and of the connection of that installation to a district heating network or an efficient/RES-based district cooling system. The analysis shall consider cooling system solutions that allow removing or capturing the waste heat at useful temperature level with minimal ancillary energy inputs.
For the purposes of assessing on-site waste heat for the purpose of points (b) to (d), energy audits in line with Annex VI may be carried out instead of the cost benefit analysis set out in this paragraph.
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The fitting of equipment to capture carbon dioxide produced by a combustion installation with a view to its being geologically stored as provided for in Directive 2009/31/EC shall not be considered as refurbishment for the purpose of points (b), (c) and (d) (b) and (c) of this paragraph.
Member States may shall require the cost-benefit analysis referred to in points (c) and (d) to be carried out in cooperation with the companies responsible for the operation of the district heating and cooling networks facility .
56. Member States may exempt from paragraph 45:
(a)those peak load and back-up electricity generating installations which are planned to operate under 1500 operating hours per year as a rolling average over a period of five years, based on a verification procedure established by the Member States ensuring that this exemption criterion is met;
(b)nuclear power installations;
(bc)installations that need to be located close to a geological storage site approved under Directive 2009/31/EC;.
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(c)data centres whose waste heat is or will be used in a district heating network or directly for space heating, domestic hot water preparation or other uses in the building or group of buildings where it is located.
2012/27/EU (adapted)
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Member States may also lay down thresholds, expressed in terms of the amount of available useful waste heat, the demand for heat or the distances between industrial installations and district heating networks, for exempting individual installations from the provisions of points (c) and (d) (c) and (d) of paragraph 5.
Member States shall notify exemptions adopted under this paragraph to the Commission by 31 December 2013 and any subsequent changes to them thereafter.
67. Member States shall adopt authorisation criteria as referred to in Article 87 of Directive (EU) 2019/9442009/72/EC, or equivalent permit criteria, to:
(a)take into account the outcome of the comprehensive assessment referred to in paragraph 13;
(b)ensure that the requirements of paragraph 45 are fulfilled; and
(c)take into account the outcome of cost-benefit analysis referred to in paragraph 45.
78. Member States may exempt individual installations from being required, by the authorisation and permit criteria referred to in paragraph 67, to implement options whose benefits exceed their costs, if there are imperative reasons of law, ownership or finance for so doing so . In these cases the Member State concerned shall submit a reasoned notification of its decision to the Commission within three months of the date of taking it. The Commission may issue an opinion on the notification within three months upon its receipt.
89. Paragraphs 45, 56, 67 and 78 of this Article shall apply to installations covered by Directive 2010/75/EU without prejudice to the requirements of that Directive.
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9. Member States shall collect information on cost-benefit analyses carried out in accordance with paragraph 4 points (a), (b), (c) and (d) of this Article. That information should contain at least the data on available heat supply amounts and heat parameters, number of planned operating hours annually and geographical location of the sites. That data shall be published with the due respect of its potential sensitivity.
2012/27/EU (adapted)
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10. On the basis of the harmonised efficiency reference values referred to in point (f) of Annex IIIII, Member States shall ensure that the origin of electricity produced from high-efficiency cogeneration can be guaranteed according to objective, transparent and non-discriminatory criteria laid down by each Member State. They shall ensure that this guarantee of origin complies with the requirements and contains at least the information specified in Annex XIX. Member States shall mutually recognise their guarantees of origin, exclusively as proof of the information referred to in this paragraph. Any refusal to recognise a guarantee of origin as such proof, in particular for reasons relating to the prevention of fraud, must be based on objective, transparent and non-discriminatory criteria. Member States shall notify the Commission of such refusal and its justification. In the event of refusal to recognise a guarantee of origin, the Commission may adopt a decision to compel the refusing party to recognise it, in particular with regard to objective, transparent and non-discriminatory criteria on which such recognition is based.
The Commission shall be empowered to review, by means of delegated acts in accordance with Article 2923 of this Directive, the harmonised efficiency reference values laid down in Commission Implementing Decision 2011/877/EU 117 Commission Delegated Regulation (EU) 2015/2402 118 on the basis of Directive 2004/8/EC by 31 December 2014.
11. Member States shall ensure that any available support for cogeneration is subject to the electricity produced originating from high-efficiency cogeneration and the waste heat being effectively used to achieve primary energy savings. Public support to cogeneration and district heating generation and networks shall be subject to State aid rules, where applicable.
Article 2515 - Energy transformation, transmission and distribution
1. Member States shall ensure that Nnational energy regulatory authorities pay due regard to shall apply the energy efficiency irst principle in accordance with Article 3 of this Directive in carrying out the regulatory tasks specified in Directives (EU) 2019/9442009/72/EC and 2009/73/EC regarding their decisions on the operation of the gas and electricity infrastructure , include their decisions on network tariffs .Member States shall in particular ensure that national energy regulatory authorities, through the development of network tariffs and regulations, within the framework of Directive (EU) 2019/9442009/72/EC and taking into account the costs and benefits of each measure, provide incentives for grid operators to make available system services to network users permitting them to implement energy efficiency improvement measures in the context of the continuing deployment of smart grids.
Such systems services may be determined by the system operator and shall not adversely impact the security of the system.
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2. Member States shall ensure that gas and electricity transmission and distribution network operators apply the energy efficiency first principle in accordance with Article 3 of this Directive in their network planning, network development and investment decisions. While taking security of supply and market integration into account, Member States shall ensure that transmission system operators and distribution system operators do not invest in stranded assets to contribute to climate change mitigation. National regulatory authorities should provide methodologies and guidance on how to assess alternatives in the cost-benefit analysis, taking into account wider benefits, and verify the implementation of the energy efficiency first principle by the transmission system operators or distribution system operators when approving, verifying or monitoring the projects submitted by the transmission system operators or distribution system operators.
3. Member States shall ensure that transmission and distribution network operators map network losses and take cost-effective measures to reduce network losses. Transmission and distribution network operators shall report those measures and expected energy savings through the reduction of network losses to the national energy regulatory authority. National energy regulatory authorities shall limit the possibility for transmission and distribution network operators to recover avoidable network losses from tariffs paid by consumers. Member States shall ensure that transmission and distribution operators assess energy efficiency improvement measures with regard to their existing gas or electricity transmission or distribution systems and improve energy efficiency in infrastructure design and operation. Member States shall encourage transmission and distribution network operators to develop innovative solutions to improve the energy efficiency of existing systems through incentive based regulations.
4. National energy regulatory authorities shall include a specific section on the progress achieved in energy efficiency improvements regarding the operation of the gas and electricity infrastructure in the annual report drawn up pursuant Article 59(l) of Directive (EU) 2019/944 and pursuant to Article 41 of Directive (EU) 2009/73/EC. In these reports, national energy regulatory authorities shall provide an assessment of network losses in the operation of the gas and electricity infrastructure, the measures carried out by transmission and distribution network operators, and, where applicable, provide recommendations for energy efficiency improvements.
2012/27/EU (adapted)
5. For electricity, Member States shall ensure that network regulation and network tariffs fulfil the criteria in Annex XIIXI, taking into account guidelines and codes developed pursuant to Regulation (EU) 2019/943(EC) No 714/2009.
2. Member States shall ensure, by 30 June 2015, that:
(a)an assessment is undertaken of the energy efficiency potentials of their gas and electricity infrastructure, in particular regarding transmission, distribution, load management and interoperability, and connection to energy generating installations, including access possibilities for micro energy generators;
(b)concrete measures and investments are identified for the introduction of cost-effective energy efficiency improvements in the network infrastructure, with a timetable for their introduction.
2018/2002 Art. 1.11
2a. By 31 December 2020, the Commission shall, after consulting relevant stakeholders, prepare a common methodology in order to encourage network operators to reduce losses, implement a cost-efficient and energy-efficient infrastructure investment programme and properly account for the energy efficiency and flexibility of the grid.
2012/27/EU
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63. Member States may permit components of schemes and tariff structures with a social aim for net-bound energy transmission and distribution, provided that any disruptive effects on the transmission and distribution system are kept to the minimum necessary and are not disproportionate to the social aim.
74. Member States National regulatory authorities shall ensure the removal of those incentives in transmission and distribution tariffs that are detrimental to the overall efficiency (including energy efficiency) of the generation, transmission, distribution and supply of electricity and gas or those that might hamper participation of demand response, in balancing markets and ancillary services procurement. Member States shall ensure that network operators are incentivised to improve efficiency in infrastructure design and operation, and, within the framework of Directive (EU) 2019/9442009/72/EC, that tariffs allow suppliers to improve consumer participation in system efficiency, including demand response, depending on national circumstances.
2019/944 Art. 70.5(a)
85. Transmission system operators and distribution system operators shall comply with the requirements set out in Annex XIIXII.
2012/27/EU
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Member States may particularly facilitate the connection to the grid system of electricity produced from high-efficiency cogeneration from small-scale and micro-cogeneration units. Member States shall, where appropriate, take steps to encourage network operators to adopt a simple notification ‘install and inform’ process for the installation of micro-cogeneration units to simplify and shorten authorisation procedures for individual citizens and installers.
6. Subject to the requirements relating to the maintenance of the reliability and safety of the grid, Member States shall take the appropriate steps to ensure that, where this is technically and economically feasible with the mode of operation of the high-efficiency cogeneration installation, high-efficiency cogeneration operators can offer balancing services and other operational services at the level of transmission system operators or distribution system operators. Transmission system operators and distribution system operators shall ensure that such services are part of a services bidding process which is transparent, non-discriminatory and open to scrutiny.
9. Where appropriate, Member States national regulatory authorities may require transmission system operators and distribution system operators to encourage high-efficiency cogeneration to be sited close to areas of heat demand by reducing the connection and use-of-system charges.
107. Member States may allow producers of electricity from high-efficiency cogeneration wishing to be connected to the grid to issue a call for tender for the connection work.
119. When reporting under Directive 2010/75/EU, and without prejudice to Article 9(2) of that Directive, Member States shall consider including information on energy efficiency levels of installations undertaking the combustion of fuels with total rated thermal input of 50 MW or more in the light of the relevant best available techniques developed in accordance with Directive 2010/75/EU and Directive 2008/1/EC of the European Parliament and of the Council of 15 January 2008 concerning integrated pollution prevention and control 119 .
Member States may encourage operators of installations referred to in the first subparagraph to improve their annual average net operational rates.
CHAPTER VIIV
HORIZONTAL PROVISIONS
Article 2616 - Availability of qualification, accreditation and certification schemes
1. Where a Member State considers that the national level of technical competence, objectivity and reliability is insufficient, it shall ensure that, by 31 December 2014, certification and/or accreditation schemes and/or equivalent qualification schemes, including, where necessary, suitable training programmes, become or are available for providers of energy services, energy audits, energy managers and installers of energy-related building elements as defined in Article 2(9) of Directive 2010/31/EU.2. Member States shall ensure that the schemes referred to in paragraph 1 provide transparency to consumers, are reliable and contribute to national energy efficiency objectives.
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1. Member States shall ensure the appropriate level of competences for energy efficiency professions that corresponds to the market needs. Member States in close cooperation with the social partners shall ensure that certification and/or equivalent qualification schemes, including, where necessary, suitable training programmes, are available for energy efficiency professions including providers of energy services, providers of energy audits, energy managers, independent experts and installers of building elements pursuant to Directive 2010/31/EU, and are reliable and contribute to national energy efficiency objectives and the overall EU decarbonisation objectives.
Providers of certification, and/or equivalent qualification schemes, including, where necessary, suitable training programmes shall be accredited according to Regulation (EC) No 765/2008 120 .
2. Member States shall ensure that national certification, or equivalent qualification schemes, including, where necessary, training programmes, take into account existing European or international standards.
2012/27/EU (adapted)
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3. Member States shall make publicly available the certification, and/or accreditation schemes or equivalent qualification schemes , or suitable training programmes referred to in paragraph 1 and shall cooperate among themselves and with the Commission on comparisons between, and recognition of, the schemes.
Member States shall take appropriate measures to make consumers aware of the availability of qualification and/or certification the schemes in accordance with Article 2718(1).
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4. Member States shall assess by 31 December 2024 and every four years thereafter whether the schemes ensure the necessary level of competences for energy services providers, energy auditors, energy managers, independent experts and installers of building elements pursuant to Directive 2010/31/EU, and shall make the assessment and recommendations thereof publically available.
2012/27/EU (adapted)
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Article 17 - Information and training
1. Member States shall ensure that information on available energy efficiency mechanisms and financial and legal frameworks is transparent and widely disseminated to all relevant market actors, such as consumers, builders, architects, engineers, environmental and energy auditors, and installers of building elements as defined in Directive 2010/31/EU.4. Member States shall, with the participation of stakeholders, including local and regional authorities, promote suitable information, awareness-raising and training initiatives to inform citizens of the benefits and practicalities of taking energy efficiency improvement measures.
Article 2718 - Energy services
1. Member States shall promote the energy services market and access to it for SMEs to this market by:(a) disseminating clear and easily accessible information on:
(ai)available energy service contracts and clauses that should be included in such contracts to guarantee energy savings and final customers’ rights;
(bii)financial instruments, incentives, grants , revolving funds, guarantees, insurance schemes, and loans to support energy efficiency service projects;
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(c)available energy services providers that are qualified and/or certified and their qualifications and/or certifications in accordance with Article 26.
(d)available monitoring and verification methodologies and quality control schemes.
2012/27/EU (adapted)
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2.(b) encouraging Member States shall encourage the development of quality labels, inter alia, by trade associations , based on European or international standards where relevant ;
3.(c) making Member States shall make publicly available and regularly updating update a list of available energy service providers who are qualified and/or certified and their qualifications and/or certifications in accordance with Article 2616, or providing provide an interface where energy service providers can provide information.
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4. Member States shall encourage public bodies to use energy performance contracting for renovations of large buildings. For renovations of large non-residential buildings with a useful floor area above 1000 m2, Member States shall ensure that public bodies assess the feasibility of using energy performance contracting.
Member States may encourage public bodies to combine energy performance contracting with expanded energy services including demand response and storage.
2012/27/EU (adapted)
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5.(d) supporting Member States shall support the public sector in taking up energy service offers, in particular for building refurbishment, by:
(ai)providing model contracts for energy performance contracting which include at least the items listed in Annex XIIIXIII and take into account the existing European or international standards, available tendering guidelines and Eurostat guide to the statistical treatment of energy performance contracts in government accounts ;
(bii)providing information on best practices for energy performance contracting, including, if available, cost-benefit analysis using a life-cycle approach;
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(c)making publicly available a database of implemented and ongoing energy performance contracting projects that includes the projected and achieved energy savings.
2012/27/EU (adapted)
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62. Member States shall support the proper functioning of the energy services market, where appropriate, by taking the following measures :
(a)identifying and publicising point(s) of contact where final customers can obtain the information referred to in paragraph 1;
(b)taking, if necessary, measures to remove removing the regulatory and non-regulatory barriers that impede the uptake of energy performance contracting and other energy efficiency service models for the identification and/or implementation of energy saving measures;
(c)considering putting in place or assigning the role of an independent mechanism, such as an ombudsman, to ensure the efficient handling of complaints and out-of-court settlement of disputes arising from energy service contracts;
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(c)setting up and promoting the role of advisory bodies and independent market intermediaries including one stop shops or similar support mechanisms to stimulate market development on the demand and supply sides, and making information about those support mechanisms publically available and accessible to market actors.
7. For the purpose of supporting the proper functioning of the energy services market, Member States may establish an individual mechanism or designate an ombudsperson to ensure the efficient handling of complaints and out-of-court settlement of disputes arising from energy service and energy performance contracts.
2012/27/EU (adapted)
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(d)enabling independent market intermediaries to play a role in stimulating market development on the demand and supply sides.
83. Member States shall ensure that energy distributors, distribution system operators and retail energy sales companies refrain from any activities that may impede the demand for and delivery of energy services or other energy efficiency improvement measures, or hinder the development of markets for such services or measures, including foreclosing the market for competitors or abusing dominant positions.
Article 2820 - Energy Efficiency National Fund, Financing and Technical Support
1. Without prejudice to Articles 107 and 108 TFEU of the Treaty on the Functioning of the European Union, Member States shall facilitate the establishment of financing facilities, or use of existing ones, for energy efficiency improvement measures to maximise the benefits of multiple streams of financing and the combination of grants, financial instruments and technical assistance .2. The Commission shall, where appropriate, directly or via the European financial institutions, assist Member States in setting up financing facilities and technical support schemes project development assistance facilities at national, regional or local level with the aim of increasing investments in energy efficiency in different sectors , and protecting and empowering vulnerable customers, people affected by energy poverty and, where applicable, people living in social housing including by integrating an equality perspective so that no one is left behind.
3. Member States shall adopt measures that ensure that energy efficiency lending products, such as green mortgages and green loans, secured and unsecured, are offered widely and in a non-discriminatory manner by financial institutions and, are visible and accessible to consumers. Member States shall adopt measures to facilitate the implementation of on-bill and on-tax financing schemes. Member States shall encourage the provision of information to ensure that banks and other financial institutions receive information on opportunities to participate in the financing of energy efficiency improvement measures on possibilities of participating, including through the creation of public/private partnerships, in the financing of energy efficiency improvement measures.
43. The Commission shall facilitate the exchange of best practice between the competent national or regional authorities or bodies, e.g. through annual meetings of the regulatory bodies, public databases with information on the implementation of measures by Member States, and country comparison.
2018/2002 Art. 1.12 (adapted)
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53a. In order to mobilise private financing for energy efficiency measures and energy renovation, in accordance with Directive 2010/31/EU, the Commission shall conduct a dialogue with both public and private financial institutions in order to map out possible actions it can take.
63b. The actions referred to in paragraph 43a shall include the following elements :
(a)mobilising capital investment into energy efficiency by considering the wider impacts of energy savings for financial risk management;
(b)ensuring better energy and finance performance data by:
(i)examining further how energy efficiency investments improve underlying asset values;
(ii)supporting studies to assess the monetisation of the non-energy benefits of energy efficiency investments.
73c. For the purpose of mobilising private financing of energy efficiency measures and energy renovation, Member States shall, when implementing this Directive:
(a)consider ways to make better use of energy audits under Article 118 to influence decision-making;
(b)make optimal use of the possibilities and tools available from the Union budget, and proposed in the smart finance for smart buildings initiative and in Commission Communication entitled ‘Renovation Wave´.
83d. By 1 January 2020 31 December 2024the Commission shall provide guidance for Member States and market actors on how to unlock private investment.
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The guidance shall have the purpose of helping Member States and market actors to develop and implement their energy efficiency investments in the various Union programmes, and will propose adequate financial mechanisms and solutions, with a combination of grants, financial instruments and project development assistance, to scale up existing initiatives and use the Union funding as a catalyst to leverage and trigger private financing.
2012/27/EU (adapted)
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94. Member States may set up an Energy Efficiency National Fund. The purpose of this fund shall be to implement energy efficiency measures, including measures pursuant to Article 8(3) and Article 22 as a priority among vulnerable customers, people affected by energy poverty and, where applicable, people living in social housing, and to support implement national energy efficiency initiatives measures to support Member States in meeting their national energy efficiency contributions and their indicative trajectories referred to in Article 4(2). The Energy Efficiency National Fund may be financed with revenues from the allowance auctions pursuant to the EU Emission Trading System on buildings and transport sectors.
105. Member States may allow public bodies to fulfil the for the obligations set out in Article 65(1) to be fulfilled by means of annual contributions to the Energy Efficiency National Fund of an amount equivalent equal to the amount of the investments required to achieve those obligations.
116. Member States may provide that obligated parties can fulfil their obligations set out in Article 97(1) and 4 by contributing annually to the Energy Efficiency National Fund an amount equal to the investments required to achieve those obligations.
127. Member States may use their revenues from annual emission allocations under Decision No 406/2009/EC for the development of innovative financing mechanisms to give practical effect to the objective in Article 65 of improving the energy performance of buildings for energy efficiency improvements .
Article 2921 - Conversion factors and primary energy factors
1. For the purpose of comparison of energy savings and conversion to a comparable unit, the net calorific values in Annex VI of Commission Implementing Regulation (EU) 2018/2066 121 and the primary energy factors conversion factors set out in paragraph 2 Annex IV shall apply unless the use of other conversion values or factors can be justified.new
2. A primary energy factor shall be applicable when energy savings are calculated in primary energy terms using a bottom-up approach based on final energy consumption.3. For savings in kWh electricity, Member States shall apply a coefficient in order to accurately calculate the resulting primary energy consumption savings. Member States shall apply a default coefficient of 2,1 unless they use their discretion to define a different coefficient based upon justified national circumstances.
4. For savings in kWh of other energy carriers, Member States shall apply a coefficient in order to accurately calculate the resulting primary energy consumption savings. 5. Where Member States establish their own coefficient to a default value provided pursuant to this Directive, Member States shall establish this through a transparent methodology on the basis of national circumstances affecting primary energy consumption. The circumstances shall be substantiated, verifiable and based on objective and non-discriminatory criteria.
6. Where establishing an own coefficient, Member States shall take into account the energy mix included in the update of their integrated national energy and climate plans and subsequent integrated National Energy and Climate Plan to be notified to the Commission in accordance with Regulation (EU) 2018/1999. If they deviate from the default value Member States shall notify the coefficient that they use to the Commission along with the calculation methodology and underlying data in the update of their integrated National Energy and Climate Plans and subsequent integrated National Energy and Climate Plans in accordance with Regulation (EU) 2018/1999.
7. By 25 December 2022 and every four years thereafter, the Commission shall revise the default coefficient on the basis of observed data. That revision shall be carried out taking into account its effects on other Union law such as Directive 2009/125/EC and Regulation (EU) 2017/1369.
2012/27/EU (adapted)
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CHAPTER VIIV
FINAL PROVISIONS
Article 3013 - Penalties
Member States shall lay down the rules on penalties applicable in case of non-compliance with the national provisions adopted pursuant to Articles 7 to 11a and Article 18(3) this Directive and shall take the necessary measures to ensure that they are implemented. The penalties provided for shall be effective, proportionate and dissuasive. Member States shall notify those provisions to the Commission by [transposition date] by 5 June 2014 and shall notify it without delay of any subsequent amendment affecting them.Article 3122 - Delegated acts
1. The Commission shall be is empowered to adopt delegated acts in accordance with Article 3223 to concerning the review of the harmonised efficiency reference values referred to in the second subparagraph of Article 2414(10).2018/2002 Art. 1.13 (adapted)
2. The Commission is empowered to adopt delegated acts in accordance with Article 3223 to amend to amend or supplement of this Directive by adapting to technical progress the values, calculation methods, default primary energy coefficient s and requirements referred to in Article 29, Annexes II, III, V, VII to XI, and XIII I to V, VII to X, and XII.
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3. The Commission is empowered to adopt delegated acts in accordance with Article 32 to supplement this Directive by establishing, after having consulted the relevant stakeholders, a common Union scheme for rating the sustainability of data centres located in its territory. The scheme shall establish the definition of data centre sustainability indicators, and, pursuant to paragraph 9 of Article 10 of this Directive, define the minimum thresholds for significant energy consumption and set out the key indicators and the methodology to measure them.
2012/27/EU
Article 3223 - 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.2018/2002 Art. 1.14(a)
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2. The power to adopt delegated acts referred to in Article 3122 shall be conferred on the Commission for a period of five years from 24 December 2018 [date of publication in OJ] . 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.
2012/27/EU
3. The delegation of power referred to in Article 3122 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.
2018/2002 Art. 1.14(b)
43a. 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 122 .
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54. As soon as it adopts a delegated act, the Commission shall notify it simultaneously to the European Parliament and to the Council.
65. A delegated act adopted pursuant to Article 3122 shall enter into force only if no objection has been expressed either by the European Parliament or the Council within a period of two months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by two months at the initiative of the European Parliament or of the Council.
Article 3324 - Review and monitoring of implementation
2018/2002 Art. 1.15(a)14a. In the context of the State of the Energy Union report, the Commission shall report on the functioning of the carbon market in accordance with Article 35(1) and point (c) of Article 35(2) of Regulation (EU) 2018/1999, taking into consideration the effects of the implementation of this Directive.
2012/27/EU (adapted)
5. The Commission shall review the continued need for the possibility of exemptions set out in Article 24(5)14(6) for the first time in the assessment of the first National Energy Efficiency Action Plan and every three years thereafter. Where the review shows that any of the criteria for these exemptions can no longer be justified taking into account the availability of heat load and the real operating conditions of the exempted installations, the Commission shall propose appropriate measures.
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2. By 31 October 2025 and every four years thereafter, the Commission shall evaluate the existing measures to achieve energy efficiency increase and decarbonisation in heating and cooling. The evaluation shall take into account:
(a)Energy efficiency and greenhouse gases emissions trends in heating and cooling, including in district heating and cooling;
(b)Interlinkages between measures taken;
(c)Changes in energy efficiency and greenhouse gas emissions in the heating and cooling;
(d)Existing and planned energy efficiency policies and measures and greenhouse gas reduction policies and measures at national and EU level, and
(e)Measures Member States provided in their comprehensive assessments pursuant to Article 23(1) and notified in accordance with Article 17(b)(1) of Regulation (EU) 2018/1999.
The Commission may propose, if appropriate, by measures to ensure the achievement of the Union's climate energy targets.
2012/27/EU
36. Member States shall submit to the Commission before 30 April each year statistics on national electricity and heat production from high and low efficiency cogeneration, in accordance with the methodology shown in Annex III, in relation to total heat and electricity production. They shall also submit annual statistics on cogeneration heat and electricity capacities and fuels for cogeneration, and on district heating and cooling production and capacities, in relation to total heat and electricity production and capacities. Member States shall submit statistics on primary energy savings achieved by application of cogeneration in accordance with the methodology shown in Annex IIIII.
2012/27/EU (adapted)
7. By 30 June 2014 the Commission shall submit the assessment referred to in Article 3(2) to the European Parliament and to the Council, accompanied, if necessary, by proposals for further measures.
8. The Commission shall review the effectiveness of the implementation of Article 6 by 5 December 2015, taking into account the requirements laid down in Directive 2004/18/EC and shall submit a report to the European Parliament and the Council. That report shall be accompanied, if appropriate, by proposals for further measures.
9. By 30 June 2016, the Commission shall submit a report to the European Parliament and the Council on the implementation of Article 7. That report shall be accompanied, if appropriate, by a legislative proposal for one or more of the following purposes:
(a)to change the final date laid down in Article 67(1);
(b)to review the requirements laid down in Article 67(1), (2) and (3);
(c)to establish additional common requirements, in particular as regards the matters referred to in Article 67(7).
10. By 30 June 2018, the Commission shall assess the progress made by Member States in removing the regulatory and non-regulatory barriers referred to in Article 19(1). This assessment shall be followed, if appropriate, by proposals for further measures.
2018/2002 Art. 1.15(b) (adapted)
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12. By 31 December 2019, the Commission shall assess the effectiveness of the implementation of the definition of small and medium-sized enterprises for the purposes of Article 8(4), and shall submit a report to the European Parliament and to the Council. As soon as possible after submission of that report, the Commission shall, if appropriate, adopt legislative proposals.
413. By 1 January 2021, the Commission shall carry out an assessment of the potential for energy efficiency in conversion, transformation, transmission, transportation and storage of energy, and shall submit a report to the European Parliament and to the Council. That report shall, if appropriate, be accompanied by legislative proposals.
514. Subject to any changes to the retail market provisions of Directive 2009/73/EC, Bby 31 December 2021, the Commission, shall, unless changes to the retail market provisions of Directive 2009/73/EC on common rules for the internal market in gas have meanwhile been proposed, carry out an assessment, and submit a report to the European Parliament and to the Council, on the provisions related to metering, billing and consumer information for natural gas, with the aim of aligning them, where appropriate, with the relevant provisions for electricity in Directive (EU) 2019/9442009/72/EC, in order to strengthen consumer protection and enable final customers to receive more frequent, clear and up-to-date information about their natural gas consumption and to regulate their energy use. As soon as possible after submission of that report, the Commission shall, where if appropriate, adopt legislative proposals.
2018/2002 Art. 1.2 (adapted)
64. By 31 October 2022, the Commission shall assess whether the Union has achieved its 2020 headline targets on energy efficiency.
2018/2002 Art. 1.15(b)
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715. By 28 February 2024 2027 , and every five years thereafter, the Commission shall evaluate this Directive and submit a report to the European Parliament and to the Council.
That evaluation shall include:
(a)an examination of whether to adapt, after 2030, the requirements and the alternative approach laid down in Article 5;
(ab)an assessment of the general effectiveness of this Directive and the need to adjust further the Union's energy efficiency policy in accordance with the objectives of the 2015 Paris Agreement on climate change following the 21st Conference of the Parties to the United Nations Framework Convention on Climate Change 123 and in the light of economic and innovation developments;
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(b)the Union's 2030 headline targets on energy efficiency set out in Article 4(1) with a view to revising those that targets upwards in the event of substantial cost reductions resulting from economic or technological developments, or where needed to meet the Union's decarbonisation targets for 2040 or 2050, or its international commitments for decarbonisation;
(c)if Member States shall continue to achieve new annual savings in accordance with point (c) of the first subparagraph of Article 8 for the ten-year periods after 2030;
(d)if Member States shall continue to ensure that at least 3% of the total floor area of heated and/or cooled buildings owned by public bodies is renovated each year in accordance with paragraph 1 of Article 6 with a view to revising the renovation rate in that Article;
(e)if Member States shall continue to achieve a share of energy savings among vulnerable customers, people affected by energy poverty, and, where applicable, people living in social housing, in accordance with paragraph 3 of Article 8 for the ten-year periods after 2030;
(f)if Member States shall continue to achieve a reduction of final energy consumption in accordance with Article 5(1).
2018/2002 Art. 1.15(b)
That report shall be accompanied, where appropriate, by proposals for further measures.
2012/27/EU (adapted)
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Article 25 - Online platform
The Commission shall establish an online platform in order to foster the practical implementation of this Directive at national, regional and local levels. That platform shall support the exchange of experiences on practices, benchmarking, networking activities, as well as innovative practices.Article 3426 - 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.
Article 3528 - Transposition
1. Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive Articles […] and Annexes […] [articles and annexes which have been amended in substance by comparison with the repealed Directive] by […] 5 June 2014.Notwithstanding the first subparagraph, Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with Article 4, the first subparagraph of Article 5(1), Article 5(5), Article 5(6), the last subparagraph of Article 7(9), Article 14(6), Article 19(2), Article 24(1) and Article 24(2) and point (4) of Annex V by the dates specified therein.
They shall forthwith immediately communicate to the Commission the text of those provisions measures to the Commission .
When Member States adopt those measures provisions, they shall contain a reference to this Directive or be accompanied by such a reference on the occasion of their official publication. They shall also include a statement that references in existing laws, regulations and administrative provisions to the Directive repealed by this Directive shall be construed as references to this Directive. Member States shall determine how such reference is to be made and how that statement is to be formulated .
2. Member States shall communicate to the Commission the text of the main provisions of national law which they adopt in the field covered by this Directive.
Article 3627 - Amendments and Rrepeals
1.Directive 2012/27/EU2006/32/EC , as amended by the acts listed in Annex XV, Part A, is repealed with effect from […] [the day after the date in the first subparagraph of Article 35(1)] 5 June 2014, except for Article 4(1) to (4) thereof and Annexes I, III and IV thereto, without prejudice to the obligations of the Member States relating to the time-limit time-limits for its the transposition into national law of the Directives set out in Annex XV, Part B . Article 4(1) to (4) of, and Annexes I, III and IV to Directive 2006/32/EC shall be repealed with effect from 1 January 2017.Directive 2004/8/EC is repealed from 5 June 2014, without prejudice to the obligations of the Member States relating to the time-limit for its transposition into national law.
References to the repealed Directives 2006/32/EC and 2004/8/EC shall be construed as references to this Directive and shall be read in accordance with the correlation table set out in Annex XVIXV.
2. Article 9(1) and (2) of Directive 2010/30/EU is deleted from 5 June 2014.
3. Directive 2009/125/EC is amended as follows:
(1)the following recital is inserted:
‘(35a)Directive 2010/31/EU of the European Parliament and of the Council of 19 May 2010 on the energy performance of buildings 124 requires Member States to set energy performance requirements for building elements that form part of the building envelope and 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 existing buildings. It is consistent with the objectives of this Directive that these requirements may in certain circumstances limit the installation of energy-related products which comply with this Directive and its implementing measures, provided that such requirements do not constitute an unjustifiable market barrier.’
(2) the following sentence is added to the end of Article 6(1):
‘This shall be without prejudice to the energy performance requirements and system requirements set by Member States in accordance with Article 4(1) and Article 8 of Directive 2010/31/EU.’.
Article 3729 - Entry into force
This Directive shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.Articles […] and Annexes […] [articles and annexes which are unchanged by comparison with the repealed Directive] shall apply from […] [the day after the date in the first subparagraph of Article 35(1)].
Article 3830 - Addressees
This Directive is addressed to the Member States.