What changed, Directive 2010/31/EU

+ ### Article 1 — Subject matter
− ### art_1
− Article 1
− 
+ (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, building units and building elements that are subject to major renovation;
− | (a) | the common general framework for a methodology for calculating the integrated energy performance of buildings and building units; |
− | --- | --- |
+ (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
− | (b) | the application of minimum requirements to the energy performance of new buildings and new building units; |
− | --- | --- |
+ (iii) technical building systems whenever they are installed, replaced or upgraded;
− | (c) | the application of minimum requirements to the energy performance of:(i)existing buildings, 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 …
− | --- | --- |
− | (i) | existing buildings, 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; |
+ (d) national plans for increasing the number of nearly zero-energy buildings;
− | (d) | national plans for increasing the number of nearly zero-energy buildings; |
− | --- | --- |
+ (e) energy certification of buildings or building units;
− | (e) | energy certification of buildings or building units; |
− | --- | --- |
+ (f) regular inspection of heating and air-conditioning systems in buildings; and
− | (f) | regular inspection of heating and air-conditioning systems in buildings; and |
− | --- | --- |
+ (g) independent control systems for energy performance certificates and inspection reports.
− | (g) | independent control systems for energy performance certificates and inspection reports. |
− | --- | --- |
+ ### Article 2 — Definitions
+ 
+ For the purpose of this Directive, the following definitions shall apply:
+ 
+ 1. ‘building’ means a roofed construction having walls, for which energy is used to condition the indoor climate;
+ 
+ 2. ‘nearly zero-energy building’ means a building that has a very high energy performance, as determined in accordance with Annex I. The nearly zero or very low amount of energy required should be covered to a very significant extent by energy from renewable sources, including energy from renewable …
+ 
+ 3. ‘technical building system’ means technical equipment for space heating, space cooling, ventilation, domestic hot water, built-in lighting, building automation and control, on-site electricity generation, or a combination thereof, including those systems using energy from renewable sources, of a …
+ 
+ 3a. ‘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 technica…
+ 
+ 4. ‘energy performance of a building’ means the calculated or 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;
+ 
+ 5. ‘primary energy’ means energy from renewable and non-renewable sources which has not undergone any conversion or transformation process;
+ 
+ 6. ‘energy from renewable sources’ means energy from renewable non-fossil sources, namely wind, solar, aerothermal, geothermal, hydrothermal and ocean energy, hydropower, biomass, landfill gas, sewage treatment plant gas and biogases;
+ 
+ 7. ‘building envelope’ means the integrated elements of a building which separate its interior from the outdoor environment;
+ 
+ 8. ‘building unit’ means a section, floor or apartment within a building which is designed or altered to be used separately;
+ 
+ 9. ‘building element’ means a technical building system or an element of the building envelope;
+ 
+ 10. ‘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).
+ 
+ 11. ‘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;
+ 
+ 12. ‘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 3;
+ 
+ 13. ‘cogeneration’ means simultaneous generation in one process of thermal energy and electrical and/or mechanical energy;
+ 
+ 14. ‘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 energy-related investment costs, maintenance and operating costs (including energy costs and savings, the category of building concerned, earnings from energy produced), where applicable, and disposal costs, where applicable; and
+ 
+ (b) the estimated economic lifecycle is determined by each Member State. It 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 performa…
+ 
+ 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;
+ 
+ 15. ‘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;
+ 
+ 15a. ‘heating system’ means a combination of the components required to provide a form of indoor air treatment, by which the temperature is increased;
+ 
+ 15b. ‘heat generator’ means the part of a heating system that generates useful heat 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;
+ 
+ 15c. ‘energy performance contracting’ means energy performance contracting as defined in point (27) of Article 2 of Directive 2012/27/EU of the European Parliament and of the Council (1);
+ 
+ 16. ‘boiler’ means the combined boiler body-burner unit, designed to transmit to fluids the heat released from burning;
+ 
+ 17. ‘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;
− ### art_2
+ 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 ma…
− Article 2
+ 19. ‘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;
+ 
+ 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 (2).
− For the purpose of this Directive, the following definitions shall apply:
+ ### Article 2a — Long-term renovation strategy
− | 1. | ‘building’ means a roofed construction having walls, for which energy is used to condition the indoor climate; |
− | --- | --- |
+ 1. Each Member State shall establish a long-term renovation strategy to support 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 transfor…
− | 2. | ‘nearly zero-energy building’ means a building that has a very high energy performance, as determined in accordance with Annex I. The nearly zero or very low amount of energy required should be covered to a very significant extent by energy from renewable sources, including energy from renewa…
− | --- | --- |
+ (a) an overview of the national building stock, based, as appropriate, on statistical sampling and expected share of renovated buildings in 2020;
− | 3. | ‘technical building system’ means technical equipment for the heating, cooling, ventilation, hot water, lighting or for a combination thereof, of a building or building unit; |
− | --- | --- |
+ (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;
− | 4. | ‘energy performance of a building’ means the calculated or 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; |
− | --- | --- |
+ (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;
− | 5. | ‘primary energy’ means energy from renewable and non-renewable sources which has not undergone any conversion or transformation process; |
− | --- | --- |
+ (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;
− | 6. | ‘energy from renewable sources’ means energy from renewable non-fossil sources, namely wind, solar, aerothermal, geothermal, hydrothermal and ocean energy, hydropower, biomass, landfill gas, sewage treatment plant gas and biogases; |
− | --- | --- |
+ (e) policies and actions to target all public buildings;
− | 7. | ‘building envelope’ means the integrated elements of a building which separate its interior from the outdoor environment; |
− | --- | --- |
+ (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
− | 8. | ‘building unit’ means a section, floor or apartment within a building which is designed or altered to be used separately; |
− | --- | --- |
+ (g) an evidence-based estimate of expected energy savings and wider benefits, such as those related to health, safety and air quality.
− | 9. | ‘building element’ means a technical building system or an element of the building envelope; |
− | --- | --- |
+ 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 hig…
− | 10. | ‘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…
− | --- | --- |
− | (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; |
+ 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:
− | 11. | ‘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; |
− | --- | --- |
+ (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;
− | 12. | ‘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 3; |
− | --- | --- |
+ (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;
− | 13. | ‘cogeneration’ means simultaneous generation in one process of thermal energy and electrical and/or mechanical energy; |
− | --- | --- |
+ (d) guiding investments into an energy efficient public building stock, in line with Eurostat guidance; and
− | 14. | ‘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 energy-related investment costs, maintenance and operating costs (including energy costs and savings, the…
− | --- | --- |
− | (a) | the lowest cost is determined taking into account energy-related investment costs, maintenance and operating costs (including energy costs and savings, the category of building concerned, earnings from energy produced), where applicable, and disposal costs, where applicable; and |
− | (b) | the estimated economic lifecycle is determined by each Member State. It 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 perf…
+ (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.
− | 15. | ‘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; |
− | --- | --- |
+ 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 Commissi…
− | 16. | ‘boiler’ means the combined boiler body-burner unit, designed to transmit to fluids the heat released from burning; |
− | --- | --- |
+ 5. To support the development of its long-term renovation strategy, each Member State shall carry out a public consultation on its long-term renovation strategy prior to submitting it to the Commission. Each Member State shall annex a summary of the results of its public consultation to its long-ter…
− | 17. | ‘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; |
− | --- | --- |
+ Each Member State shall establish the modalities for consultation in an inclusive way during the implementation of its long-term renovation strategy.
− | 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, i…
− | --- | --- |
+ 6. Each Member State shall annex the details of the implementation of its most recent long-term renovation strategy to its long-term renovation strategy, including on the planned policies and actions.
− | 19. | ‘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. |
− | --- | --- |
+ 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.
− ### art_3
+ ### Article 3 — Adoption of a methodology for calculating the energy performance of buildings
− Article 3
+ ### Article 4 — Setting of minimum energy performance requirements
− ### art_4
− Article 4
− 
+ (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;
− | (a) | buildings officially protected as part of a designated environment or because of their special architectural or historical merit, in so far as compliance with certain minimum energy performance requirements would unacceptably alter their character or appearance; |
− | --- | --- |
+ (b) buildings used as places of worship and for religious activities;
− | (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 in use by a sector covered by a national sectoral agreement on energy performance;
− | (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 in use 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;
− | (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.
− | (e) | stand-alone buildings with a total useful floor area of less than 50 m2. |
− | --- | --- |
+ ### Article 5 — Calculation of cost-optimal levels of minimum energy performance requirements
− ### art_5
− Article 5
− 
+ ### Article 6 — New buildings
+ 
+ 1. Member States shall take the necessary measures to ensure that new buildings meet the minimum energy performance requirements laid down in accordance with Article 4.
+ 
+ 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.
+ 
+ ### Article 7 — Existing buildings
+ 
+ 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 4 in so far as this is tech…
+ 
+ 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.
− ### art_6
+ 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 meet…
− Article 6
+ Member States shall determine these minimum energy performance requirements in accordance with Article 4.
+ 
+ Member States shall encourage, in relation to buildings undergoing major renovation, high-efficiency alternative systems, in so far as this is technically, functionally and economically feasible, and shall address the issues of healthy indoor climate conditions, fire safety and risks related to inte…
− 1. Member States shall take the necessary measures to ensure that new buildings meet the minimum energy performance requirements set in accordance with Article 4.
+ ### Article 8 — Technical building systems, electromobility and smart readiness indicator
− For new buildings, Member States shall ensure that, before construction starts, the technical, environmental and economic feasibility of high-efficiency alternative systems such as those listed below, if available, is considered and taken into account:
+ 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 inst…
− | (a) | decentralised energy supply systems based on energy from renewable sources; |
− | --- | --- |
+ 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.
− | (b) | cogeneration; |
− | --- | --- |
+ 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 installati…
− | (c) | district or block heating or cooling, particularly where it is based entirely or partially on energy from renewable sources; |
− | --- | --- |
+ 2. With regard to new non-residential buildings and non-residential buildings undergoing major renovation, with more than ten parking spaces, Member States shall ensure the installation of at least one recharging point within the meaning of Directive 2014/94/EU of the European Parliament and of the …
− | (d) | heat pumps. |
− | --- | --- |
+ (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
− 2. Member States shall ensure that the analysis of alternative systems referred to in paragraph 1 is documented and available for verification purposes.
+ (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.
− 3. That analysis of alternative systems may be carried out for individual buildings or for groups of similar buildings or for common typologies of buildings in the same area. As far as collective heating and cooling systems are concerned, the analysis may be carried out for all buildings connected t…
+ 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.
− ### art_7
+ 3. 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.
− Article 7
+ 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 (4).
− 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 4 in so far as this is tech…
+ 5. With regard to new residential buildings and residential buildings undergoing major renovation, with more than ten parking spaces, Member States shall ensure the installation of ducting infrastructure, namely conduits for electric cables, for every parking space to enable the installation, at a l…
− 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.
+ (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.
− 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 meet…
+ 6. Member States may decide not to apply paragraphs 2, 3 and 5 to specific categories of buildings where:
− Member States shall determine these minimum energy performance requirements in accordance with Article 4.
+ (a) with regard to paragraphs 2 and 5, building permit applications or equivalent applications have been submitted by 10 March 2021;
− Member States shall encourage, in relation to buildings undergoing major renovation, the consideration and taking into account of high-efficiency alternative systems, as referred to in Article 6(1), in so far as this is technically, functionally and economically feasible.
+ (b) the 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 …
− ### art_8
+ (c) the cost of the recharging and ducting installations exceeds 7 % of the total cost of the major renovation of the building;
− Article 8
+ (d) a public building is already covered by comparable requirements according to the transposition of Directive 2014/94/EU.
− 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 inst…
+ 7. 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 regulatory barriers, including permitting and approval procedures, without prejudice to the property and tenancy law…
− 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.
+ 8. Member States shall consider the need for coherent policies for buildings, soft and green mobility and urban planning.
− The system requirements shall cover at least the following:
+ 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 t…
− | (a) | heating systems; |
− | --- | --- |
+ 10. The Commission shall, by 31 December 2019, adopt a delegated act in accordance with Article 23, supplementing this Directive by establishing 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 o…
− | (b) | hot water systems; |
− | --- | --- |
+ In accordance with Annex Ia, the optional common Union scheme for rating the smart readiness of buildings shall:
− | (c) | air-conditioning systems; |
− | --- | --- |
+ (a) establish the definition of the smart readiness indicator; and
− | (d) | large ventilation systems; |
− | --- | --- |
+ (b) establish a methodology by which it is to be calculated.
− or a combination of such systems.
+ 11. 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 10 of this Article, including a timeline for a non-committal test-…
− 2. Member States shall encourage the introduction of intelligent metering systems whenever a building is constructed or undergoes major renovation, whilst ensuring that this encouragement is in line with point 2 of Annex I to Directive 2009/72/EC of the European Parliament and of the Council of 13 J…
+ That implementing act shall be adopted in accordance with the examination procedure referred to in Article 26(3).
− ### art_9
+ ### Article 9 — Nearly zero-energy buildings
− Article 9
+ (a) by 31 December 2020, all new buildings are nearly zero-energy buildings; and
− | (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.
− | (b) | after 31 December 2018, new buildings occupied and owned by public authorities are nearly zero-energy buildings. |
− | --- | --- |
+ (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 determinatio…
− | (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 determin…
− | --- | --- |
+ (b) intermediate targets for improving the energy performance of new buildings, by 2015, with a view to preparing the implementation of paragraph 1;
− | (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 bu…
− | (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 existin…
− | --- | --- |
+ ### Article 10 — Financial incentives and market barriers
− ### art_10
− Article 10
− 
+ (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;
− | (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;
− | (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.
− | (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. |
− | --- | --- |
+ 6. Member States shall link their financial measures for energy 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;
+ 
+ (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;
− 6. Member States shall take account of the cost-optimal levels of energy performance when providing incentives for the construction or major renovation of buildings.
+ (e) the results of another relevant, transparent and proportionate method that shows the improvement in energy performance.
− 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.
+ 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 wi…
+ 
+ 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.
− ### art_11
+ 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 11
+ ### Article 11 — Energy performance certificates
+ 
+ (a) measures carried out in connection with a major renovation of the building envelope or technical building system(s); and
− | (a) | measures carried out in connection with a major renovation of the building envelope or technical building system(s); and |
− | --- | --- |
+ (b) measures for individual building elements independent of a major renovation of the building envelope or technical building system(s).
− | (b) | measures for individual building elements independent of a major renovation of the building envelope or technical building system(s). |
− | --- | --- |
+ (a) on a common certification of the whole building; or
− | (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.
− | (b) | on the assessment of another representative building unit with the same energy-relevant characteristics in the same building. |
− | --- | --- |
+ ### Article 12 — Issue of energy performance certificates
− ### art_12
− Article 12
− 
+ (a) buildings or building units which are constructed, sold or rented out to a new tenant; and
− | (a) | buildings or building units which are constructed, sold or rented out to a new tenant; and |
− | --- | --- |
+ (b) buildings where a total useful floor area over 500 m2 is occupied by a public authority and frequently visited by the public. On 9 July 2015, this threshold of 500 m2 shall be lowered to 250 m2.
− | (b) | buildings where a total useful floor area over 500 m2 is occupied by a public authority and frequently visited by the public. On 9 July 2015, this threshold of 500 m2 shall be lowered to 250 m2. |
− | --- | --- |
+ — buildings having an energy performance certificate,
− | — | buildings having an energy performance certificate, |
− | --- | --- |
+ — building units in a building having an energy performance certificate, and
− | — | building units in a building having an energy performance certificate, and |
− | --- | --- |
+ — building units having an energy performance certificate,
− | — | building units having an energy performance certificate, |
− | --- | --- |
+ ### Article 13 — Display of energy performance certificates
− ### art_13
− 
− Article 13
+ 
+ ### Article 14 — Inspection of heating systems
+ 
+ 1. Member States shall lay down the necessary measures to establish regular inspections of the accessible parts of heating 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…
+ 
+ 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 paragraph, Member States may choose not to require the assessment of the heat generato…
+ 
+ 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 su…
+ 
+ 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 heat generators, other modifications to the heating system or to …
+ 
+ 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.
+ 
+ Such a report shall be submitted in accordance with the applicable planning and reporting obligations.
+ 
+ 4. 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 contro…
+ 
+ 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:
− ### art_14
+ (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.
− Article 14
+ 6. Buildings that comply with paragraph 4 or 5 shall be exempt from the requirements laid down in paragraph 1.
− 1. Member States shall lay down the necessary measures to establish a regular inspection of the accessible parts of systems used for heating buildings, such as the heat generator, control system and circulation pump(s), with boilers of an effective rated output for space heating purposes of more tha…
+ ### Article 15 — Inspection of air-conditioning systems
− Member States may reduce the frequency of such inspections or lighten them as appropriate, where an electronic monitoring and control system is in place.
+ 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 eff…
− 2. Member States may set different inspection frequencies depending on the type and effective rated output of the heating system whilst taking into account the costs of the inspection of the heating system and the estimated energy cost savings that may result from the inspection.
+ 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 s…
− 3. Heating systems with boilers of an effective rated output of more than 100 kW shall be inspected at least every two years.
+ Member States that maintain more stringent requirements pursuant to Article 1(3) shall be exempt from the obligation to notify them to the Commission.
− For gas boilers, this period may be extended to four years.
+ 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 su…
− 4. As an alternative to paragraphs 1, 2 and 3 Member States may opt to take measures to ensure the provision of advice to users concerning the replacement of boilers, other modifications to the heating system and alternative solutions to assess the efficiency and appropriate size of the boiler. The …
+ 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…
− Where Member States choose to apply the measures referred to in the first subparagraph, they shall submit to the Commission a report on the equivalence of those measures to measures referred to in paragraphs 1, 2 and 3 of this Article by 30 June 2011 at the latest. Member States shall submit these r…
+ 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.
− 5. After receiving the national report from a Member State about the application of the option as described in paragraph 4, the Commission may request further specific information regarding the requirements and equivalence of the measures set out in that paragraph. In that case, the Member State con…
+ Such a report shall be submitted in accordance with the applicable planning and reporting obligations.
− ### art_15
+ 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 autom…
− Article 15
+ The building automation and control systems shall be capable of:
− 1. Member States shall lay down the necessary measures to establish a regular inspection of the accessible parts of air-conditioning systems of an effective rated output of more than 12 kW. The inspection shall include an assessment of the air-conditioning efficiency and the sizing compared to the c…
+ (a) continuously monitoring, logging, analysing and allowing for adjusting energy use;
− Member States may reduce the frequency of such inspections or lighten them, as appropriate, where an electronic monitoring and control system is in place.
+ (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
− 2. The Member States may set different inspection frequencies depending on the type and effective rated output of the air-conditioning system, whilst taking into account the costs of the inspection of the air-conditioning system and the estimated energy cost savings that may result from the inspecti…
+ (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.
− 3. In laying down the measures referred to in paragraphs 1 and 2 of this Article, Member States shall, as far as is economically and technically feasible, ensure that inspections are carried out in accordance with the inspection of heating systems and other technical systems referred to in Article 1…
+ 5. Member States may lay down requirements to ensure that residential buildings are equipped with:
− 4. As an alternative to paragraphs 1, 2 and 3 Member States may opt to take measures to ensure the provision of advice to users on the replacement of air-conditioning systems or on other modifications to the air-conditioning system which may include inspections to assess the efficiency and appropria…
+ (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
− Where Member States apply the measures referred to in the first subparagraph, they shall, by 30 June 2011 at the latest, submit to the Commission a report on the equivalence of those measures to the measures referred to in paragraphs 1, 2 and 3 of this Article. Member States shall submit these repor…
+ (b) effective control functionalities to ensure optimum generation, distribution, storage and use of energy.
− 5. After receiving the national report from a Member State about the application of the option as described in paragraph 4, the Commission may request further specific information regarding the requirements and equivalence of the measures set in that paragraph. In this case, the Member State concern…
+ 6. Buildings that comply with paragraph 4 or 5 shall be exempt from the requirements laid down in paragraph 1.
− ### art_16
+ ### Article 16 — Reports on the inspection of heating and air-conditioning systems
− Article 16
+ ### Article 17 — Independent experts
− ### art_17
− 
− Article 17
+ ### Article 18 — Independent control system
− ### art_18
− Article 18
− 
+ 
+ ### Article 19 — Review
+ The Commission, assisted by the Committee established by Article 26, shall review this Directive by 1 January 2026 at the latest, in the light of the experience gained and progress made during its application, and, if necessary, make proposals.
− ### art_19
+ As part of that review, the Commission shall 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 o…
+ 
+ The Commission shall, in particular, assess the need for further improvement of energy performance certificates in accordance with Article 11.
− Article 19
+ ### Article 19a — Feasibility study
− The Commission, assisted by the Committee established by Article 26, shall evaluate this Directive by 1 January 2017 at the latest, in the light of the experience gained and progress made during its application, and, if necessary, make proposals.
+ 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 l…
− ### art_20
+ ### Article 20 — Information
− Article 20
+ 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 …
− 2. Member States shall in particular provide information to the owners or tenants of buildings on energy performance certificates and inspection reports, their purpose and objectives, on cost-effective ways to improve the energy performance of the building and, where appropriate, on financial instru…
+ 
+ ### Article 21 — Consultation
+ 
+ In order to facilitate the effective implementation of the 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 applica…
+ 
+ ### Article 22 — Adaptation of Annex I to technical progress
+ 
+ The Commission shall adapt points 3 and 4 of Annex I to technical progress by means of delegated acts in accordance with Articles 23, 24 and 25.
+ 
+ ### Article 23 — 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 5, 8 and 22 shall be conferred on the Commission for a period of five years from 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. Th…
+ 
+ 3. The delegation of power referred to in Articles 5, 8 and 22 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 decis…
+ 
+ 4. Before adopting a delegated act, the Commission shall consult experts designated by each Member State in accordance with the principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law-Making.
+ 
+ 5. As soon as it adopts a delegated act, the Commission shall notify it simultaneously to the European Parliament and to the Council.
+ 
+ 6. A delegated act adopted pursuant to Article 5, 8 or 22 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 t…
+ 
+ ### Article 26 — Committee procedure
+ 
+ 1. The Commission shall be assisted by a committee. That committee shall be a committee within the meaning of Regulation (EU) No 182/2011.
+ 
+ 2. Where reference is made to this paragraph, Article 4 of Regulation (EU) No 182/2011 shall apply.
+ 
+ 3. Where reference is made to this paragraph, Article 5 of Regulation (EU) No 182/2011 shall apply.
+ 
+ ### Article 27 — 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 …
+ 
+ ### Article 28 — Transposition
+ 
+ 1. Member States shall adopt and publish, by 9 July 2012 at the latest, the laws, regulations and administrative provisions necessary to comply with Articles 2 to 18, and with Articles 20 and 27.
+ 
+ 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 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 Directive 2002/9…
+ 
+ 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.
+ 
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