Legal provisions of COM(2021)802 - Energy performance of buildings (recast) - Main contents
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This page contains a limited version of this dossier in the EU Monitor.
| dossier | COM(2021)802 - Energy performance of buildings (recast). |
|---|---|
| document | COM(2021)802  |
| date | April 24, 2024 |
Article 1 - Subject matter
2. This Directive lays down requirements as regards:
(a)the common general framework for a methodology for calculating the integrated energy performance of buildings and building units;
(b)the application of minimum requirements to the energy performance of new buildings and new building units;
(c)the application of minimum requirements to the energy performance of:
(i)existing buildings, and building units and building elements that are subject to major renovation;
(ii)building elements that form part of the building envelope and that have a significant impact on the energy performance of the building envelope when they are retrofitted or replaced; and
(iii)technical building systems whenever they are installed, replaced or upgraded;
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(d)the application of minimum energy performance standards to existing buildings and existing building units;
(e)renovation passports;
(f)national building renovation plans;
(g)sustainable mobility infrastructure in and adjacent to buildings; and
(h)smart buildings;
2010/31/EU (adapted)
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(d)national plans for increasing the number of nearly zero-energy buildings;
(ie)energy performance certification of buildings or building units;
(jf)regular inspection of heating , ventilation and air-conditioning systems in buildings; and
(kg)independent control systems for energy performance certificates , renovation passports, smart readiness indicators and inspection reports.
3. The requirements laid down in this Directive are minimum requirements and shall not prevent any Member State from maintaining or introducing more stringent measures. Such measures shall be compatible with the TFEU Treaty on the Functioning of the European Union. They shall be notified to the Commission.
Article 2 - Definitions
1. ‘building’ means a roofed construction having walls, for which energy is used to condition the indoor climate;
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2. ‘zero-emission building’ means a building with a very high energy performance, as determined in accordance with Annex I, where the very low amount of energy still required is fully covered by energy from renewable sources generated on-site, from a renewable energy community within the meaning of Directive (EU) 2018/2001 [amended RED] or from a district heating and cooling system, in accordance with the requirements set out in Annex III;
2010/31/EU (adapted)
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32. ‘nearly zero-energy building’ means a building with that has a very high energy performance, as determined in accordance with Annex I , which cannot be lower than the 2023 cost-optimal level reported by Member States in accordance with Article 6(2) and where .tThe nearly zero or very low amount of energy required should be is covered to a very significant extent by energy from renewable sources, including energy from renewable sources produced on-site or nearby;
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4. ‘minimum energy performance standards’ means rules that require existing buildings to meet an energy performance requirement as part of a wide renovation plan for a building stock or at a trigger point on the market (sale or rent), in a period of time or by a specific date, thereby triggering renovation of existing buildings;
5. ‘public bodies’ means ‘contracting authorities’ as defined in Article 2(1) of Directive 2014/24/EU of the European Parliament and of the Council 53 ;
2018/844 Art. 1.1(a)
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63. ‘technical building system’ means technical equipment for space heating, space cooling, ventilation, domestic hot water, built-in lighting, building automation and control, on-site renewable energy electricity generation and storage , or a combination thereof, including those systems using energy from renewable sources, of a building or building unit;
2018/844 Art. 1.1(b)
73a.‘building automation and control system’ means a system comprising all products, software and engineering services that can support energy efficient, economical and safe operation of technical building systems through automatic controls and by facilitating the manual management of those technical building systems;
2010/31/EU (adapted)
84. ‘energy performance of a building’ means the calculated or metered measured amount of energy needed to meet the energy demand associated with a typical use of the building, which includes, inter alia, energy used for heating, cooling, ventilation, hot water and lighting;
95. ‘primary energy’ means energy from renewable and non-renewable sources which has not undergone any conversion or transformation process;
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10. ‘non-renewable primary energy factor’ means non-renewable primary energy for a given energy carrier, including the delivered energy and the calculated energy overheads of delivery to the points of use, divided by the delivered energy;
11. ‘renewable primary energy factor’ means renewable primary energy from an on-site, nearby or distant energy source that is delivered via a given energy carrier, including the delivered energy and the calculated energy overheads of delivery to the points of use, divided by the delivered energy;
12. ‘total primary energy factor’ means the weighted sum of renewable and non-renewable primary energy factors for a given energy carrier;
2010/31/EU (adapted)
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136. ‘energy from renewable sources’ means energy from renewable non-fossil sources, namely wind, solar (solar thermal and solar photovoltaic) , aerothermal, and geothermal energy , hydrothermal ambient energy, tide, wave and other ocean energy, hydropower, biomass, landfill gas, sewage treatment plant gas, and biogases;
147. ‘building envelope’ means the integrated elements of a building which separate its interior from the outdoor environment;
158. ‘building unit’ means a section, floor or apartment within a building which is designed or altered to be used separately;
169. ‘building element’ means a technical building system or an element of the building envelope;
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17. ‘dwelling’ means a room or suite of rooms in a permanent building or a structurally separated part of a building which is designed for habitation by one private household all year round;
18. ‘renovation passport’ means a document that provides a tailored roadmap for the renovation of a specific building in several steps that will significantly improve its energy performance;
19. ‘deep renovation’ means a renovation which transforms a building or building unit
(a)before 1 January 2030, into a nearly zero-energy building;
(b)as of 1 January 2030, into a zero-emission building;
20. ‘staged deep renovation’ means a deep renovation carried out in several steps, following the steps set out in a renovation passport in accordance with Article 10;
2010/31/EU (adapted)
2110.‘major renovation’ means the renovation of a building where:
(a)the total cost of the renovation relating to the building envelope or the technical building systems is higher than 25 % of the value of the building, excluding the value of the land upon which the building is situated; or
(b)more than 25 % of the surface of the building envelope undergoes renovation;
Member States may choose to apply option (a) or (b).
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22. “operational greenhouse gas emissions” means greenhouse gas emissions associated with energy consumption of the technical building systems during use and operation of the building;
23. ‘whole life-cycle greenhouse gas emissions’ means the combined greenhouse gas emissions associated with the building at all stages of its life-cycle, from the ‘cradle’ (the extraction of the raw materials that are used in the construction of the building) over the material production and processing, and the building’s operation stage, to the ‘grave’ (the deconstruction of the building and reuse, recycling, other recovery and disposal of its materials);
24. ‘Life-cycle Global Warming Potential (GWP)’ means an indicator which quantifies the global warming potential contributions of a building along its full life-cycle;
25. ’split incentives’ means split incentives as defined in Article 2(52) of [recast EED];
26. ‘energy poverty’ means energy poverty as defined in Article 2(49) of [recast EED];
27. ‘vulnerable households’ means households in energy poverty or households, including lower middle-income ones, that are particularly exposed to high energy costs and lack the means to renovate the building they occupy;
2010/31/EU (adapted)
2811.‘European standard’ means a standard adopted by the European Committee for Standardisation, the European Committee for Electrotechnical Standardisation or the European Telecommunications Standards Institute and made available for public use;
2912.‘energy performance certificate’ means a certificate recognised by a Member State or by a legal person designated by it, which indicates the energy performance of a building or building unit, calculated according to a methodology adopted in accordance with Article 43;
3013.‘cogeneration’ means simultaneous generation in one process of thermal energy and electrical and/or mechanical energy;
3114.‘cost-optimal level’ means the energy performance level which leads to the lowest cost during the estimated economic lifecycle, where:
(a)the lowest cost is determined taking into account:
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i) the category and use of building concerned:
2010/31/EU
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ii) energy-related investment costs based on official forecasts ;,
iii) maintenance and operating costs, (including energy costs and savings, taking into account the cost of greenhouse gas allowances;
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iv) environmental and health externalities of energy use;
2010/31/EU (adapted)
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v) the category of building concerned, earnings from energy produced) on-site , where applicable;,
vi) and disposal waste management costs, where applicable; and
(b)the estimated economic lifecycle is determined by each Member State. It and refers to the remaining estimated economic lifecycle of a building where energy performance requirements are set for the building as a whole, or to the estimated economic lifecycle of a building element where energy performance requirements are set for building elements.
The cost-optimal level shall lie within the range of performance levels where the cost benefit analysis calculated over the estimated economic lifecycle is positive;
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32. ‘recharging point’ means a recharging point as defined in Article 2(41) of [AFIR];
33. ‘micro isolated system’ means any system with consumption less than 500 GWh in the year 2022, where there is no connection with other systems;
34. ‘smart charging’ means smart charging as defined in Article 2(14l) of Directive (EU) 2018/2001 [amended RED];
35. ‘bidirectional charging’ means bidirectional charging as defined in Article 2(14n) of Directive (EU) 2018/2001 [amended RED];
36. 'mortgage portfolio standards’ means mechanisms incentivising mortgage lenders to increase the median energy performance of the portfolio of buildings covered by their mortgages and to encourage potential clients to make their property more energy-performant along the Union’s decarbonisation ambition and relevant energy targets in the area of energy consumption in buildings, relying on the definition of sustainable economic activities in the EU Taxonomy;
37. ‘digital building logbook’ means a common repository for all relevant building data, including data related to energy performance such as energy performance certificates, renovation passports and smart readiness indicators, which facilitates informed decision making and information sharing within the construction sector, among building owners and occupants, financial institutions and public authorities;
2010/31/EU
3815.‘air-conditioning system’ means a combination of the components required to provide a form of indoor air treatment, by which temperature is controlled or can be lowered;
2018/844 Art. 1.1(c)
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3915a.‘heating system’ means a combination of the components required to provide a form of indoor air treatment, by which the temperature is increased;
4015b.‘heat generator’ means the part of a heating system that generates useful heat for uses identified in Annex I, using one or more of the following processes:
(a)the combustion of fuels in, for example, a boiler;
(b)the Joule effect, taking place in the heating elements of an electric resistance heating system;
(c)capturing heat from ambient air, ventilation exhaust air, or a water or ground heat source using a heat pump;
4115c.‘energy performance contracting’ means energy performance contracting as defined in point (27) of Article 2, point (29), of Directive (EU) …/… [recast Energy Efficiency Directive]Directive 2012/27/EU of the European Parliament and of the Council 54 ;
2010/31/EU
4216.‘boiler’ means the combined boiler body-burner unit, designed to transmit to fluids the heat released from burning;
4317.‘effective rated output’ means the maximum calorific output, expressed in kW, specified and guaranteed by the manufacturer as being deliverable during continuous operation while complying with the useful efficiency indicated by the manufacturer;
18. ‘heat pump’ means a machine, a device or installation that transfers heat from natural surroundings such as air, water or ground to buildings or industrial applications by reversing the natural flow of heat such that it flows from a lower to a higher temperature. For reversible heat pumps, it may also move heat from the building to the natural surroundings;
4419.‘district heating’ or ‘district cooling’ means the distribution of thermal energy in the form of steam, hot water or chilled liquids, from a central source of production through a network to multiple buildings or sites, for the use of space or process heating or cooling;
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45. ‘useful floor area’ means the area of the floor of a building needed as parameter to quantify specific conditions of use that are expressed per unit of floor area and for the application of the simplifications and the zoning and (re-)allocation rules;
46. ‘reference floor area’ means the floor area used as reference size for the assessment of the energy performance of a building, calculated as the sum of the useful floor areas of the spaces within the building envelope specified for the energy performance assessment;
47. ‘assessment boundary’ means the boundary where the delivered and exported energy are measured or calculated;
48. ‘on-site’ means the premises and the land on which the building is located and the building itself;
49. ‘energy from renewable sources produced nearby’ means energy from renewable sources produced within a local or district level perimeter of the building assessed, which fulfils all the following conditions:
(a)it can only be distributed and used within that local and district level perimeter through a dedicated distribution network;
(b)it allows for the calculation of a specific primary energy factor valid only for the energy from renewable sources produced within that local or district level perimeter; and
(c) it can be used on-site of the building assessed through a dedicated connection to the energy production source, that dedicated connection requiring specific equipment for the safe supply and metering of energy for self-use of the building assessed;
50. ‘energy performance of buildings (EPB) services’ means the services, such as heating, cooling, ventilation, domestic hot water and lighting and others for which the energy use is taken into account in the energy performance of buildings;
51. ‘energy needs’ means the energy to be delivered to, or extracted from, a conditioned space to maintain the intended space conditions during a given period of time disregarding any technical building system inefficiencies;
52. ‘energy use’ means energy input to a technical building system providing a EPB-service intended to satisfy an energy need;
53. ‘self-used’ means part of on-site or nearby produced renewable energy used by on-site technical systems for EPB services;
54. ‘other on-site uses’ means energy used on-site for uses other than EPB services, and may include appliances, miscellaneous and ancillary loads or electro-mobility charging points;
55. ‘calculation interval’ means the discrete time interval used for the calculation of the energy performance;
56. ‘delivered energy’ means energy, expressed per energy carrier, supplied to the technical building systems through the assessment boundary, to satisfy the uses taken into account or to produce the exported energy;
57. ‘exported energy’ means, expressed per energy carrier and per primary energy factor, the proportion of the renewable energy that is exported to the energy grid instead of being used on site for self-use or for other on-site uses.
2018/844 Art. 1.1(d)
20. ‘micro isolated system’ means micro isolated system as defined in point 27 of Article 2 of Directive 2009/72/EC of the European Parliament and of the Council 55 .
2018/844 Art. 1.2 (adapted)
Article 32 - a National building renovation plan Long-term renovation strategy
2018/1999 Art. 53.1(a)new
1. Each Member State shall establish a long-term renovation strategy national building renovation plan to support ensure the renovation of the national stock of residential and non-residential buildings, both public and private, into a highly energy efficient and decarbonised building stock by 2050, facilitating the cost-effective transformation of with the objective to transform existing buildings into nearly zero-energy zero-emission buildings.
Each long-term renovation strategy building renovation plan shall encompass:
2018/844 Art. 1.2
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(a)an overview of the national building stock for different building types, construction periods and climatic zones , based, as appropriate, on statistical sampling and expected share of renovated buildings in 2020 the national database for energy performance certificates pursuant to Article 19, an overview of market barriers and market failures and an overview of the capacities in the construction, energy efficiency and renewable energy sectors ;
(b)the identification of cost-effective approaches to renovation relevant to the building type and climatic zone, considering potential relevant trigger points, where applicable, in the life-cycle of the building;
(c)policies and actions to stimulate cost-effective deep renovation of buildings, including staged deep renovation, and to support targeted cost-effective measures and renovation for example by introducing an optional scheme for building renovation passports;
(d)an overview of policies and actions to target the worst performing segments of the national building stock, split-incentive dilemmas and market failures, and an outline of relevant national actions that contribute to the alleviation of energy poverty;
(e)policies and actions to target all public buildings;
(f)an overview of national initiatives to promote smart technologies and well-connected buildings and communities, as well as skills and education in the construction and energy efficiency sectors; and
(g)an evidence-based estimate of expected energy savings and wider benefits, such as those related to health, safety and air quality.
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(b)a roadmap with nationally established targets and measurable progress indicators, with a view to the 2050 climate neutrality goal, in order to ensure a highly energy efficient and decarbonised national building stock and the transformation of existing buildings into zero-emission buildings by 2050;
(c)an overview of implemented and planned policies and measures, supporting the implementation of the roadmap pursuant to point (b); and
(d)an outline of the investment needs for the implementation of the building renovation plan, the financing sources and measures, and the administrative resources for building renovation.
The roadmap referred to in point (b) shall include national targets for 2030, 2040 and 2050 as regards the annual energy renovation rate, the primary and final energy consumption of the national building stock and its operational greenhouse gas emission reductions; specific timelines for buildings to achieve higher energy performance classes than those pursuant to Article 9(1), by 2040 and 2050, in line with the pathway for transforming the national building stock into zero-emission buildings; an evidence-based estimate of expected energy savings and wider benefits; and estimations for the contribution of the building renovation plan to achieving the Member State's binding national target for greenhouse gas emissions pursuant to Regulation (EU) .../… [revised Effort Sharing Regulation], the Union’s energy efficiency targets in accordance with Directive (EU) …/…. [recast EED], the Union’s renewable energy targets, including the indicative target for the share of energy from renewable sources in the building sector in accordance with Directive (EU) 2018/2001 [amended RED], and the Union’s 2030 climate target and 2050 climate neutrality goal in accordance with Regulation (EU) 2021/1119.
2. Every five years, each Member State shall prepare and submit to the Commission a draft of its building renovation plan, using the template in Annex II. Each Member State shall submit its draft building renovation plan as part of its draft integrated national energy and climate plan referred to in Article 9 of Regulation (EU) 2018/1999 and, where the Member States submits a draft update, its draft update referred to in Article 14 of that Regulation. By way of derogation from Article 9(1) and Article 14(1) of that Regulation, Member States shall submit the first draft building renovation plan to the Commission by 30 June 2024.
2018/844 Art. 1.2
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2. In its long-term renovation strategy, each Member State shall set out a roadmap with measures and domestically established measurable progress indicators, with a view to the long-term 2050 goal of reducing greenhouse gas emissions in the Union by 80-95 % compared to 1990, in order to ensure a highly energy efficient and decarbonised national building stock and in order to facilitate the cost-effective transformation of existing buildings into nearly zero-energy buildings. The roadmap shall include indicative milestones for 2030, 2040 and 2050, and specify how they contribute to achieving the Union’s energy efficiency targets in accordance with Directive 2012/27/EU.
3. To support the mobilisation of investments into the renovation needed to achieve the goals referred to in paragraph 1, Member States shall facilitate access to appropriate mechanisms for:
(a)the aggregation of projects, including by investment platforms or groups, and by consortia of small and medium-sized enterprises, to enable investor access as well as packaged solutions for potential clients;
(b)the reduction of the perceived risk of energy efficiency operations for investors and the private sector;
(c)the use of public funding to leverage additional private-sector investment or address specific market failures;
(d)guiding investments into an energy efficient public building stock, in line with Eurostat guidance; and
(e)accessible and transparent advisory tools, such as one-stop-shops for consumers and energy advisory services, on relevant energy efficiency renovations and financing instruments.
4. The Commission shall collect and disseminate, at least to public authorities, best practices on successful public and private financing schemes for energy efficiency renovation as well as information on schemes for the aggregation of small-scale energy efficiency renovation projects. The Commission shall identify and disseminate best practices on financial incentives to renovate from a consumer perspective taking into account cost-efficiency differences between Member States.
35. To support the development of its long-term renovation strategy building renovation plan , each Member State shall carry out a public consultation on its draft building renovation plan long-term renovation strategy prior to submitting it to the Commission. The public consultation shall involve in particular local and regional authorities and other socio-economic partners, including civil society and bodies working with vulnerable households. Each Member State shall annex a summary of the results of its public consultation to its long-term renovation strategy draft building renovation plan .
Each Member State shall establish the modalities for consultation in an inclusive way during the implementation of its long-term renovation strategy.
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4. The Commission shall assess the national draft building renovation plans, in particular whether:
(a)the level of ambition of the nationally established targets is sufficient and in line with the national commitments on climate and energy laid down in the national integrated energy and climate plans;
(b)the policies and measures are sufficient to achieve the nationally established targets;
(c)the allocation of budgetary and administrative resources is sufficient for the implementation of the plan;
(d)the public consultation pursuant to paragraph 3 has been sufficiently inclusive; and
(e)the plans comply with the requirements of paragraph 1 and the template in Annex II.
After consulting the Committee established by Article 30, the Commission may issue country-specific recommendations to Member States in accordance with Article 9(2) and Article 34 of Regulation (EU) 2018/1999.
With regard to the first draft building renovation plan, the Commission may issue country-specific recommendations to Member States no later than six months after the Member State has submitted that plan.
5. Each Member State shall take due account of any recommendations from the Commission in its final building renovation plan. If the Member State concerned does not address a recommendation or a substantial part thereof, it shall provide a justification to the Commission and make public its reasons.
6. Every five years, each Member State shall submit its building renovation plan to the Commission, using the template in Annex II. Each Member State shall submit its building renovation plan as part of its integrated national energy and climate plan referred to in Article 3 of Regulation (EU) 2018/1999 and, where the Member States submits an update, its update referred to in Article 14 of that Regulation. By way of derogation from Article 3(1) and Article 14(2) of that Regulation, Member States shall submit the first building renovation plan to the Commission by 30 June 2025.
2018/844 Art. 1.2
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76. Each Member State shall annex the details of the implementation of its most recent long-term renovation strategy or building renovation plan to its next final building renovation plan long-term renovation strategy, including on the planned policies and actions. Each Member State shall state whether its national targets have been achieved.
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8. Each Member State shall include in its integrated national energy and climate progress reports, in accordance with Articles 17 and 21 of Regulation (EU) 2018/1999, information on the implementation of the national targets referred to in paragraph 1, point (b) of this Article and the contribution of the building renovation plan to achieving the Member State's binding national target for greenhouse gas emissions pursuant to Regulation (EU) .../… [revised Effort Sharing Regulation], the Union’s energy efficiency targets in accordance with Directive (EU)…/… [recast EED], the Union’s renewable energy targets, including the indicative target for the share of energy from renewable sources in the building sector in accordance with Directive (EU) 2018/2001 [amended RED], and the Union’s 2030 climate target and 2050 climate neutrality goal in accordance with Regulation (EU) 2021/1119.
2018/844 Art. 1.2
7. Each Member State may use its long-term renovation strategy to address fire safety and risks related to intense seismic activity affecting energy efficiency renovations and the lifetime of buildings.
2018/1999 Art. 53.1(b)
8. Each Member State's long-term renovation strategy shall be submitted to the Commission as part of its final integrated national energy and climate plan referred to in Article 3 of Regulation (EU) 2018/1999 of the European Parliament and of the Council 56 . As a derogation from Article 3(1) of that Regulation, the first long-term renovation strategy under paragraph 1 of this Article shall be submitted to the Commission by 10 March 2020.
2010/31/EU (adapted)
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Article 43 - Adoption of a methodology for calculating the energy performance of buildings
Member States shall apply a methodology for calculating the energy performance of buildings in accordance with the common general framework set out in Annex I.This That methodology shall be adopted at national or regional level.
Article 54 - Setting of minimum energy performance requirements
1. Member States shall take the necessary measures to ensure that minimum energy performance requirements for buildings or building units are set with a view to at least achieving cost-optimal levels. The energy performance shall be calculated in accordance with the methodology referred to in Article 43. Cost-optimal levels shall be calculated in accordance with the comparative methodology framework referred to in Article 65 once the framework is in place.Member States shall take the necessary measures to ensure that minimum energy performance requirements are set for building elements that form part of the building envelope and that have a significant impact on the energy performance of the building envelope when they are replaced or retrofitted, with a view to achieving at least cost-optimal levels.
When setting requirements, Member States may differentiate between new and existing buildings and between different categories of buildings.
These Those requirements shall take account of general indoor climate conditions, in order to avoid possible negative effects such as inadequate ventilation, as well as local conditions and the designated function and the age of the building.
A Member State shall not be required to set minimum energy performance requirements which are not cost-effective over the estimated economic lifecycle.
Member States shall review their mMinimum energy performance requirements shall be reviewed at regular intervals which shall not be longer than five years and shall , if necessary, shall be updated update them in order to reflect technical progress in the building sector , the results of the cost-optimal calculation set out in Article 6, and updated national energy and climate targets and policies .
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2. Member States may decide to adapt the requirements referred to in paragraph 1 to buildings officially protected as part of a designated environment or because of their special architectural or historical merit, in so far as compliance with certain minimum energy performance requirements would unacceptably alter their character or appearance.
2010/31/EU (adapted)
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32. Member States may decide not to set or apply the requirements referred to in paragraph 1 to the following categories of buildings:
(a)buildings officially protected as part of a designated environment or because of their special architectural or historical merit, in so far as compliance with certain minimum energy performance requirements would unacceptably alter their character or appearance;
(ab)buildings used as places of worship and for religious activities;
(bc)temporary buildings with a time of use of two years or less, industrial sites, workshops and non-residential agricultural buildings with low energy demand and non-residential agricultural buildings which are in use by a sector covered by a national sectoral agreement on energy performance;
(cd)residential buildings which are used or intended to be used for either less than four months of the year or, alternatively, for a limited annual time of use and with an expected energy consumption of less than 25 % of what would be the result of all-year use;
(de)stand-alone buildings with a total useful floor area of less than 50 m2.
Article 65 - Calculation of cost-optimal levels of minimum energy performance requirements
1. The Commission shall is empowered to establish by means of adopt delegated acts in accordance with Articles 2923, 24 and 25 by 30 June 2011 concerning a comparative methodology framework for calculating cost-optimal levels of minimum energy performance requirements for buildings and building elements. By 30 June 2026, the Commission shall revise the comparative methodology framework for calculating cost-optimal levels of minimum energy performance requirements in existing buildings undergoing major renovation and for individual building elements.The comparative methodology framework shall be established laid down in accordance with Annex VIIIII and shall differentiate between new and existing buildings and between different categories of buildings.
2. Member States shall calculate cost-optimal levels of minimum energy performance requirements using the comparative methodology framework established in accordance with paragraph 1 and relevant parameters, such as climatic conditions and the practical accessibility of energy infrastructure, and compare the results of this that calculation with the minimum energy performance requirements in force.
Member States shall report to the Commission all input data and assumptions used for those calculations and the results of those calculations. Member States shall update and submit those reports to the Commission at regular intervals, which shall not be longer than five years. The first report shall be submitted by 30 June 2012. The first report based on the revised methodology framework pursuant to paragraph 1 shall be submitted by 30 June 2028.
3. If the result of the comparison performed in accordance with paragraph 2 shows that the minimum energy performance requirements in force are more than 15% significantly less energy efficient than cost-optimal levels of minimum energy performance requirements, the Member State concerned shall include in the report justify this difference in writing to the Commission in the report referred to in paragraph 2, accompanied, to the extent that the gap cannot be justified, by a plan outlining appropriate steps to significantly reduce the gap by the next review of the energy performance requirements as referred to in Article 54(1).
4. The Commission shall publish a report on the progress of the Member States in reaching cost-optimal levels of minimum energy performance requirements.
2018/844 Art. 1.3
Article 76 - New buildings new
1. Member States shall ensure that from the following dates, new buildings are zero-emission buildings in accordance with Annex III:(a)as of 1 January 2027, new buildings occupied or owned by public authorities; and
(b)as of 1 January 2030, all new buildings;
2018/844 Art. 1.3 (adapted)
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1. Until the application of the requirements under the first subparagraph, Member States shall take the necessary measures to ensure that all new buildings are at least nearly zero-energy buildings and meet the minimum energy performance requirements laid down in accordance with Article 55.
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2. Member States shall ensure that the life-cycle Global Warming Potential (GWP) is calculated in accordance with Annex III and disclosed through the energy performance certificate of the building:
(a)as of 1 January 2027, for all new buildings with a useful floor area larger than 2000 square meters; and
(b)as of 1 January 2030, for all new buildings.
3. The Commission is empowered to adopt delegated acts in accordance with Article 29 to supplement this Directive in order to adapt Annex III to technological progress and innovation, to set adapted maximum energy performance thresholds in Annex III to renovated buildings and to adapt the maximum energy performance thresholds for zero-emission buildings.
4. Member States shall address, in relation to new buildings, the issues of healthy indoor climate conditions, adaptation to climate change, fire safety, risks related to intense seismic activity and accessibility for persons with disabilities. Member States shall also address carbon removals associated to carbon storage in or on buildings.
2018/844 Art. 1.3
2. Member States shall ensure that, before construction of new buildings starts, the technical, environmental and economic feasibility of high-efficiency alternative systems, if available, is taken into account.
2010/31/EU (adapted)
Article 87 - Existing buildings
1. Member States shall take the necessary measures to ensure that when buildings undergo major renovation, the energy performance of the building or the renovated part thereof is upgraded in order to meet minimum energy performance requirements set in accordance with Article 54 in so far as this that is technically, functionally and economically feasible.Those requirements shall be applied to the renovated building or building unit as a whole. Additionally or alternatively, requirements may be applied to the renovated building elements.
2. Member States shall in addition take the necessary measures to ensure that when a building element that forms part of the building envelope and has a significant impact on the energy performance of the building envelope, is retrofitted or replaced, the energy performance of the building element meets minimum energy performance requirements in so far as this that is technically, functionally and economically feasible.
Member States shall determine these minimum energy performance requirements in accordance with Article 4.
2018/844 Art. 1.4 (adapted)
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3. Member States shall encourage, in relation to buildings undergoing major renovation, high-efficiency alternative systems, in so far as this that is technically, functionally and economically feasible. Member States , and shall address , in relation to buildings undergoing major renovation, the issues of healthy indoor climate conditions, adaptation to climate change, fire safety, and risks related to intense seismic activity , the removal of hazardous substances including asbestos and accessibility for persons with disabilities .
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Article 9 - Minimum energy performance standards
1. Member States shall ensure that(a)buildings and building units owned by public bodies achieve at the latest
(i)after 1 January 2027, at least energy performance class F; and
(ii)after 1 January 2030, at least energy performance class E;
(b)non-residential buildings and building units, other than those owned by public bodies, achieve at the latest
(i)after 1 January 2027, at least energy performance class F; and
(ii)after 1 January 2030, at least energy performance class E;
(c)residential buildings and building units achieve at the latest
(i)after 1 January 2030, at least energy performance class F; and
(ii)after 1 January 2033, at least energy performance class E;
In their roadmap referred to in Article 3(1)(b), Member States shall establish specific timelines for the buildings referred to in this paragraph to achieve higher energy performance classes by 2040 and 2050, in line with the pathway for transforming the national building stock into zero-emission buildings.
2. In addition to the minimum energy performance standards established pursuant to paragraph 1, each Member State may establish minimum energy performance standards for the renovation of all other existing buildings.
Where established, the minimum energy performance standards shall be designed with a view to the national roadmap and the 2030, 2040 and 2050 targets contained in the Member State’s building renovation plan and to the transformation of the national building stock into zero-emission buildings by 2050.
3. In accordance with Article 15, Member States shall support compliance with minimum energy performance standards by all the following measures:
(a)providing appropriate financial measures, in particular those targeting vulnerable households, people affected by energy poverty or living in social housing, in line with Article 22 of Directive (EU) .../…. [recast EED];
(b)providing technical assistance, including through one-stop-shops;
(c)designing integrated financing schemes;
(d)removing non-economic barriers, including split incentives; and
(e)monitoring social impacts, in particular on the most vulnerable.
4. Where a building is renovated in order to comply with a minimum energy performance standard, Member States shall ensure compliance with the minimum energy performance requirements for building elements pursuant to Article 5 and, in case of major renovation, with the minimum energy performance requirements for existing buildings pursuant to Article 8.
5. Member States may decide not to apply the minimum energy performance standards referred to in paragraphs 1 and 2 to the following categories of buildings:
(a)buildings officially protected as part of a designated environment or because of their special architectural or historical merit, in so far as compliance with the standards would unacceptably alter their character or appearance;
(b)buildings used as places of worship and for religious activities;
(c)temporary buildings with a time of use of two years or less, industrial sites, workshops and non-residential agricultural buildings with low energy demand and non-residential agricultural buildings which are used by a sector covered by a national sectoral agreement on energy performance;
(d)residential buildings which are used or intended to be used for either less than four months of the year or, alternatively, for a limited annual time of use and with an expected energy consumption of less than 25 % of what would be the result of all-year use;
(e)stand-alone buildings with a total useful floor area of less than 50 m2.
6. Member States shall take the measures necessary to ensure the implementation of minimum energy performance standards referred to in paragraphs 1 and 2, including appropriate monitoring mechanisms and penalties in accordance with Article 31.
Article 10 - Renovation passport
1. By 31 December 2023, the Commission shall adopt delegated acts in accordance with Article 29 supplementing this Directive by establishing a common European framework for renovation passports, based on the criteria set out in paragraph 2.2. By 31 December 2024, Member States shall introduce a scheme of renovation passports based on the common framework established in accordance with paragraph 1.
3. The renovation passport shall comply with the following requirements:
(a)it shall be issued by a qualified and certified expert, following an on-site visit;
(b)it shall comprise a renovation roadmap indicating a sequence of renovation steps building upon each other, with the objective to transform the building into a zero-emission building by 2050 at the latest;
(c)it shall indicate the expected benefits in terms of energy savings, savings on energy bills and operational greenhouse emission reductions as well as wider benefits related to health and comfort and the improved adaptive capacity of the building to climate change; and
(d)it shall contain information about potential financial and technical support.
2018/844 Art. 1.5 (adapted)
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Article 118 - Technical building systems, electromobility and smart readiness indicator
1. Member States shall, for the purpose of optimising the energy use of technical building systems, set system requirements in respect of the overall energy performance, the proper installation, and the appropriate dimensioning, adjustment and control of the technical building systems which are installed in new or existing buildings. Member States may also apply these system requirements to new buildings. When setting up the requirements, Member States shall take account of design conditions and typical or average operating conditions.System requirements shall be set for new, replacement and upgrading of technical building systems and shall be applied in so far as they are technically, economically and functionally feasible.
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Member States may set requirements related to the greenhouse gas emissions of, or to the type of fuel used by heat generators provided that such requirements do not constitute an unjustifiable market barrier.
Member States shall ensure that the requirements they set for technical building systems reach at least the latest cost-optimal levels.
2018/844 Art. 1.5
2. Member States shall require new buildings, where technically and economically feasible, to be equipped with self-regulating devices for the separate regulation of the temperature in each room or, where justified, in a designated heated zone of the building unit. In existing buildings, the installation of such self-regulating devices shall be required when heat generators are replaced, where technically and economically feasible.
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3. Member States shall require zero-emission buildings to be equipped with measuring and control devices for the monitoring and regulation of indoor air quality. In existing buildings, the installation of such devices shall be required, where technically and economically feasible, when a building undergoes a major renovation.
4. Member States shall ensure that, when a technical building system is installed, the overall energy performance of the altered part, and where relevant, of the complete altered system, is assessed. The results shall be documented and passed on to the building owner, so that they remain available and can be used for the verification of compliance with the minimum requirements laid down pursuant to paragraph 1 and the issue of energy performance certificates.
2018/844 Art. 1.5 (adapted)
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Article 12 - Infrastructure for sustainable mobility
12. With regard to new non-residential buildings and non-residential buildings undergoing major renovation, with more than ten five parking spaces, Member States shall ensure:(a)the installation of at least one recharging point within the meaning of Directive 2014/94/EU of the European Parliament and of the Council 57 ;
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(b)the installation of pre-cabling for every parking space to enable the installation at a later stage of recharging points for electric vehicles; and
(c)at least one bicycle parking space for every car parking space;
2018/844 Art. 1.5 (adapted)
and ducting infrastructure, namely conduits for electric cables, for at least one in every five parking spaces to enable the installation at a later stage of recharging points for electric vehicles where (a) the car park is located inside the building, and, for major renovations, renovation measures include the car park or the electrical infrastructure of the building,; or (b) the car park is physically adjacent to the building, and, for major renovations, renovation measures include the car park or the electrical infrastructure of the car park.
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Member States shall ensure that the pre-cabling is dimensioned so as to enable the simultaneous use of the expected number of recharging points.
By way of derogation from the first subparagraph, point (a), for new office buildings and office buildings undergoing major renovation, with more than five parking spaces, Member States shall ensure the installation of at least one recharging point for every two parking spaces.
2018/844 Art. 1.5 (adapted)
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The Commission shall report to the European Parliament and the Council by 1 January 2023 on the potential contribution of a Union building policy to the promotion of electromobility and shall, if appropriate, propose measures in that regard.
23. With regard to Member States shall lay down requirements for the installation of a minimum number of recharging points for all non-residential buildings with more than twenty parking spaces, by 1 January 2025 Member States shall ensure the installation of at least one recharging point for every ten parking spaces, and at least one bicycle parking space for every car parking space, by 1 January 2027. In case of buildings owned or occupied by public authorities, Member States shall ensure pre-cabling for at least one in two parking spaces by 1 January 2033.
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3. Member States may adjust requirements for the number of bicycle parking spaces in accordance with paragraphs 1 and 2 for specific categories of non-residential buildings where bicycles are typically less used as a means of transport.
2018/844 Art. 1.5
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4. Member States may decide not to lay down or apply the requirements referred to in paragraphs 2 and 3 to buildings owned and occupied by small and medium-sized enterprises as defined in Title I of the Annex to Commission Recommendation 2003/361/EC 58 .
45. With regard to new residential buildings and residential buildings undergoing major renovation, with more than ten three parking spaces, Member States shall ensure:
(a)the installation of ducting infrastructure, namely conduits for electric cables, pre-cabling for every parking space to enable the installation, at a later stage, of recharging points for electric vehicles;, and
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(b)at least two bicycle parking spaces for every dwelling.
2018/844 Art. 1.5 (adapted)
where: (a) the car park is located inside the building, and, for major renovations, renovation measures include the car park or the electric infrastructure of the building,; or (b) the car park is physically adjacent to the building, and, for major renovations, renovation measures include the car park or the electrical infrastructure of the car park.
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Member States shall ensure that the pre-cabling is dimensioned to enable the simultaneous use of recharging points on all parking spaces. Where, in the case of major renovation, ensuring two bicycle parking spaces for every dwelling is not feasible, Member States shall ensure as many bicycle parking spaces as appropriate.
2018/844 Art. 1.5
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56. Member States may decide not to apply paragraphs 12, 23 and 45 to specific categories of buildings where: (a) with regard to with regard to paragraphs 2 and 5, building permit applications or equivalent applications have been submitted by 10 March 2021;(b) the pre-cabling ducting infrastructure required would rely on micro isolated systems or the buildings are situated in the outermost regions within the meaning of Article 349 TFEU, if this would lead to substantial problems for the operation of the local energy system and would endanger the stability of the local grid.
(c)the cost of the recharging and ducting installations exceeds 7 % of the total cost of the major renovation of the building;
(d)a public building is already covered by comparable requirements according to the transposition of Directive 2014/94/EU.
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6. Member States shall ensure that the recharging points referred to in paragraphs 1, 2 and 4 are capable of smart charging and, where appropriate, bidirectional charging, and that they are operated based on non-proprietary and non-discriminatory communication protocols and standards, in an interoperable manner, and in compliance with any legal standards and protocols in the delegated acts adopted pursuant to Article 19(6) and Article 19(7) of Regulation (EU) …/… [AFIR].
7. Member States shall encourage that operators of non-publicly accessible recharging points operate them in accordance with Article 5(4) of Regulation (EU) .../….[AFIR], where applicable.
2018/844 Art. 1.5 (adapted)
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87. Member States shall provide for measures in order to simplify the deployment of recharging points in new and existing residential and non-residential buildings and address possible remove regulatory barriers, including permitting and approval procedures, without prejudice to the property and tenancy law of the Member States. Member States shall remove barriers to the installation of recharging points in residential buildings with parking spaces, in particular the need to obtain consent from the landlord or co-owners for a private recharging point for own use.
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Member States shall ensure the availability of technical assistance for building owners and tenants wishing to install recharging points.
2018/844 Art. 1.5 (adapted)
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98. Member States shall consider the need for coherent ensure the coherence of policies for buildings, soft and green mobility and urban planning.
9. Member States shall ensure that, when a technical building system is installed, replaced or upgraded, the overall energy performance of the altered part, and where relevant, of the complete altered system, is assessed. The results shall be documented and passed on to the building owner, so that they remain available and can be used for the verification of compliance with the minimum requirements laid down pursuant to paragraph 1 of this Article and the issue of energy performance certificates. Without prejudice to Article 12, Member States shall decide whether to require the issuing of a new energy performance certificate.
Article 13 - Smart readiness of buildings
110. The Commission shall, by 31 December 2019, adopt a delegated act acts in accordance with Article 2923, supplementing this Directive by establishing concerning an optional common Union scheme for rating the smart readiness of buildings. The rating shall be based on an assessment of the capabilities of a building or building unit to adapt its operation to the needs of the occupant and the grid and to improve its energy efficiency and overall performance.In accordance with Annex IVIa, the optional common Union scheme for rating the smart readiness of buildings shall lay down :
(a)establish the definition of the smart readiness indicator; and
(b)establish a methodology by which it is to be calculated.
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2. The Commission shall, by 31 December 2025, adopt a delegated act in accordance with Article 29, requiring the application of the common Union scheme for rating the smart readiness of buildings, in accordance with Annex IV, to non-residential buildings with an effective rated output for heating systems, or systems for combined space heating and ventilation of over 290 kW.
2018/844 Art. 1.5 (adapted)
311. The Commission shall, by 31 December 2019, and after having consulted the relevant stakeholders, adopt an implementing act detailing the technical modalities for the effective implementation of the scheme referred to in paragraph 110 of this Article, including a timeline for a non-committal test-phase at national level, and clarifying the complementary relation of the scheme to the energy performance certificates referred to in Article 1611.
That implementing act shall be adopted in accordance with the examination procedure referred to in Article 3026(3).
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4. The Commission shall, by 31 December 2025, and after having consulted the relevant stakeholders, adopt an implementing act detailing the technical modalities for the effective implementation of the application of the scheme referred to in paragraph 2 to non-residential buildings with an effective rated output for heating systems, or systems for combined heating and ventilation of over 290 kW.
That implementing act shall be adopted in accordance with the examination procedure referred to in Article 30(3).
Article 14 - Data exchange
1. Member States shall ensure that the building owners, tenants and managers can have direct access to their building systems’ data. At their request, the access or data shall be made available to a third party. Member States shall facilitate the full interoperability of services and of data exchange within the Union in accordance with paragraph 6.For the purpose of this Directive, building systems data shall include at least all data related to the energy performance of building elements, the energy performance of building services, building automation and control systems, meters and charging points for e-mobility.
2. When laying down the rules regarding the management and exchange of data, Member States or, where a Member State has so provided, the designated competent authorities, shall specify the rules on the access to building systems data by eligible parties in accordance with this Article and the applicable Union legal framework.
3. No additional costs shall be charged to the building owner, tenant or manager for access to their data or for a request to make their data available to a third party. Member States shall be responsible for setting the relevant charges for access to data by other eligible parties such as financial institutions, aggregators, energy suppliers, energy services providers and National Statistical Institutes or other national authorities responsible for the development, production and dissemination of European statistics. Member States or, where applicable, the designated competent authorities, shall ensure that any charges imposed by regulated entities that provide data services are reasonable and duly justified.
4. The rules on access to data and data storage for the purpose of this Directive shall comply with the relevant Union law. The processing of personal data within the framework of this Directive shall be carried out in accordance with Regulation (EU) 2016/679 of the European Parliament and of the Council 59 .
5. The Commission shall adopt implementing acts detailing interoperability requirements and non-discriminatory and transparent procedures for access to the data. Those implementing acts shall be adopted in accordance with the advisory procedure referred to in Article 30(2).
2010/31/EU
Article 9 - Nearly zero-energy buildings
1. Member States shall ensure that:(a)by 31 December 2020, all new buildings are nearly zero-energy buildings; and
(b)after 31 December 2018, new buildings occupied and owned by public authorities are nearly zero-energy buildings.
Member States shall draw up national plans for increasing the number of nearly zero-energy buildings. These national plans may include targets differentiated according to the category of building.
2. Member States shall furthermore, following the leading example of the public sector, develop policies and take measures such as the setting of targets in order to stimulate the transformation of buildings that are refurbished into nearly zero-energy buildings, and inform the Commission thereof in their national plans referred to in paragraph 1.
3. The national plans shall include, inter alia, the following elements:
(a)the Member State’s detailed application in practice of the definition of nearly zero-energy buildings, reflecting their national, regional or local conditions, and including a numerical indicator of primary energy use expressed in kWh/m2 per year. Primary energy factors used for the determination of the primary energy use may be based on national or regional yearly average values and may take into account relevant European standards;
(b)intermediate targets for improving the energy performance of new buildings, by 2015, with a view to preparing the implementation of paragraph 1;
(c)information on the policies and financial or other measures adopted in the context of paragraphs 1 and 2 for the promotion of nearly zero-energy buildings, including details of national requirements and measures concerning the use of energy from renewable sources in new buildings and existing buildings undergoing major renovation in the context of Article 13(4) of Directive 2009/28/EC and Articles 6 and 7 of this Directive.
4. The Commission shall evaluate the national plans referred to in paragraph 1, notably the adequacy of the measures envisaged by the Member State in relation to the objectives of this Directive. The Commission, taking due account of the principle of subsidiarity, may request further specific information regarding the requirements set out in paragraphs 1, 2 and 3. In that case, the Member State concerned shall submit the requested information or propose amendments within nine months following the request from the Commission. Following its evaluation, the Commission may issue a recommendation.
2018/1999 Art. 53.3
5. As part of its State of the Energy Union report referred to in Article 35 of Regulation (EU) 2018/1999, the Commission shall report every four years to the European Parliament and to the Council on the progress of Member States in increasing the number of nearly zero-energy buildings. On the basis of this reported information the Commission shall, where necessary, develop an action plan and propose recommendations and measures in accordance with Article 34 of Regulation (EU) 2018/1999 to increase the number of those buildings and encourage best practices as regards the cost-effective transformation of existing buildings into nearly zero-energy buildings.
2010/31/EU
6. Member States may decide not to apply the requirements set out in points (a) and (b) of paragraph 1 in specific and justifiable cases where the cost-benefit analysis over the economic lifecycle of the building in question is negative. Member States shall inform the Commission of the principles of the relevant legislative regimes.
Article 1510 - Financial incentives and market barriers
1. In view of the importance of providing appropriate financing and other instruments to catalyse the energy performance of buildings and the transition to nearly zero-energy buildings, Member States shall take appropriate steps to consider the most relevant such instruments in the light of national circumstances.new
1. Member States shall provide appropriate financing, support measures and other instruments able to address market barriers and stimulate the necessary investments in energy renovations in line with their national building renovation plan and with a view to the transformation of their building stock into zero-emission buildings by 2050.
2. Member States shall take appropriate regulatory measures to remove non-economic barriers to building renovation. With regard to buildings with more than one building unit, such measures may include removing unanimity requirements in co-ownership structures, or allowing co-ownership structures to be direct recipients of financial support.
3. Member States shall make best cost-effective use of national financing and financing available established at Union level, in particular the Recovery and Resilience Facility, the Social Climate Fund, cohesion policy funds, InvestEU, auctioning revenues from emission trading pursuant to Directive 2003/87/EC [amended ETS] and other public funding sources.
4. To support the mobilisation of investments, Member States shall promote the roll-out of enabling funding and financial tools, such as energy efficiency loans and mortgages for building renovation, energy performance contracting, fiscal incentives, on-tax schemes, on-bill schemes, guarantee funds, funds targeting deep renovations, funds targeting renovations with a significant minimum threshold of targeted energy savings and mortgage portfolio standards. They shall guide investments into an energy efficient public building stock, in line with Eurostat guidance on the recording of Energy Performance Contracts in government accounts.
5. Member States shall facilitate the aggregation of projects to enable investor access as well as packaged solutions for potential clients.
Member States shall adopt measures to ensure that energy efficiency lending products for building renovations are offered widely and in a non-discriminatory manner by financial institutions and are visible and accessible to consumers. Member States shall ensure that banks and other financial institutions and investors receive information on opportunities to participate in the financing of the improvement of energy performance of buildings.
6. Member States shall ensure the establishment of technical assistance facilities, including through one-stop-shops, targeting all actors involved in building renovations, including home owners and administrative, financial and economic actors, including small- and medium-sized enterprises.
7. Member States shall put in place measures and financing to promote education and training to ensure that there is a sufficient workforce with the appropriate level of skills corresponding to the needs in the building sector.
2010/31/EU
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84. The Commission shall, where appropriate, assist upon request Member States in setting up national or regional financial support programmes with the aim of increasing the energy performance of efficiency in buildings, especially of existing buildings, by supporting the exchange of best practice between the responsible national or regional authorities or bodies.
The Commission shall collect and disseminate best practices on successful public and private financing schemes and incentives for renovation and other policies and measures as well as information on schemes for the aggregation of small-scale energy renovation projects. The Commission shall identify and disseminate best practices on financial incentives to renovate from a consumer perspective, taking into account cost-efficiency differences between Member States.
5. In order to improve financing in support of the implementation of this Directive and taking due account of the principle of subsidiarity, the Commission shall, preferably by 2011, present an analysis on, in particular:
(a)the effectiveness, the appropriateness of the level, and the actual amount used, of structural funds and framework programmes that were used for increasing energy efficiency in buildings, especially in housing;
(b)the effectiveness of the use of funds from the EIB and other public finance institutions;
(c)the coordination of Union and national funding and other forms of support that can act as a leverage for stimulating investments in energy efficiency and the adequacy of such funds for achieving Union objectives.
On the basis of that analysis, and in accordance with the multiannual financial framework, the Commission may subsequently submit, if it considers this appropriate, proposals with respect to Union instruments to the European Parliament and the Council.
2018/844 Art. 1.6
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96. Member States shall link their financial measures for energy performance efficiency improvements in the renovation of buildings to the targeted or achieved energy savings, as determined by one or more of the following criteria:
(a)the energy performance of the equipment or material used for the renovation; in which case, the equipment or material used for the renovation is to be installed by an installer with the relevant level of certification or qualification and shall comply with minimum energy performance requirements for building elements ;
(b)standard values for calculation of energy savings in buildings;
(c)the improvement achieved due to such renovation by comparing energy performance certificates issued before and after renovation;
(d)the results of an energy audit;
(e)the results of another relevant, transparent and proportionate method that shows the improvement in energy performance.
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10. From 1 January 2027 at the latest, Member States shall not provide any financial incentives for the installation of boilers powered by fossil fuels, with the exception of those selected for investment, before 2027, in accordance with Article 7(1)(h)(i) third hyphen of Regulation (EU) 2021/1058 of the European Parliament and the Council 60 on the European Regional Development Fund and on the Cohesion Fund and with Article 73 of Regulation (EU) 2021/2115 of the European Parliament and the Council 61 on the CAP Strategic Plans.
11. Member States shall incentivise deep renovation and sizeable programmes that address a high number of buildings and result in an overall reduction of at least 30 % of primary energy demand with higher financial, fiscal, administrative and technical support.
Member States shall ensure that a staged deep renovation which receives public financial incentives follows the steps set out in a renovation passport.
12. Financial incentives shall target as a priority vulnerable households, people affected by energy poverty and people living in social housing, in line with Article 22 of Directive (EU) .../…. [recast EED].
13. When providing financial incentives to owners of buildings or building units for the renovation of rented buildings or building units, Member States shall ensure that the financial incentives benefit both the owners and the tenants, in particular by providing rent support or by imposing caps on rent increases.
2018/844 Art. 1.6
6a. Databases for energy performance certificates shall allow data to be gathered on the measured or calculated energy consumption of the buildings covered, including at least public buildings for which an energy performance certificate, as referred to in Article 13, has been issued in accordance with Article 12.
6b. At least aggregated anonymised data compliant with Union and national data protection requirements shall be made available on request for statistical and research purposes and to the building owner.
2010/31/EU
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7. The provisions of this Directive shall not prevent Member States from providing incentives for new buildings, renovations or building elements which go beyond the cost-optimal levels.
Article 1611 - Energy performance certificates
1. Member States shall lay down the necessary measures to establish a system of certification of the energy performance of buildings.The energy performance certificate shall include the energy performance of a building expressed by a numeric indicator of primary energy use in kWh/(m2.y), and reference values such as minimum energy performance requirements , minimum energy performance standards, nearly zero-energy building requirements and zero-emission building requirements, in order to make it possible for owners or tenants of the building or building unit to compare and assess its energy performance. The energy performance certificate may include additional information such as the annual energy consumption for non-residential buildings and the percentage of energy from renewable sources in the total energy consumption.
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2. By 31 December 2025 at the latest, the energy performance certificate shall comply with the template in Annex V. It shall specify the energy performance class of the building, on a closed scale using only letters from A to G. The letter A shall correspond to zero-emission buildings as defined in Article 2, point (2) and the letter G shall correspond to the 15% worst-performing buildings in the national building stock at the time of the introduction of the scale. Member States shall ensure that the remaining classes (B to F) have an even bandwidth distribution of energy performance indicators among the energy performance classes. Member States shall ensure a common visual identity for energy performance certificates on their territory.
3. Member States shall ensure the quality, reliability and affordability of energy performance certificates. They shall ensure that energy performance certificates are issued by independent experts following an on-site visit.
2010/31/EU (adapted)
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42. The energy performance certificate shall include recommendations for the cost-effective improvement of the energy performance and the reduction of operational greenhouse gases emissions of a building or building unit, unless the building or building unit already complies with the relevant zero-emission building standard there is no reasonable potential for such improvement compared to the energy performance requirements in force.
The recommendations included in the energy performance certificate shall cover:
(a)measures carried out in connection with a major renovation of the building envelope or technical building system(s) or systems ; and
(b)measures for individual building elements independent of a major renovation of the building envelope or technical building system(s) or systems .
53. The recommendations included in the energy performance certificate shall be technically feasible for the specific building and shall provide an estimate for the energy savings and the reduction of operational greenhouse gas emissions. They and may provide an estimate for the range of payback periods or cost-benefits over its economic lifecycle.
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6. The recommendations shall include an assessment of whether the heating or air-conditioning system can be adapted to operate at more efficient temperature settings, such as low temperature emitters for water based heating systems, including the required design of thermal power output and temperature/flow requirements.
2010/31/EU (adapted)
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74. The energy performance certificate shall provide an indication as to where the owner or tenant can receive more detailed information, including as regards the cost-effectiveness of the recommendations made in the energy performance certificate. The evaluation of cost effectiveness shall be based on a set of standard conditions, such as the assessment of energy savings and underlying energy prices and a preliminary cost forecast. In addition, it shall contain information on the steps to be taken to implement the recommendations. Other information on related topics, such as energy audits or incentives of a financial or other nature and financing possibilities , or advice on how to increase the climate resilience of the building, may also be provided to the owner or tenant.
5. Subject to national rules, Member States shall encourage public authorities to take into account the leading role which they should play in the field of energy performance of buildings, inter alia, by implementing the recommendations included in the energy performance certificate issued for buildings owned by them within its validity period.
86. Certification for building units may be based:
(a)on a common certification of the whole building; or
(b)on the assessment of another representative building unit with the same energy-relevant characteristics in the same building.
97. Certification for single-family houses may be based on the assessment of another representative building of similar design and size with a similar actual energy performance quality if such correspondence can be guaranteed by the expert issuing the energy performance certificate.
108. The validity of the energy performance certificate shall not exceed 10 five years. However for buildings with an energy performance class A, B or C established pursuant to paragraph 2, the validity of the energy performance certificate shall not exceed 10 years. 9. The Commission shall, by 2011, in consultation with the relevant sectors, adopt a voluntary common European Union certification scheme for the energy performance of non-residential buildings. That measure shall be adopted in accordance with the advisory procedure referred to in Article 26(2). Member States are encouraged to recognise or use the scheme, or use part thereof by adapting it to national circumstances.
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11. Member States shall make simplified procedures for updating an energy performance certificate available where only individual elements are upgraded (single or standalone measures).
Member States shall make simplified procedures for updating an energy performance certificate available where measures identified in a renovation passport are put in place.
2010/31/EU (adapted)
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Article 1712 - Issue of energy performance certificates
1. Member States shall ensure that an a digital energy performance certificate is issued for:(a)buildings or building units which are constructed , have undergone a major renovation, are sold or rented out to a new tenant or for which a rental contract is renewed ; and
(b)buildings where a total useful floor area over 500 m2 is owned or occupied by a public bodies authority and frequently visited by the public. On 9 July 2015, this threshold of 500 m2 shall be lowered to 250 m2.
The requirement to issue an energy performance certificate does not apply where a certificate, issued in accordance with either Directive 2010/31/EU 2002/91/EC or this Directive, for the building or building unit concerned is available and valid.
2. Member States shall require that, when buildings or building units are constructed, sold or rented out or when rental contracts are renewed , the energy performance certificate or a copy thereof is shown to the prospective new tenant or buyer and handed over to the buyer or new tenant.
3. Where a building is sold or rented out in advance of construction or major renovation , Member States may require the seller to provide an assessment of its future energy performance, as a derogation from paragraphs 1 and 2; in this that case, the energy performance certificate shall be issued at the latest once the building has been constructed or renovated and shall reflect the as-built state .
4. Member States shall require that when:buildings having an energy performance certificate,building units in a building having an energy performance certificate, andbuilding units having an energy performance certificate, buildings or buildings units which are offered for sale or for rent have an energy performance certificate , and that the energy performance indicator and class of the energy performance certificate of the building or the building unit, as applicable, is stated in the online and offline advertisements , including in property search portal websites in commercial media.
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Member States shall carry out sample checks or other controls to ensure compliance with these requirements.
2010/31/EU
5. The provisions of this Article shall be implemented in accordance with applicable national rules on joint ownership or common property.
6. Member States may exclude the categories of buildings referred to in Article 4(2) from the application of paragraphs 1, 2, 4 and 5 of this Article.
67. The possible effects of energy performance certificates in terms of legal proceedings, if any, shall be decided in accordance with national rules.
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7. Member States shall ensure that all energy performance certificates issued are uploaded to the database for energy performance of building referred to in Article 19. The upload shall contain the full energy performance certificate, including all necessary data required for the calculation of the energy performance of the building.
2010/31/EU (adapted)
Article 1813 - Display of energy performance certificates
1. Member States shall take measures to ensure that where a total useful floor area over 500 m2 of a building for which an energy performance certificate has been issued in accordance with Article 1712(1) is occupied by public authorities and frequently visited by the public, the energy performance certificate is displayed in a prominent place clearly visible to the public.On 9 July 2015, this threshold of 500 m2 shall be lowered to 250 m2.2. Member States shall require that where a total useful floor area over 500 m2 of a building for which an energy performance certificate has been issued in accordance with Article 1712(1) is frequently visited by the public, the energy performance certificate is displayed in a prominent place clearly visible to the public.
3. The provisions of this Article paragraphs 1 and 2 do not include an obligation to display the recommendations included in the energy performance certificate.
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Article 19 - Databases for energy performance of buildings
1. Each Member State shall set up a national database for energy performance of buildings which allows data to be gathered on the energy performance of the buildings and on the overall energy performance of the national building stock.The database shall allow data to be gathered related to energy performance certificates, inspections, the building renovation passport, the smart readiness indicator and the calculated or metered energy consumption of the buildings covered.
2. The database shall be publicly accessible, in compliance with Union and national data protection rules. Member States shall ensure access to the full energy performance certificate for building owners, tenants and managers, and to financial institutions as regards the buildings in their investment portfolio. For buildings offered for rent or sale, Member States shall ensure access to the full energy performance certificate for prospective tenants or buyers.
3. Member States shall make publicly available information on the share of buildings in the national building stock covered by energy performance certificates and aggregated or anonymised data on the energy performance of the buildings covered. The public information shall be updated at least twice per year. Member States shall make anonymised or aggregated information available to public and research institutions such as National Statistics Institutes, upon request.
4. At least once per year, Member States shall ensure the transfer of the information in the national database to the Building Stock Observatory.
5. The Commission shall, by 30 June 2024, adopt an implementing act with a common template for the transfer of the information to the Building Stock Observatory.
That implementing act shall be adopted in accordance with the examination procedure referred to in Article 30(3).
6. For the purpose of ensuring coherence and consistency of information, Member States shall ensure that the national database for energy performance of buildings is interoperable and integrated with other administrative databases containing information on buildings, such as the national building cadastre and digital building logbooks.
2018/844 Art. 1.7 (adapted)
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Article 2014 - Inspection of heating systems Inspections
1. Member States shall lay down the necessary measures to establish regular inspections of the accessible parts of heating , ventilation and air conditioning systems or of systems for combined space heating and ventilation, with an effective rated output of over 70 kW, such as the heat generator, control system and circulation pump(s) used for heating buildings. The effective rating of the system shall be based on the sum of the rated output of the heating and air-conditioning generators.new
2. Member States shall establish separate inspection schemes for the inspections of residential and non-residential systems.
3. Member States may set different inspection frequencies depending on the type and effective rated output of the system whilst taking into account the costs of the inspection of the system and the estimated energy cost savings that may result from the inspection. Systems shall be inspected at least every five years. Systems with generators of an effective rated output of more than 290 kW shall be inspected at least every two years.
4. The inspection shall include the assessment of the generator or generators, circulation pumps, fans and control system. Member States may decide to include in the inspection schemes any additional building systems identified under Annex I.
2018/844 Art. 1.7 (adapted)
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The inspection shall include an assessment of the efficiency and sizing of the heat generator or generators and of its main components compared with the heating requirements of the building and, where relevant, consider the capabilities of the heating system or of the system for combined space heating and ventilation to optimise its performance under typical or average operating conditions. Where relevant, the inspection shall assess the feasibility of the system to operate under different and more efficient temperature settings, while ensuring the safe operation of the system.
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The inspections scheme shall include the assessment of the sizing of the ventilation system compared with the requirements of the building and consider the capabilities of the ventilation system to optimise its performance under typical or average operating conditions.
2018/844 Art. 1.7 (adapted)
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Where no changes have been made to the heating system or to the system for combined space heating and ventilation or to the heating requirements of the building following an inspection carried out pursuant to this Article paragraph, Member States may choose not to require the assessment of the heat generator main component sizing or the assessment of operation under different temperatures to be repeated.
52. Technical building systems that are explicitly covered by an agreed energy performance criterion or a contractual arrangement specifying an agreed level of energy efficiency improvement, such as energy performance contracting, or that are operated by a utility or network operator and therefore subject to performance monitoring measures on the system side, shall be exempt from the requirements laid down in paragraph 1, provided that the overall impact of such an approach is equivalent to that resulting from paragraph 1.
63. As an alternative to paragraph 1 and provided that the overall impact is equivalent to that resulting from paragraph 1, Member States may opt to take measures to ensure the provision of advice to users concerning the replacement of heat generators, other modifications to the heating system or to the system for combined space heating and ventilation and alternative solutions to assess the performance, efficiency and appropriate size of those systems.
Before applying the alternative measures referred to in the first subparagraph of this paragraph, each Member State shall, by means of submitting a report to the Commission, document the equivalence of the impact of those measures to the impact of the measures referred to in paragraph 1.
2018/1999 Art. 53.5
Such a report shall be submitted to the Commission as part of the Member States' integrated national energy and climate plans referred to in Article 3 of Regulation (EU) 2018/1999.
2018/844 Art. 1.7 (adapted)
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74. Member States shall lay down requirements to ensure that, where technically and economically feasible, non-residential buildings with an effective rated output for heating systems or systems for combined space heating and ventilation of over 290 kW are equipped with building automation and control systems 31 December 2024 by2025. The threshold for the effective rated output shall be lowered to 70 kW by31 December 2029.
The building automation and control systems shall be capable of:
(a)continuously monitoring, logging, analysing and allowing for adjusting energy use;
(b)benchmarking the building’s energy efficiency, detecting losses in efficiency of technical building systems, and informing the person responsible for the facilities or technical building management about opportunities for energy efficiency improvement; and
(c)allowing communication with connected technical building systems and other appliances inside the building, and being interoperable with technical building systems across different types of proprietary technologies, devices and manufacturers.
85. Member States shall may lay down requirements to ensure that from 1 January 2025, new residential buildings and residential buildings undergoing major renovations are equipped with:
(a)the functionality of continuous electronic monitoring that measures systems’ efficiency and informs building owners or managers when it has fallen significantly and when system servicing is necessary; and
(b)effective control functionalities to ensure optimum generation, distribution, storage and use of energy.
96. Buildings that comply with paragraph 74 or 85 shall be exempt from the requirements laid down in paragraph 1.
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10. Member States shall put in place inspection schemes or alternative measures including digital tools, to certify that the delivered construction and renovation works meet the designed energy performance and are compliant with the minimum energy performance requirements as laid down in by the building codes.
11. Member States shall include a summarised analysis of the inspection schemes and their results as an annex to the building renovation plan referred to in Article 3. Member States that have chosen the alternative measures indicated in paragraph 6 of this Article shall include a summarised analysis and the results of the alternative measures.
2018/844 Art. 1.7
Article 15 - Inspection of air-conditioning systems
1. Member States shall lay down the necessary measures to establish regular inspections of the accessible parts of air-conditioning systems or of systems for combined air-conditioning and ventilation, with an effective rated output of over 70 kW. The inspection shall include an assessment of the efficiency and sizing of the air-conditioning system compared with the cooling requirements of the building and, where relevant, consider the capabilities of the air-conditioning system or of the system for combined air-conditioning and ventilation to optimise its performance under typical or average operating conditions.Where no changes have been made to the air-conditioning system or to the system for combined air-conditioning and ventilation or to the cooling requirements of the building following an inspection carried out pursuant to this paragraph, Member States may choose not to require the assessment of the sizing of the air-conditioning system to be repeated.
Member States that maintain more stringent requirements pursuant to Article 1(3) shall be exempt from the obligation to notify them to the Commission.
2. Technical building systems that are explicitly covered by an agreed energy performance criterion or a contractual arrangement specifying an agreed level of energy efficiency improvement, such as energy performance contracting, or that are operated by a utility or network operator and therefore subject to performance monitoring measures on the system side, shall be exempt from the requirements laid down in paragraph 1, provided that the overall impact of such an approach is equivalent to that resulting from paragraph 1.
3. As an alternative to paragraph 1 and provided that the overall impact is equivalent to that resulting from paragraph 1, Member States may opt to take measures to ensure the provision of advice to users concerning the replacement of air-conditioning systems or systems for combined air-conditioning and ventilation, other modifications to the air-conditioning system or system for combined air-conditioning and ventilation and alternative solutions to assess the efficiency and appropriate size of those systems.
Before applying the alternative measures referred to in the first subparagraph of this paragraph, each Member State shall, by means of submitting a report to the Commission, document the equivalence of the impact of those measures to the impact of the measures referred to in paragraph 1.
2018/1999 Art. 53.6
Such a report shall be submitted to the Commission as part of the Member States' integrated national energy and climate plans referred to in Article 3 of Regulation (EU) 2018/1999.
2018/844 Art. 1.7
4. Member States shall lay down requirements to ensure that, where technically and economically feasible, non-residential buildings with an effective rated output for systems for air-conditioning or systems for combined air-conditioning and ventilation of over 290 kW are equipped with building automation and control systems by 2025.
The building automation and control systems shall be capable of:
(a)continuously monitoring, logging, analysing and allowing for adjusting energy use;
(b)benchmarking the building’s energy efficiency, detecting losses in efficiency of technical building systems, and informing the person responsible for the facilities or technical building management about opportunities for energy efficiency improvement; and
(c)allowing communication with connected technical building systems and other appliances inside the building, and being interoperable with technical building systems across different types of proprietary technologies, devices and manufacturers.
5. Member States may lay down requirements to ensure that residential buildings are equipped with:
(a)the functionality of continuous electronic monitoring that measures systems’ efficiency and informs building owners or managers when it has fallen significantly and when system servicing is necessary, and
(b)effective control functionalities to ensure optimum generation, distribution, storage and use of energy.
6. Buildings that comply with paragraph 4 or 5 shall be exempt from the requirements laid down in paragraph 1.
2010/31/EU (adapted)
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Article 2116 - Reports on the inspection of heating , ventilation and air-conditioning systems
1. An inspection report shall be issued after each inspection of a heating , ventilation or air-conditioning system. The inspection report shall contain the result of the inspection performed in accordance with Article 2014 or 15 and include recommendations for the cost-effective improvement of the energy performance of the inspected system.The Those recommendations may be based on a comparison of the energy performance of the system inspected with that of the best available feasible system and a system of similar type for which all relevant components achieve the level of energy performance required by the applicable legislation.
2. The inspection report shall be handed over to the owner or tenant of the building.
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3. The inspection report shall be uploaded into the national database for energy performance of buildings pursuant to Article 19.
2010/31/EU (adapted)
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Article 2217 - Independent experts
1. Member States shall ensure that the energy performance certification of buildings , the establishment of renovation passports, the smart readiness assessment, and the inspection of heating systems and air-conditioning systems are carried out in an independent manner by qualified and/or certified accredited experts, whether operating in a self-employed capacity or employed by public bodies or private enterprises.Experts shall be accredited certified in accordance with Article 26 of Directive (EU) …/… [recast EED] taking into account their competence.
2. Member States shall make available to the public information on training and accreditations certifications . Member States shall ensure that either regularly updated lists of qualified and/or accredited certified experts or regularly updated lists of accredited certified companies which offer the services of such experts are made available to the public.
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Article 23 - Certification of building professionals
1. Member States shall ensure the appropriate level of competence for building professionals carrying out integrated renovation works in line with Article 26 [recast EED].2. Where appropriate and feasible, Member States shall ensure that certification or equivalent qualification schemes are available for providers of integrated renovation works where this is not covered by Article 18(3) of Directive (EU) 2018/2001 [amended RED] or Article 26 of Directive (EU) …/….[recast EED].
2010/31/EU (adapted)
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Article 2418 - Independent control system
1. Member States shall ensure that independent control systems for energy performance certificates are established in accordance with Annex VI, and that independent control systems for renovation passports, smart readiness indicators and reports on the inspection of heating and air-conditioning systems are established in accordance with Annex II. Member States may establish separate systems for the control of energy performance certificates , renovation passports, smart readiness indicators and for the control of reports on the inspection of heating and air-conditioning systems.2. The Member States may delegate the responsibilities for implementing the independent control systems.
Where the Member States decide to do so, they shall ensure that the independent control systems are implemented in compliance with Annex VIII.
3. Member States shall require the energy performance certificates , the renovation passports, the smart readiness indicators and the inspection reports referred to in paragraph 1 to be made available to the competent authorities or bodies on request.
2018/844 Art. 1.8 (adapted)
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Article 2519 - Review
The Commission, assisted by the Committee established by referred to in Article 3026, shall review this Directive by the end of 2027 1 January 2026 at the latest, in the light of the experience gained and progress made during its application, and, if necessary, make proposals.As part of that review, the Commission shall assess whether the application of this Directive in combination with other legislative instruments addressing energy efficiency and greenhouse gas emissions from buildings, notably through carbon pricing, deliver sufficient progress towards achieving a fully decarbonised, zero-emission building stock by 2050, or whether further binding measures at Union level, in particular mandatory minimum energy performance standards across the whole building stock, need to be introduced. tThe Commission shall also examine in what manner Member States could apply integrated district or neighbourhood approaches in Union building and energy efficiency policy, while ensuring that each building meets the minimum energy performance requirements, for example by means of overall renovation schemes applying to a number of buildings in a spatial context instead of a single building. The Commission shall, in particular, assess the need for further improvement of energy performance certificates in accordance with Article 11.
2018/844 Art. 1.9 (adapted)
Article 19 - a Feasibility study
The Commission shall, before 2020, conclude a feasibility study, clarifying the possibilities and timeline to introduce the inspection of stand-alone ventilation systems and an optional building renovation passport that is complementary to the energy performance certificates, in order to provide a long-term, step-by-step renovation roadmap for a specific building based on quality criteria, following an energy audit, and outlining relevant measures and renovations that could improve the energy performance.2010/31/EU
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Article 2620 - Information
1. Member States shall take the necessary measures to inform the owners or tenants of buildings or building units and all relevant market actors of the different methods and practices that serve to enhance energy performance. In particular, Member States shall take the necessary measures to provide tailor-made information to vulnerable households.2018/844 Art. 1.10
2. Member States shall in particular provide information to the owners or tenants of buildings on energy performance certificates, including their purpose and objectives, on cost-effective measures and, where appropriate, financial instruments, to improve the energy performance of the building, and on replacing fossil fuel boilers with more sustainable alternatives. Member States shall provide the information through accessible and transparent advisory tools such as renovation advice and one-stop-shops.
2010/31/EU (adapted)
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At the request of the Member States, the Commission shall assist Member States in staging information campaigns for the purposes of paragraph 1 and the first subparagraph of this paragraph, which may be dealt with in Union programmes.
3. Member States shall ensure that guidance and training are made available for those responsible for implementing this Directive. Such guidance and training shall address the importance of improving energy performance, and shall enable consideration of the optimal combination of improvements in energy efficiency, reduction of greenhouse gas emissions, use of energy from renewable sources and use of district heating and cooling when planning, designing, building and renovating industrial or residential areas. Such guidance and training may also address structural improvements, adaptation to climate change, fire safety, risks related to intense seismic activity, the removal of hazardous substances including asbestos, air pollutant emissions (including fine particulate matter) and accessibility for persons with disabilities.
4. The Commission is invited to continuously improve its information services, in particular the website that has been set up as a European portal for energy efficiency in buildings directed towards citizens, professionals and authorities, in order to assist Member States in their information and awareness-raising efforts. Information displayed on this that website might include links to relevant European Union and national, regional and local legislation, links to Europa websites that display the National Energy Efficiency Action Plans, links to available financial instruments, as well as best practice examples at national, regional and local level. In the context of the European Regional Development Fund, the Cohesion Fund and the Just Transition Fund, the Commission shall continue and further intensify its information services with the aim of facilitating the use of available funds by providing assistance and information to interested stakeholders, including national, regional and local authorities, on funding possibilities, taking into account the latest changes in the regulatory framework.
Article 2721 - Consultation
In order to facilitate the effective implementation of the this Directive, Member States shall consult the stakeholders involved, including local and regional authorities, in accordance with the national legislation applicable and as relevant. Such consultation is of particular importance for the application of Articles 9 and 2620.Article 2822 - Adaptation of Annex I to technical progress
The Commission shall adapt points 3 and 4 of Annex I to technical progress by means of adopt delegated acts in accordance with Articles 2923, 24 and 25 concerning the adaptation of points 4 and 5 of Annex I to technical progress .2018/844 Art. 1.11 (adapted)
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Article 2923 - Exercise of the delegation
1. The power to adopt delegated acts is conferred on the Commission subject to the conditions laid down in this Article.2. The power to adopt delegated acts referred to in Articles 65, 7, 10 118 138 and 2822 shall be conferred on the Commission for a an indeterminate period of time of five years from [date of entry into force of this Directive] 9 July 2018. The Commission shall draw up a report in respect of the delegation of power not later than nine months before the end of the five-year period. The delegation of power shall be tacitly extended for periods of an identical duration, unless the European Parliament or the Council opposes such extension not later than three months before the end of each period.
3. The delegation of power referred to in Articles 65, 7, 10, 1318 and 2822 may be revoked at any time by the European Parliament or by the Council. A decision to revoke shall put an end to the delegation of the power specified in that decision. It shall take effect the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force.
4. Before adopting a delegated act, the Commission shall consult experts designated by each Member State in accordance with the principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law-Making.
5. As soon as it adopts a delegated act, the Commission shall notify it simultaneously to the European Parliament and to the Council.
6. A delegated act adopted pursuant to Articles 65, 7, 10, 118 138 or 2822 shall enter into force only if no objection has been expressed either by the European Parliament or the Council within a period of two months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by two months at the initiative of the European Parliament or of the Council.
2018/844 Art. 1.13
Article 3026 - Committee procedure
1. The Commission shall be assisted by a committee. That committee shall be a committee within the meaning of Regulation (EU) No 182/2011.2. Where reference is made to this paragraph, Article 4 of Regulation (EU) No 182/2011 shall apply.
3. Where reference is made to this paragraph, Article 5 of Regulation (EU) No 182/2011 shall apply.
2010/31/EU (adapted)
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Article 3127 - Penalties
Member States shall lay down the rules on penalties applicable to infringements of the national provisions adopted pursuant to this Directive and shall take all measures necessary to ensure that they are implemented. The penalties provided for must be effective, proportionate and dissuasive. Member States shall communicate those provisions to the Commission by 9 January 2013 at the latest and shall notify it the Commission without delay of any subsequent amendment affecting them the provisions communicated in accordance with Article 27 of Directive 2010/31/EU .Article 3228 - Transposition
1. Member States shall adopt and publish, by 9 July 2012 at the latest, bring into force the laws, regulations and administrative provisions necessary to comply with Articles 2 to 18, 1 to 3, 5 to 26, 29 and 32 and with Articles 20 and 27 Annexes I to III and V to IX by […] . They shall immediately communicate the text of those measures and a correlation table to the Commission.They shall apply those provisions as far as Articles 2, 3, 9, 11, 12, 13, 17, 18, 20 and 27 are concerned, from 9 January 2013 at the latest. They shall apply those provisions as far as Articles 4, 5, 6, 7, 8, 14, 15 and 16 are concerned, to buildings occupied by the public authorities from 9 January 2013 at the latest and to other buildings from 9 July 2013 at the latest.They may defer the application of Article 12(1) and (2) to single building units that are rented out, until 31 December 2015. This shall however not result in fewer certificates being issued than would have been the case under the application of the Directive 2002/91/EC in the Member State concerned. When Member States adopt those measures, they shall contain a reference to this Directive or be accompanied by such a reference on the occasion of their official publication. They shall also include a statement that references in existing laws, regulations and administrative provisions to the Directive 2002/91/EC repealed by this Directive shall be construed as references to this Directive. Member States shall determine how such reference is to be made and how that statement is to be formulated.
2. Member States shall communicate to the Commission the text of the main provisions of national law which they adopt in the field covered by this Directive.
Article 3329 - Repeal
Directive 2010/31/EU 2002/91/EC, as amended by the Regulation acts listed indicated in Annex VIIIIV, Part A, is hereby repealed with effect from […] 1 February 2012, without prejudice to the obligations of the Member States relating to the time limit time‑limits for the transposition into national law and the dates of application of the Directive Directives set out in Annex VIIIIV, Part B.References to the repealed Directive 2002/91/EC shall be construed as references to this Directive and shall be read in accordance with the correlation table in Annex IXV.
Article 3430 - Entry into force
This Directive shall enter into force on the 20th twentieth day following that of its publication in the Official Journal of the European Union.Articles 4, 27, 28, 30, 31 and 33 to 35 and Annex IV shall apply from [the day after the date in the first subparagraph of Article 32].
Article 3531
Addressees
This Directive is addressed to the Member States.