Council of the
European Union
Brussels, 13 December 2017
(OR. en)
PUBLIC
15509/17
Interinstitutional File:
2016/0381 (COD)
LIMITE
ENER 504
ENV 1046
TRANS 546
ECOFIN 1101
RECH 414
CODEC 2029
NOTE
From:
General Secretariat of the Council
To:
Permanent Representatives Committee
No. Cion doc.:
15108/16 ENER 416 ENV 756 TRANS 477 ECOFIN 1152 RECH 341 IA
125 CODEC 1797
+ ADD 1 - 5
Subject:
Proposal for a DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF
THE COUNCIL amending Directive 2010/31/EU on the energy
performance of buildings
-
Preparation for the third trilogue
DOCUMENT PARTIALLY ACCESSIBLE TO THE PUBLIC (05.02.2018)
1.
On 29 November 2017, the Permanent Representatives Committee granted the mandate for
the second informal trilogue on the Commission's proposal on the energy performance of
buildings with a view to negotiating a first reading agreement with the European Parliament.
2.
On 5 December 2017, the second informal trilogue took place and did not seal a full
provisional agreement; nevertheless progress has been made.
3.
Further to discussion of seven out of eight core political issues at stake (including those for
which the Presidency presented alternative pathway options at Coreper's meeting of 29
November), the outcome was the following:
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ANNEX
Proposal for a DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL amending Directive 2010/31/EU on the energy performance of
buildings
1
COMISSION PROPOSAL
EP PLENARY TEXT
COUNCIL GENERAL APPROACH
Compromise proposals
(doc. 11120/1/17 REV 1)
(COD 0381/16 - doc. 15108/16)
Having regard to the Treaty on the
THE EUROPEAN PARLIAMENT AND
Functioning of the European Union,
THE COUNCIL OF THE EUROPEAN
DELETED FROM THIS
and in particular Article 194(2)
UNION,
POINT UNTIL THE END
thereof,
Having regard to the Treaty on the
OF THE COLUMN
Having regard to the proposal from
Functioning of the European Union, and
the European Commission,
in particular Article 194(2) thereof,
After transmission of the draft
Having regard to the proposal from the
legislative act to the national
European Commission,
parliaments,
After transmission of the draft legislative
Having regard to the opinion of the
act to the national parliaments,
European Economic and Social
Having regard to the opinion of the
Committee,
European Economic and Social
Having regard to the opinion of the
Committee
1,
Committee of the Regions,
Having regard to the opinion of the
Acting in accordance with the
Committee of the Regions
2,
ordinary legislative procedure,
Acting in accordance with the ordinary
Whereas:
legislative procedure,
Whereas:
1
Additions by Council are marked in bold underline, deletions by [ ]
1
OJ C , , p. .
2
OJ C , , p. .
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Recital 1- AM 1
(1) The Union is committed to a
(1) The Union is committed to a
(1) The Union is committed to
sustainable, competitive, secure and
sustainable, competitive, secure and
developing a sustainable, competitive,
decarbonised energy system. The
decarbonised energy system
and to a secure and decarbonised energy system.
Energy Union and the Energy and
high level of human health
The Energy Union and the Energy and
Climate Policy Framework for 2030
protection. The Energy Union and
Climate Policy Framework for 2030
establish ambitious Union
the Energy and Climate Policy
establish ambitious Union commitments
commitments to reduce greenhouse
to reduce greenhouse gas emissions
gas emissions further (by at least
Framework for 2030 establish
further (by at least 40 % by 2030, as
40 % by 2030, as compared with
ambitious Union commitments to
compared with 1990), to increase the
1990), to increase the proportion of
reduce greenhouse gas emissions
proportion of renewable energy
renewable energy consumed (by at
further (by
80 to 95 % by
2050, as
consumed (by at least 27 %) and to make
least 27 %) and to make energy
compared with 1990), to increase the energy savings of at least 27 %,
savings of at least 27 %, reviewing
proportion of renewable energy
reviewing this level having in mind an
this level having in mind an Union
consumed
in accordance with
Union level of 30 %
3, and to improve
level of 30 %, and to improve
Directive .../2018/EU [on the
Europe’s energy security,
Europe’s energy security,
promotion of the use of energy from competitiveness and sustainability.
competitiveness and sustainability.
renewable sources, COD
(2016)0382] and to make energy
savings
in accordance with
Directive 2012/27/EU as amended
by Directive .. /2018/EU [COD
2016/0376] and to improve Europe’s
energy security, competitiveness,
affordability and sustainability.
3
EUCO 169/14, CO EUR 13, CONCL 5, Brussels 24 October 2014.
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(2) To reach these objectives, the
(2) To reach
[ ] those objectives, the
2016 review of the Energy Efficiency
2016 review of the Energy Efficiency
legislation combines: (i) reassessment
legislation combines
[ ] the reassessment
of the EU's energy efficiency target
of the EU's energy efficiency target for
for 2030 as requested by the
2030 as requested by the European
European Council in 2014; (ii) review
Council in
[ ] 2014, the review of the
of the core articles of the Energy
core articles of the Energy Efficiency
Efficiency Directive and the Energy
Directive and the Energy Performance of
Performance of Buildings Directive;
Buildings Directive
[ ] and the
(iii) reinforcing the enabling
reinforcement of the enabling financing
financing environment including the
environment including the European
European Structural and Investment
Structural and Investment Funds (ESIF)
Funds (ESIF) and the European Fund
and the European Fund for Strategic
for Strategic Investments (EFSI),
Investments (EFSI), which will ultimately
which will ultimately improve the
improve the financial conditions of
financial conditions of energy
energy efficiency investments on the
efficiency investments on the market.
market.
(3) Article 19 of Directive
(3) Article 19 of Directive 2010/31/EU
2010/31/EU of the European
of the European Parliament and of the
Parliament and of the Council
Council
4 requires the Commission to
requires the Commission to carry out
carry out a review by 1 January 2017 at
a review by 1 January 2017 at the
the latest, in the light of the experience
latest, in the light of the experience
gained and progress made during
[ ] the
gained and progress made during its
application
of that Directive, and if
application, and if necessary, to make
necessary, to make proposals.
proposals.
4
Directive 2010/31/EU of the European Parliament and of the Council of 19 May 2010 on the energy performance of buildings (OJ L 153,
18.6.2010, p. 13).
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(4) To prepare for this review, the
(4) To prepare for
[ ] that review, the
Commission took a series of steps to
Commission took a series of steps to
gather evidence on how Directive
gather evidence on how Directive
2010/31/EU has been implemented in
2010/31/EU has been implemented in the
the Member States, focusing on what
Member States, focusing on what works
works and what could be improved.
and what could be improved.
(5) The outcome of the evaluation
(5) The outcome of the
[ ] review and
and impact assessment indicated that
impact assessment indicated that a series
a series of amendments are required
of amendments are required to strengthen
to strengthen the current provisions of
the current provisions of Directive
Directive 2010/31/EU and to simplify
2010/31/EU and to simplify certain
certain aspects.
aspects.
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Recital 6- AM 2
(6) The Union is committed to
(6) The Union is committed to
(6) The Union is committed to
developing a secure, competitive and developing a secure, competitive and developing a
[ ] sustainable, competitive
,
decarbonised energy system by 2050. decarbonised energy system by 2050
. secure, and decarbonised energy system
To meet this goal, Member States and
by 2050
5. To meet this goal, Member
investors need milestones to ensure
To
achieve this goal,
it is vital that
States and investors need
[ ] measures
that buildings are decarbonised by
the existing building stock, which is that aim to reach the long-term
2050. In order to ensure this
responsible for about 36 % of all
greenhouse gas emission goal and
decarbonised building stock by 2050,
CO2 emissions in the Union, is
decarbonise the building stock by
[ ]
Member States should identify the
highly energy efficient and
2050. To that end, Member States should
intermediary steps to achieving the
decarbonised
up to nearly zero-
identify
[ ] indicative intermediary steps
[
mid-term (2030) and long-term
energy standard by 2050
. Member
] for the mid-term (2030) and
for the
(2050) objectives.
States should seek a cost-efficient
long-term (2050)
[ ] .
equilibrium between decarbonising
energy supplies and reducing final
energy consumption. To that end, Member States
and investors need a
clear vision to guide their policies
and investment decisions, which
includes well-defined national
milestones and actions for energy
efficiency to achieve the short-term
(2030), mid-term
(2040) and long-
term (2050) objectives.
5
Communication on an
Energy roadmap 2050, (COM(2011) 885 final).
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Recital 6a new- AM 3
(6a) The 2015 Paris Agreement on
climate change following the 21st
Conference of the Parties to the
United Nations Framework
Convention on Climate Change
(COP 21) must be reflected in the
Union's efforts to decarbonise its
building stock. Taking into account
that almost 50 % of Union's final
energy is used for heating and
cooling, of which 80 % is used in
buildings, achievement of Union’s
energy and climate goals strongly
depends on the Union’s efforts to
refurbish its building stocks by
giving priority to energy efficiency
and savings, making full use of the
‘energy efficiency first’ principle as
well as ensuring effective
deployment of renewables.
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Recital 7- AM 4
(7) The provisions on long-term
(7) The provisions on long-term
(7) The provisions on long-term
renovation strategies provided for in
renovation strategies provided for in renovation strategies provided for in
Directive 2012/27/EU of the
Directive 2012/27/EU of the
Directive 2012/27/EU of the European
European Parliament and of the
European Parliament and of the
Parliament and of the Council
6 should be
Council should be moved to Directive Council should be moved to
moved to Directive 2010/31/EU, where
2010/31/EU, where they fit more
Directive 2010/31/EU, where they fit they fit more coherently.
Member States
coherently.
more coherently
, and updated to
may use their long-term renovation
clarify the ambitions of a highly
strategies to address risks related to
intense seismic activity affecting energy
energy efficient and decarbonised
efficiency renovations and the lifetime
building stock. The long-term
of buildings.
renovation strategies and the
renovations they stimulate will boost
growth and competitiveness through
the creation of local, non-
outsourceable jobs, and provide
citizens with energy efficient,
healthy and safe buildings.
6
Directive 2012/27/EU of the European Parliament and of the Council of 25 October 2012 on energy efficiency, amending Directives
2009/125/EC and 2010/30/EU and repealing Directives 2004/8/EC and 2006/32/EC (OJ L 315, 14.11.2012, p. 1).
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Recital 7a new- AM 5
(7a) To facilitate the cost effective
achievement of the Union's climate
and energy goals as well as cost-
efficient renovations in buildings,
national long-term renovation
strategies should integrate
considerations for improvements to
health and indoor climate, including
by combining renovation with the
removal of asbestos and other
harmful substances, preventing the
illegal removal of harmful
substances, and facilitating
compliance with existing legislative
acts such as Directive
2009/148/EC1a and Directive (EU)
2016/22841b.
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Recital 7b new- AM 6
(7b) To achieve a highly energy
efficient and decarbonised building
stock, and to ensure that the long-
term renovation strategies will
deliver the necessary progress, in
particular by an increase in deep
renovations, Member States must
offer clear guidelines and outline
measurable, targeted actions,
including for the worst performing
segments of the national building
stock, for energy-poor consumers,
for social housing and for
households subject to split-incentive
dilemmas, while taking into
consideration affordability. To
further support the necessary
improvements in the national rental
stock, Member States should
consider the introduction or
continued application of
requirements for a certain level of
energy performance, according to
the energy performance certificates,
for rental properties.
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Recital 7c new - AM 7
(7 c) Taking into account the
Commission’s impact assessment,
specifying that renovation would be
needed at an average rate of 3 % to
cost-effectively accomplish the
Union’s ambitions for energy
efficiency, it is essential that
Member States specify their
expected output and contribution to
achieving the overall energy
efficiency target(s) in 2030 of [X %],
in accordance with Directive
2012/27/EU as amended by
Directive .. /2018/EU [COD
2016/0376] , taking into account
that every 1 % increase in energy
savings reduces gas imports by
2,6 % and thereby contributes
actively to the Union’s energy
independence.
Recital 7d new- AM 8
(7d) Ambitious goals for deep
renovation of the existing building
stock will create millions of jobs in
the Union, in particular in small
and medium-sized enterprises. In
that context, it is necessary for
Member States to provide a clear
link between their national long-
term renovation strategies and
adequate initiatives to promote skills
development and education in the
construction and energy efficiency
sectors.
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Recital 8- AM 9
(8) The agendas of the Digital
(8) The agendas of the Digital
(8) The agendas of the Digital Single
Single Market and the Energy Union Single Market and the Energy Union Market and the Energy Union should be
should be aligned and serve common should be aligned and serve common aligned and
should serve common goals.
goals. The digitalisation of the energy goals. The digitalisation of the
The digitalisation of the energy system is
system is quickly changing the
energy system is quickly changing
quickly changing the energy landscape,
energy landscape, from the
the energy landscape, from the
from the integration of renewables to
integration of renewables to smart
smart grids and smart-ready buildings. In
grids and smart-ready buildings. In
integration of renewables to smart
order to digitise the building sector,
order to digitise the building sector,
grids and smart-ready buildings.
This targeted incentives should be provided to
targeted incentives should be
offers new opportunities for energy
promote smart-ready systems and digital
provided to promote smart-ready
savings, by providing consumers
solutions in the built environment
.
systems and digital solutions in the
with more accurate information
built environment
.
about their consumption patterns,
and by enabling the system operator
to better manage the grid. In order to
digitise the building sector
and
promote a systemic development of
smart cities, targeted incentives
should be provided to promote
suitable and smart-ready systems
and digital solutions in the built
environment
while taking into
account the less digitally engaged
consumers. Those incentives should
take into account the Union’s
connectivity targets and ambitions
for deployment on high-capacity
communication networks, which are
a prerequisite for smart homes and
well-connected communities, also
ensuring that the development of
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such networks is not hampered by
building solutions that might
negatively affect connectivity.
Recital 9- AM 10
(9) In order to adapt this Directive (9) In order to adapt this Directive (9) In order to
[ ] ensure uniform
to the technical progress, the power to to the technical progress, the power
conditions for the implementation of
adopt acts in accordance with
to adopt acts in accordance with
this Directive, implementing powers on
Article 290 of the Treaty on the
Article 290 of the Treaty on the
the common European Union scheme
Functioning of the European Union
Functioning of the European Union
for rating the smart readiness of
should be delegated to the
(TFEU) should be delegated to the
buildings should be conferred on the
Commission to supplement it by
Commission to supplement it by
Commission. Those powers should be
defining the smartness indicator and
defining the smartness indicator and
exercised in accordance with
enabling its implementation. The
enabling its implementation
in
Regulation (EU) No 182/2011 of the
smartness indicator should be used to
accordance with the methodology
European Parliament and of the
measure buildings’ capacity to use
set out in this Directive. The
Council. The smartness indicator should
ICT and electronic systems to
smartness indicator should be
be used to measure buildings’ capacity to
optimise operation and interact with
coherent with energy performance
use ICT and electronic systems to
the grid. The smartness indicator will
certificates and should be used to
optimise operation and interact with the
raise awareness amongst building
measure buildings' capacity to use
grid. The smartness indicator
[ ] should
owners and occupants of the value
ICT and electronic systems to
raise awareness amongst building owners
behind building automation and
optimise operation
, performance,
and occupants of the value behind
electronic monitoring of technical
indoor comfort and interact with the building automation and electronic
building systems and will give
grid. The smartness indicator will
monitoring of technical building systems
confidence to the occupant about the raise awareness amongst building
and
[ ] should give confidence to
[ ]
actual savings of these new
owners and occupants of the value
occupants about the actual savings of
enhanced-functionalities.
behind building automation and
these new enhanced-functionalities.
The
electronic monitoring of technical
use of the scheme for rating the smart
building systems and will give
readiness of buildings should be
confidence to the occupant about the
voluntary for Member States.
actual savings of these new
enhanced-functionalities.
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(9a) In order to ensure consistency
with the Interinstitutional Agreement
on Better Law-Making of 13 April
2016, the provisions relating to the
power to adopt acts in accordance with
Article 290 of the Treaty on the
Functioning of the European Union
should be amended. It is of particular
importance that the Commission carry
out appropriate consultations during
its preparatory work, including at
expert level, and that those
consultations be conducted in
accordance with the principles laid
down in the Interinstitutional
Agreement on Better Law-Making of
13 April 2016. In particular, to ensure
equal participation in the preparation
of delegated acts, the European
Parliament and the Council receive all
documents at the same time as Member
States' experts, and their experts
systematically have access to meetings
of Commission expert groups dealing
with the preparation of delegated acts.
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Recital 10- AM 11
(10) Innovation and new technology (10) Innovation and new
(10) Innovation and new technology
also make it possible for buildings to technology also make it possible for
also make it possible for buildings to
support the overall decarbonisation of buildings to support the overall
support the overall decarbonisation of the
the economy. For example, buildings decarbonisation of the economy
,
economy. For example, buildings can
[ ]
can leverage the development of the
including the transport sector. For
be leveraged for the development of the
infrastructure necessary for the smart example, buildings can leverage the
infrastructure necessary for the smart
charging of electric vehicles also
development of the infrastructure
charging of electric vehicles
and also
provide a basis for Member States, if necessary for
deployment of the
provide a basis for Member States, if they
they choose to, to use car batteries as smart charging of electric vehicles
choose to, to use car batteries as a source
a source of power. To reflect this aim,
and also provide a basis for Member of power.
[ ]
the definition of technical building
States, if they choose to, to use car
systems should be extended.
batteries as a source of power
. To
reflect this aim, the definition of
technical building systems should be
extended.
Recital 10a new- AM 12
(10a) Pre-cabling and pre-tubing
(10a) Combined with an increased
set the right conditions for the rapid share of renewable electricity
deployment of recharging points if
production, electric vehicles produce
and where needed. Member States
less carbon emissions and result in
should therefore ensure the
better air quality. Electric vehicles
development of electro-mobility in a constitute a key component of a clean
balanced and cost-effective way. In
energy transition based on energy
particular, where a major
efficiency measures, alternative fuels,
renovation touching upon electric
renewable energies and innovative
infrastructure takes place, adequate energy flexibility management
roll out of pre-cabling and pre-
solutions. Building codes can be
tubing should follow with a view to
effectively leveraged through the
introduction of targeted requirements
providing the sufficient cabling,
to support the deployment of the
tubing and electric power within the recharging infrastructure in car parks
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meaning of Directive 2014/94/EU
of residential and non-residential
for the installation of recharging
buildings. Member States should also
points in parking spaces.
provide for measures to simplify the
deployment of recharging
infrastructure with a view to
addressing barriers such as split
incentives and administrative
complications which individual owners
encounter when trying to install a
recharging point on their parking
space.
Recital 10b new- AM 13
(10b) A clear vision for a
(10b) Readily available infrastructure
decarbonised building stock by 2050 will decrease the costs of installation of
requires a high level of ambition.
recharging points for individual
When the energy use will be brought owners and ensure electric vehicle
closer to zero the share of embodied users have access to recharging points.
energy will be more decisive in the
Establishing requirements for electro-
whole life-cycle of the buildings.
mobility at Union level concerning the
The future vision for a decarbonised pre-equipment of parking spaces and
building stock should include the
the installation of charging points is an
embodied energy in buildings.
effective way to promote electric
Therefore building with wood is
vehicles in the near future while
positive for the climate.
enabling further developments at
reduced costs in the medium to long-
term.
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Recital 10c new- AM 14
(10c) Research into, and the testing
of, new solutions for optimising the (10c) However, some geographical
energy performance of historical
areas with specific vulnerabilities may
buildings and sites should be
face specific difficulties in fulfilling the
encouraged, while also
requirements on electro-mobility. This
safeguarding and preserving
could be the case for the outermost
cultural heritage.
regions within the meaning of Article
349 TFEU, due to their remoteness,
insularity, small size, difficult
topography and climate, as well as
micro isolated systems, whose
electricity grid might need to evolve to
cope with a further electrification of
local transport. In such cases, Member
States should be allowed not to apply
the requirements on electro-mobility.
Notwithstanding this derogation, the
electrification of transport may be a
powerful tool to address air quality or
security of supply problems which
these regions and systems often face.
Recital 10d new- AM 15
(10d) Member States should take
into account that innovation and
new technology ask for enhanced
investments in education and skills,
which are necessary for the
successful implementation of such
technologies.
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Recital 10e new - AM 16
(10e) This Directive can hardly
prejudge development and
innovation in the field of electronic
mobility, buildings or smart systems.
Therefore the principle of
technology neutrality should apply
throughout this Directive.
Recital 10f new- AM 17
(10f) Nature-based solutions, such
as well-designed street vegetation,
green roofs and walls providing
insulation and shade to buildings
reduce energy demand by limiting
the need for heating and cooling
and improving a building’s energy
performance.
Recital 10g new- AM 18
(10g) The requirements for electro-
mobility infrastructure set out in
this Directive should form part of a
holistic strategic urban planning in
Member States to promote
alternative, safe and sustainable
modes of transport and applying a
coherent approach to the electrical
infrastructure by providing for
example dedicated parking
infrastructure for electrical bicycles
and for people of reduced mobility.
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Recital 11- AM 19
(11) The impact assessment
(11) The impact assessment
(11) The impact assessment identified
identified two existing sets of
identified existing provisions, whose two existing sets of provisions, whose
provisions, whose aim could be
aim could be achieved in a more
aim could be achieved
[ ] more
achieved in a more efficient manner
efficient manner compared to the
efficiently. First
, the obligation
[ ] to
compared to the current situation.
current situation. Provisions related
carry out a feasibility study on highly
[ ]
First the obligation, before any
to inspections of heating systems and
efficient alternative systems
[ ] before
construction starts, to carry out a
air-conditioning systems were found
starting any construction, is an
feasibility study on highly-efficiency to not sufficiently ensure, in an
unnecessary burden. Second, provisions
[
alternative systems becomes an
efficient manner, the initial and
] concerning the inspections of heating
unnecessary burden. Second,
maintained performance of these
systems and air-conditioning systems
provisions related to inspections of
technical systems.
Furthermore,
were found to
be inefficient in that they
heating systems and air-conditioning cheap technical solutions with very
did not sufficiently ensure
[ ] the initial
systems were found to not
short payback periods, such as
and
[ ] continued performance of these
sufficiently ensure, in an efficient
hydraulic balancing of the heating
technical systems. Even cheap
energy
manner, the initial and maintained
system and installation/replacement
efficiency technical solutions with very
performance of these technical
of thermostatic control valves, are
short payback periods, such as hydraulic
systems. Even cheap technical
insufficiently considered today
and
balancing of the heating system and
solutions with very short payback
should be explored further,
installation/replacement of thermostatic
periods, such as hydraulic balancing
including as solutions for assisting
control valves, are insufficiently
of the heating system and
energy-poor consumers. Provisions
considered today.
[ ] The provisions on
installation/replacement of
related to inspections are amended to inspections
[ ] should be amended to
thermostatic control valves, are
ensure a better result from
ensure a better result from inspections
.
insufficiently considered today.
inspections.
Those amendments should place the
Provisions related to inspections are
focus of inspections on central heating
amended to ensure a better result
and air conditioning systems, and
from inspections.
should exclude small heating systems
such as electric heaters and wood
stoves.
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Recital 11a new- AM 20
(11a) For new buildings, Member
States should ensure that, before
construction starts, the technical,
environmental and economic
feasibility of high-efficiency
alternative systems is taken into
account. Such systems could include
decentralised energy supply systems
based on energy from renewable
sources or waste heat; cogeneration;
district or block heating or cooling
and heat pumps.
Recital 11b new- AM 21
(11b) The 2009 WHO guidelines
provide that, concerning indoor air
quality, better performing buildings
provide higher comfort levels and
wellbeing for their occupants and
improve health. Thermal bridges,
inadequate insulation and
unplanned air pathways can result
in surface temperatures below the
dew point of the air and in
dampness. It is therefore essential to
ensure a complete and
homogeneous insulation of the
building including balconies,
fenestrations, roofs, walls, doors
and floor.
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Recital 12- AM 22
(12) Notably for large installations, (12) Building automation
, facility
(12)
[ ] Building automation and
building automation and electronic
management and electronic
electronic monitoring of technical
monitoring of technical building
monitoring of technical building
building systems have proven to be an
systems have proven to be an
systems
holds great potential to
effective replacement for inspections
, in
effective replacement for inspections.
provide cost-effective and
particular for large systems. The
The installation of such equipment
significant energy savings for both
installation of such equipment should be
should be considered as the most
consumers and businesses. For
considered as the most cost-effective
cost-effective alternative to
large installations in particular,
alternative to inspections in large non-
inspections in large non-residential
building automation and electronic residential and
[ ] multi-apartment
and multifamily buildings of a
monitoring of technical building
buildings of a sufficient size that allow a
sufficient size that allow a payback of
systems have proven to be effective
payback of less than three years
[ ] . For
less than three years. The current
and can, in some cases, replace
small scale installations, the
possibility to opt for alternative
inspections in large non-residential
documentation of the system performance
measures is therefore deleted. For
and multifamily buildings of a
by installers
[ ] will support the
small scale installations, the
sufficient size that allow a payback
verification of compliance with the
documentation of the system
of less than three years
as it enables
minimum requirements set for all
performance by installers and the
acting on the information provided, technical building systems
[ ].
registration of this information in the
thereby securing energy savings
databases on energy performance
over time. The current possibility to
certification will support the
opt for alternative measures is
verification of compliance with the
therefore deleted
, however it should
minimum requirements set for all
be possible to exempt technical
technical building systems and
systems explicitly covered by an
reinforce energy performance
ESCO programme from the
certificates role. In addition, existing
inspection requirement. To avoid
regular safety inspections and
double inspections, installations that
programmed maintenance work will
are operated by a utility or network
remain an opportunity to provide
operator and that are subject to
direct advice on energy efficiency
inspections at the system level
improvements.
should be exempt from this
requirement. For small-scale
installations, the documentation of
the system performance by installers
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and the registration of this
information in the databases on
energy performance certification will
support the verification of
compliance with the minimum
requirements set for all technical
building systems and reinforce
energy performance certificates
(EPC) role. In addition, existing
regular safety inspections and
programmed maintenance work will
remain an opportunity to provide
direct advice on energy efficiency
improvements.
Recital 12a new- AM 23
(12 a) Member States should ensure
that energy performance upgrades
of existing buildings also contribute
to achieving a healthy indoor
environment, including by the
removal of asbestos and other
harmful substances and by avoiding
problems such as mould, as well as
safeguarding the fundamental
safety structures of the buildings, in
particular in relation to fire safety
and seismic safety.
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Recital 12b new - AM 24
(12b) It is important to ensure that
measures to improve the energy
performance of buildings do not
focus only on the building envelope,
but include all elements and
technical systems in a building.
(12a) The implementation of regular
inspection schemes of heating and air
conditioning systems under Directive
2010/31/EU involved a significant
administrative and financial
investment by Member States and the
private sector, including training and
accreditation of experts, quality
assurance and control, and the costs of
inspections. Member States that have
adopted the necessary measures to
establish regular inspections, and that
have implemented effective inspection
schemes, may find appropriate to
continue to operate those schemes,
including for smaller heating and air
conditioning systems. In such cases,
there should be no obligation for
Member States to notify those more
stringent requirements to the
Commission.
Recital 13- AM 25
(13) To ensure their best use in
(13) To ensure their best use in
(13) To ensure
[ ] that financial
building renovation, financial
building renovation,
public financial
measures related to energy efficiency measures related to energy efficiency
are
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measures related to energy efficiency should be linked to the depth of the
applied in the best way in building
should be linked to the depth of the
renovation
and promote holistic
renovation, they should be linked to
[ ]
renovation, which should be assessed
building renovations as the best way the quality of the renovation works.
by comparing energy performance
of ensuring high energy
Those measures should therefore be
certificates (EPCs) issued before and
performance and improved indoor
linked to the performance of the
after the renovation.
comfort. Such renovations should be
equipment or material used for the
assessed by comparing energy
renovation, and to the level of
performance certificates (EPCs)
certification or qualification of the
issued before and after the renovation
installer, or to the improvement
where proportionate to the extent of achieved due to the renovation, which
the renovation, or by similar
should be assessed by comparing energy
adequate and proportionate
performance certificates (EPCs) issued
documentation methods.
before and after the renovation
, or
another transparent and proportionate
method.
Recital 13a new- AM 26
(13a) Financial mechanisms and
incentives should have a central
position in the national long-term
renovation strategies and be actively
promoted by Member States,
including by facilitating energy
efficient mortgage standards for
certified energy efficient building
renovations, promoting investments
for public authorities in an energy
efficient building stock, such as by
clarifying accounting standards for
public investments, and by providing
accessible and transparent advisory
tools for consumers on their
financing options for energy
efficient renovations in buildings.
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Recital 13 b new- AM 27
(13b) Mechanisms to finance
energy-efficient new buildings, as
well as energy efficiency measures
in the building stock, should come
from private, public-private and
public sources. For private
investments, the risk for investments
in the modernisation of the building
stock should be reduced. Public-
private partnerships should
especially be taken into
consideration for energy efficiency
measures in public buildings to
decrease the financial burden on
smaller and financially weaker
cities, regions and Member States.
Further, Member States should
encourage energy efficiency
measures, especially in social
housing and housing for the
weakest market participants, by
public financial support for which
Union funds could be used.
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Recital 13c new - AM 28
(13c) Where the energy
performance certificate attests to the
fact that a building’s energy
performance has improved, it
should be possible to include the
certification costs in the incentive
provided by the Member State
concerned.
Recital 14- AM 29
(14) Access to financing is easier
(14) Access to financing is easier
[ ]
when good-quality information is
when good-quality information is
available. Public buildings with a
available. Public buildings
that are
total useful floor area over 250 m²
owned by the State, region or
should therefore be required to
municipality or that are privately
disclose their actual energy
owned for public use, with a total
consumption.
useful floor area over 250 m² should
therefore be required to disclose their
actual energy consumption.
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Recital 15- AM 30
(15) The current independent
(15) The current independent
(15) The current independent control
control systems for EPCs should be
control systems for EPCs should be
systems for EPCs
can be used for
strengthened to ensure certificates are strengthened to ensure certificates are
compliance checking and should be
of good quality, can be used for
of good quality, can be used for
strengthened to ensure certificates are of
compliance checking and for
compliance checking and for
good quality
[ ] . Where the independent
producing statistics on the
producing
harmonised statistics on
control systems for EPCs is
regional/national building stocks.
the
local/regional/national building
complemented by a database, going
High-quality data on the building
stocks. High-quality data on the
beyond the requirements of this
stock is needed and this could be
building stock is needed and this
Directive, it can be used for compliance
partially generated by the registers
could be partially generated by the
checking and for producing statistics on
and databases that almost all Member registers and databases that almost all the regional/national building stocks.
States are currently developing and
Member States are currently
High-quality data on the building stock is
managing for EPCs.
developing and managing for EPCs.
needed and this could be partially
generated by the
[ ] databases that almost
all Member States are currently
developing and managing for EPCs.
Recital 16 - AM 31
(16) To meet the objectives of
(16) To meet the objectives of
(16) To meet the objectives of energy
energy efficiency policy for
energy efficiency policy for
efficiency policy for buildings, the
buildings, the transparency of EPCs
buildings, the transparency of EPCs
transparency of EPCs should be improved
should be improved by ensuring that
should be improved by ensuring that by ensuring that that all necessary
that all necessary parameters for
that all necessary parameters for
parameters for calculations, for both
calculations, for both certification and calculations, for both certification
certification and minimum energy
minimum energy performance
and minimum energy performance
performance requirements, are set out and
requirements, are set out and applied requirements, are set out and applied applied consistently. Member States
consistently. Member States should
consistently. Member States should
should
[ ] adopt adequate measures to
put in place adequate measures to
put in place adequate measures to
ensure, for example, that the performance
ensure, for example, that the
ensure, for example, that the
of installed, replaced or updated
performance of installed, replaced or performance of installed, replaced or
upgraded technical building systems
for
updated technical building systems is updated technical building systems is
space heating, air conditioning or
documented in view of building
documented in view of building
water heating is documented in view of
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link to page 30
certification and compliance
certification and compliance
building certification and compliance
checking.
checking.
With a view to ensuring a checking.
well-functioning EPC system, the
Commission should, when reviewing
the application of this Directive,
assess the need for further
harmonisation of EPCs.
Recital 16a new- AM 32
(16a) Recognition, promotion and
application of the now finalised set
of CEN EPBD standards across the
Member States would have a
positive impact on the revision of
this Directive.
Recital 17- AM 33
(17) Commission Recommendation (17) Commission Recommendation (17) Commission Recommendation
(EU) 2016/1318 of 29 July 2016 on
(EU) 2016/1318 of 29 July 2016 on
(EU) 2016/1318 of 29 July 2016 on
nearly zero-energy buildings
nearly zero-energy buildings
nearly zero-energy buildings
[ ]
presented how the implementation of presented how the implementation of
described how the implementation of
[ ]
the Directive could simultaneously
the Directive could simultaneously
this Directive could simultaneously
ensure the transformation of the
ensure the transformation of the
ensure the transformation of the building
building stock and the shift to a more building stock and the shift to a more stock and the shift to a more sustainable
sustainable energy supply, which also sustainable energy supply, which
energy supply, which also supports the
supports the heating and cooling
also supports the heating and cooling heating and cooling strategy
7. To make
strategy. To make sure appropriate
strategy. To make sure appropriate
sure appropriate implementation takes
implementation takes place, the
implementation takes place, the
place, the general framework for the
general framework for the calculation general framework for the calculation calculation of the energy performance of
of the energy performance of
of the energy performance of
buildings should be updated with the
buildings should be updated with the buildings should be updated with the support of the work elaborated by the
support of the work elaborated by the support of the work elaborated by the European Committee for Standardisation
7
COM(2016) 51 final
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European Committee for
European Committee for
(CEN), under Mandate M/480
[ ] from
Standardisation (CEN), under
Standardisation (CEN), under
the European Commission.
Mandate M/480 that was given by the Mandate M/480 that was given by
European Commission.
the European Commission.
Calculations of energy performance
of buildings should be applied
pursuing the optimal energy
performance, in accordance with
the principle of “energy efficiency
first” and while expressed in a
numeric indicator of primary energy
use in kWh/(m².y), Member States
should supplement this by providing
an additional numeric indicator for
the entire building’s overall energy
needs.
(18) The provisions of this
(18) The provisions of this Directive
Directive should not prevent Member
should not prevent Member States from
States from setting more ambitious
setting more ambitious energy
energy performance requirements at
performance requirements
[ ] for
building level and for building
buildings and for building elements as
elements as long as such measures are
long as such
[ ] requirements are
compatible with Union law. It is
compatible with Union law. It is
consistent with the objectives of this
consistent with the objectives of this
Directive and of Directive
Directive and of Directive 2012/27/EC
2012/27/EC that these requirements
that these requirements may, in certain
may, in certain circumstances, limit
circumstances, limit the installation or use
the installation or use of products
of products subject to other applicable
subject to other applicable Union
Union harmonisation legislation,
harmonisation legislation, provided
provided that such requirements should
that such requirements should not
not constitute an unjustifiable market
constitute an unjustifiable market
barrier.
barrier.
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Recital 19- AM 34
(19) The objectives of this
(19)
Since the objectives of this
(19)
[ ] Since the objectives of this
Directive, namely to reduce the
Directive, namely to reduce the
Directive, namely to reduce the energy
energy needed to meet the energy
energy needed to meet the energy
needed to meet the energy demand
demand associated with the typical
demand associated with the typical
associated with the typical use of
use of buildings, cannot be
use of buildings, cannot be
buildings, cannot be
[ ] sufficiently
adequately achieved by the Member
sufficiently achieved by the Member achieved by the Member States
[ ] but
States acting alone. The objectives of States
but can rather, by reason of
can rather, by reason of the guaranteed
the Directive can be more effectively
the need to ensure consistency of the consistency
of shared objectives,
ensured by acting at Union level
shared objective, understanding and understanding and political drive
[ ] , be
because this guarantees consistency
political drive, be better achieved at
better achieved at Union level, the
shared objectives, understanding and Union level the Union
may adopt
Union
[ ] may adopt measures in
political drive. Therefore, the Union
measures
, in accordance with the
accordance with the principle of
adopts measures in accordance with
principle of subsidiarity as set out in subsidiarity as set out in Article 5 of the
the principle of subsidiarity as set out Article 5 of the Treaty on the
Treaty on the European Union. In
in Article 5 of the Treaty on the
European Union. In accordance with accordance with the principle of
European Union. In accordance with
the principle of proportionality, as set proportionality
[ ] as
[ ] set out in that
the principle of proportionality, as
out in that Article, this Directive does Article, this Directive does not go beyond
also set out in that Article, this
not go beyond what is necessary
in
what is necessary to achieve those
Directive does not go beyond what is
order to achieve those objectives.
objectives.
necessary to achieve those objectives.
This Directive fully respects the
Member States’ national specifics
and differences and their
competences in accordance with
Article 194(2) TFEU. Further, the
objective of this Directive is to allow
the sharing of best practices in order
to facilitate the transition to a highly
energy efficient building stock in the
Union,
(20) In accordance with the Joint
(20) In accordance with the Joint
Political Declaration of
Political Declaration of 28 September
28 September 2011 of Member States
2011 of Member States and the
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link to page 33
and the Commission on explanatory
Commission on explanatory documents
8,
documents, Member States have
Member States have undertaken to
undertaken to accompany, in justified
accompany, in justified cases, the
cases, the notification of their
notification of their transposition
transposition measures with one or
measures with one or more documents
more documents explaining the
explaining the relationship between the
relationship between the components
components of a directive and the
of a directive and the corresponding
corresponding parts of national
parts of national transposition
transposition instruments. With regard to
instruments. With regard to this
this Directive, the legislator considers the
Directive, the legislator considers the
transmission of such documents to be
transmission of such documents to be
justified.
justified.
(21) Directive 2010/31/EU should
(21) Directive 2010/31/EU should
therefore be amended accordingly,
therefore be amended accordingly,
HAVE ADOPTED THIS
DIRECTIVE:
HAVE ADOPTED THIS DIRECTIVE:
8
OJ C 369, 17.12.2011, p. 14.
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ARTICLES
Article 1 – paragraph 3 – subparagraph 1 a (new) - AM 35
(-1) in Article 1(3), the following
subparagraph is added:
“Member States may apply the
minimum requirements for the
overall energy performance of
buildings to a whole district instead
of to a single building, to allow an
integrated approach to the district’s
energy and mobility system within
the scope of a holistic refurbishment
scheme, provided that each building
achieves the minimum requirement
for the overall energy
performance."
Article 2 – paragraph 1 – point 3 - AM 36
Directive 2010/31/EU is amended as
Directive 2010/31/EU is amended as
follows:
follows:
(1) in Article 2, point 3 is replaced
(1) in Article 2, point 3 is replaced by
by the following:
the following:
‘3. ‘technical building system’
3.
‘technical building system’
‘3. ‘technical building system’ means
means technical equipment for space means technical equipment for space technical equipment for space heating,
heating, space cooling, ventilation,
heating, space cooling, ventilation,
space cooling, ventilation, domestic hot
domestic hot water, built-in lighting,
management of indoor air quality,
water, built-in lighting, building
building automation and control, on-
domestic hot water, built-in
indoor
automation and control, on-site electricity
site electricity generation, on-site
and outdoor lighting
systems, solar
generation,
[ ] or a combination of such
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infrastructure for electro-mobility, or
shading, elevators and escalators,
systems, including those
systems using
a combination of such systems,
building automation and control,
energy from renewable sources, of a
including those using energy from
building data transmission and
building or building unit;’;
renewable sources, of a building or
storage, on-site electricity generation
building unit;’;
and storage, on-site infrastructure for
electro-mobility, or a combination of
such systems, including those using
energy from renewable sources, of a
building or building unit;
Article 2 – paragraph 1 – point 3 a (new) AM 37
(1a) in Article 2, the following
point is inserted:
(
1a) in Article 2, the following points
are inserted:
“(3a) ‘trigger point’ means an
opportune moment, for example
from a cost-effectiveness, cost-
efficiency or disruption perspective,
in the life cycle of a building for
carrying out energy efficiency
renovations;”
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‘15a. ‘heating system’ means a
combination of the components
required to provide a form of indoor
air treatment, by which 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:
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(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, water or
ground heat source(s) using a heat
pump‘;
Article 2 – paragraph 1 – point 3 b (new) - AM 38
(1b) in Article 2, the following
point is inserted:
“(3b) ‘building renovation passport’
means a long-term roadmap, which
is based on quality criteria and
follows an energy audit, and which
outlines relevant measures and
renovations that would improve the
energy performance of a specific
building;”
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Article 2 – paragraph 1 – point 3 c (new) - AM 39
(1c) in Article 2, the following
point is inserted:
“(3c) ‘building automation and
control system’ means a system
comprising all products, software
and engineering services for
automatic controls including
interlocks, monitoring, optimisation,
for operation, human intervention
and management to achieve energy-
efficient, economical and safe
operation of technical building
systems;”
Article 2 – paragraph 1 – point 3 d (new) - AM 40
(1d) in Article 2, the following
point is inserted:
“3d. ‘passive element’ means a
building envelope element or other
elements which participate to
passive techniques that aim to
reduce the energy needs for heating
or cooling and the energy use for
lighting and ventilation and hence
improve thermal and visual
comfort;”
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Article 2 – paragraph 1 – point 17 AM 41
17.
‘effective rated output’
(1e) In Article 2, point 17, is
means the maximum calorific
replaced by the following:
output, expressed in kW, specified “17.
‘effective rated output’ means
and guaranteed by the
the maximum calorific output,
manufacturer as being deliverable expressed in kW, specified and
during continuous operation while guaranteed by the manufacturer as
complying with the useful
being deliverable during continuous
operation while complying with the
efficiency indicated by the
useful efficiency indicated by the
manufacturer;
manufacturer
, where:
(a) ‘full load’ means maximal
capacity demand of technical
building systems for space heating,
space cooling, ventilation and
domestic hot water; and
(b) ‘part load’ means part of full-
load capacity representing average
operating conditions;"
‘(20) ‘micro isolated system’ means any
system with consumption less than 500
GWh in the year 1996, where there is
no connection with other systems.’;
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Article 2 – paragraph 1 – point 19 a (new) - AM 42
(1f) in Article 2, the following
point is added:
‘(19a) ‘decarbonised building stock’
means a building stock performing
(2) The following Article [ ]
is
to nearly zero-energy building level inserted [ ]
:
and which is energy efficient to the
maximum of its potential.’
Article 2a – paragraph 1 AM 43
‘Long-term renovation strategy’
(a) the first paragraph consists of
(a)
the following paragraph 1 is
1.
Member States shall establish a
Article 4 of the Directive 2012/27/EU
inserted:
long-term strategy for mobilising
on energy efficiency, other than its
investment in the renovation of the
last subparagraph;
'1. Member States shall establish national stock of residential
[ ]and non-
a long-term strategy for the
residential buildings, both public and
Member States shall establish a long-
transformation of the national stock private. This strategy shall encompass:
term strategy for mobilising
of residential and commercial
investment in the renovation of the
buildings, both public and private,
national stock of residential and
into a highly energy efficient and
commercial buildings, both public
decarbonised building stock by
and private. This strategy shall
2050. The strategy shall include
encompass:
actions for mobilising investment to
facilitate renovation needed to
achieve the 2050 goals. That
strategy shall encompass:
(a) an overview of the national
(a) an overview of the national
(a) [ ] an overview of the national
building stock based, as appropriate,
building stock including relevant
building stock based, as appropriate, on
on statistical sampling
building typologies, based, as
appropriate, on statistical sampling; statistical sampling
and expected share
of refurbished buildings in 2020;
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(b) identification of cost-effective
(b) identification of cost-effective (b) [ ] identification of cost-effective
approaches to renovations relevant to
approaches and actions to stimulate approaches to renovations relevant to the
the building type and climatic zone;
technology neutral renovations
building type and climatic zone;
relevant to the building type and
climatic zone, considering relevant
trigger points in the life-cycle of the
building;
(c) policies and measures to stimulate
(c) policies and actions to
(c) policies and measures to
cost-effective deep renovations of
stimulate cost-effective deep
stimulate cost-effective deep
buildings, including staged deep
renovations of buildings, including
renovations of buildings, including
renovations;
staged deep renovations and
staged deep renovations;
decarbonisation of the heating and
cooling demand, for example by
introducing a scheme for building
renovation passports;
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(d) policies and actions to support
targeted low-cost energy efficiency
measures and renovations;
(e) policies and actions to target
the worst performing segments of
the national building stock,
households subject to energy poverty
and households subject to split-
incentive dilemmas as well as multi-
family dwellings facing challenges
to conduct renovations, while taking
into consideration affordability;
(f) policies and actions to target
all public buildings, including social
housing;
(g) policies and actions aiming to
accelerate technological transition
towards smart and well-connected
buildings and communities as well
as the deployment of very high-
capacity networks;
(h) an overview of national
initiatives to promote skills and
education in the construction and
energy efficiency sectors as well as
education in both passive elements
and smart technologies;
(d) a forward-looking perspective to
(i)
a forward-looking perspective (d) a forward-looking perspective to
guide investment decisions of
to guide investment decisions of
guide investment decisions of
individuals, the construction industry
individuals, the construction
industry, public institutions
individuals, the construction industry
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and financial institutions;
including municipalities, housing
and financial institutions;
cooperatives and financial
institutions;
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(e) an evidence-based estimate of
(j)
an evidence-based estimate of (e) an evidence-based estimate of
expected energy savings and wider
expected energy savings and wider
expected energy savings and wider
benefits.
benefits, such as those related to
health, safety and air quality.
benefits.
The development and
implementation of Member States’
long-term renovation strategies
shall be supported by structured,
permanent stakeholder platforms,
including representatives from local
and regional communities, social
dialogue representatives including
employees, employers, SMEs and
the construction sector, as well as
minority representatives.
(2) after Article 2, an Article 2a
‘Long-term renovation strategy’, to
be submitted in accordance with the
integrated national energy and
climate plans of the Regulation (EU)
XX/20XX [Governance of the Energy
Union], is inserted:
(a) the first paragraph consists of
Article 4 of the Directive 2012/27/EU
on energy efficiency, other than its
last subparagraph;
(b) the following paragraphs 2 and
3 are inserted:
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Article 2a – paragraph 2 – subparagraph 2 AM 44
2. In their long-term renovation
In their long-term renovation
[ ] 2. In their long-term renovation
strategy referred to in paragraph 1,
strategies referred to in paragraph 1, strategy
[ ] Member States shall set out a
Member States shall set out a
Member States shall set out a
roadmap with
[ ] measures
that aim, with
roadmap with clear milestones and
roadmap with clear milestones and
a view to
[ ] the long-term 2050 goal
[ ]
measures to deliver on the long-term
actions to deliver on the long-term
of reducing greenhouse gas emissions
2050 goal to decarbonise their
2050 goal to
ensure a highly energy in the Union by 80-95 % compared to
national building stock, with specific
efficient and decarbonised national
1990, to ensure a highly energy
milestones for 2030.
building stock, with specific
efficient and decarbonised national
milestones for 2030
and 2040 as well building stock
[ ] . The roadmap shall
as measurable progress indicators.
include indicative milestones for
[ ] 2030
and 2050.
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link to page 46
Article 2a – paragraph 2 – subparagraph 1 a (new) - AM 45
In their long-term renovation
strategies, Member States shall
specify how their milestones
contribute to achieving the Union's
energy efficiency target(s) in 2030
of [X %], in accordance with
Directive 2012/27/EU, as amended
by Directive .. /2018/EU [COD
2016/0376], and the Union's target
to reduce greenhouse gas emissions
by 80 to 95 % by 2050.
Article 2a – paragraph 2 – subparagraph 2 - AM 46
In addition, the long term renovation In addition, the long term renovation In addition, the long
-term renovation
strategy shall contribute to the
strategies shall
outline relevant
strategy shall
[ ] take into account the
alleviation of energy poverty.
actions that contribute to the
alleviation of energy poverty
while
need to alleviate energy poverty
[ ] , in
accordance with the criteria to be
supporting equal access to financing
tools for energy efficiency
defined by Member States.9
renovations for vulnerable
households.
9
Subject to the outcome of the discussions on Directive [XXXX] on common rules for the internal market in electricity, Article 29 of that
Directive may be cross-referenced. In addition, recitals 40 or 41 of that Directive should be supplemented with a clarification that energy
policy is considered as a potential contribution to mitigating energy poverty in general and not as its cause.
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Article 2a – paragraph 3 - AM 47
3.
To guide investment decisions 3.
To
enable and guide
3.
To guide investment decisions as
as referred to in point (d) in
investment decisions as referred to in referred to in point (d)
[ ] of paragraph 1,
paragraph 1, Member States shall
paragraph 1, Member States shall
Member States shall
[ ] consider the
introduce mechanisms for:
introduce
or sustain mechanisms for:
introduction of mechanisms for:
(a) the aggregation of projects, to
(a) the aggregation of projects,
(a) the aggregation of projects, to
make it easier for investors to fund
including by investment platforms,
make it easier for investors to fund the
the renovations referred to in points
to make it easier for investors to fund renovations referred to in points (b) and
(b) and (c) in paragraph 1;
the renovations referred to in
paragraph 1;
(c)
[ ] of paragraph 1;
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(b) de-risking energy efficiency
(b)
the reduction of the perceived (b)
[ ] reducing the perceived risk of
operations for investors and the
risk of energy efficiency operations
energy efficiency operations for investors
private sector; and
for investors and the private sector
,
such as by subjecting the factor for
and the private sector; and
collateral with certified energy
efficiency renovations to lower risk
weighting in capital requirements;
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(c) the use of public funding to
(c) the use of public funding to
(c) the use of public funding to
leverage additional private-sector
leverage additional private-sector
leverage additional private-sector
investment or address specific market investment
, including within the
investment or address specific market
failures.’;
framework of the Smart Finance for
Smart Buildings Initiative, or
failures.
address specific market failures;
(c a) in line with current Eurostat
guidance and clarifications within
the framework of ESA 2010, the
guidance of investments into an
energy efficient public building
stock and clarification on the
interpretation of accounting rules,
to support a holistic approach to
public authorities investments;
(c b) the support for project
development assistance as well as
the facilitation of aggregation of
small and medium sized enterprises
in groups and consortia to enable
packaged solutions for potential
clients; and
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(c c) the establishment of
accessible and transparent advisory
tools, such as one-stop-shops for
consumers and energy advisory
services informing on energy
efficiency renovations, and available
financial instruments for energy
efficiency renovations in buildings.
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Article 2a – paragraph 3 a (new) AM 48
3a. The Commission shall make
recommendations for Member
States based on the collection and
dissemination of best practices on
successful public and private
financing schemes for energy
efficiency renovations as well as
information on schemes for the
aggregation of small-scale energy
efficiency renovation projects. The
Commission shall furthermore
provide Member States with
recommendations on financial
incentives to renovate from a
consumer perspective taking into
account cost-efficiency differences
between Member States;
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Article 2a – paragraph 3 b(new) AM 49
3b. Each Member State shall
carry out a public consultation
including all relevant stakeholders,
for a duration of at least three
months on the draft long-term
renovation strategy prior to the
submission of its long-term
renovation strategy to the
Commission. Each Member State
shall publish a summary of the
results of its public consultation as
an annex to its long-term renovation
strategy.
4.
Member States may use their
long-term renovation strategies to
address risks related to intense seismic
activity affecting energy efficiency
renovations and the lifetime of
buildings.’;
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Article 2a – paragraph 3 c (new) - AM 50
3c. Each Member State shall
include details of the
implementation of its long-term
renovation strategy, including on
the planned policies and actions, in
accordance with the reporting
obligations [Article 19 (a)] of
Regulation ... of the European
Parliament and of the Council of ...
[on the Governance of the Energy
Union (2016/0375(COD) (the
Governance Regulation)), as a part
of its integrated national energy and
climate progress report.
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'Article 6
New buildings
Article 6 – paragraph 1 – subparagraph 2 - AM 51
(3) Article 6 is amended as
(3) Article 6 is
[ ] replaced by the
follows:
following:
(a) in paragraph 1, the second
(a) in paragraph 1, the second
Member States shall take the necessary
subparagraph is deleted;
subparagraph is
replaced by the
following:
measures to ensure that new buildings
meet the minimum energy
“For new buildings, Member States performance requirements set in
shall ensure that, before
accordance with Article 4.'
construction starts, the technical,
environmental and economic
feasibility of high-efficiency
alternative systems, if available, is
taken into account."
(b) paragraphs 2 and 3 are deleted;
[ ]
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Article 7 – paragraph 5 AM 52
(4) in Article 7, the fifth
(4) in Article 7, the fifth paragraph (4) in Article 7, the fifth
[ ] paragraph
subparagraph is deleted;
is
replaced by the following:
is deleted;
“Member States shall ensure, in
relation to buildings undergoing
major renovation, the taking into
account of high-efficiency
alternative systems, in so far as this
is technically, functionally and
economically feasible, as well as
that due attention is paid to fire
safety and the encouragement of a
healthy indoor climate conditions.”
(5) Article 8 is amended as
(5) Article 8 is amended as follows:
follows:
(a) in paragraph 1, the third
(a)
in paragraph 1, the third
subparagraph is deleted;
subparagraph is deleted;
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Article 8 – paragraph 1 – subparagraph 3 AM 53
(a) in paragraph 1, the third
(a) in paragraph 1, the third
subparagraph is
deleted;
subparagraph is
replaced by the
following:
“Member States shall require new
buildings to be equipped with self-
regulating devices that regulate
room temperature levels in each
individual room. In existing
buildings, the installation of self-
regulating devices to individually
regulate the room temperature shall
be required when heat generators
are replaced."
Article 8 – paragraph 2- AM 54
(b) paragraph 2 is replaced by the
(b) paragraph 2 is replaced by the
following:
following:
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link to page 57
‘2. Member States shall ensure that in 2.
Member States shall
require
‘2.
[ ] With regard to new non-
all new non-residential buildings and that in all new non-residential
residential buildings and
[ ] non-
in all existing non-residential
buildings and in all existing non-
residential buildings undergoing major
buildings undergoing major
residential buildings
with more than renovation
[ ] , provided that the
renovation with more than ten
ten parking spaces undergoing major
building has more than ten parking
parking spaces, at least one of every
renovation
encompassing the
spaces
[ ] and the building and the
ten is equipped with a recharging
parking spaces are owned by the same
point within the meaning of Directive
electrical infrastructure of the
entity, Member States shall ensure that
2014/94/EU on the deployment of
building or the parking
lot, at least
at least one recharging point within the
alternative fuels infrastructure, which
one parking space is equipped with
meaning of Directive 2014/94/EU on the
is capable of starting and stopping
a recharging point and that one of
deployment of alternative fuels
charging in reaction to price signals.
every ten parking spaces is equipped infrastructure1
0 is installed, which is
This requirement shall apply to all
with
adequate pre-cabling or pre-
capable of starting and stopping charging
non-residential buildings, with more
tubing, in order to enable
in reaction to price signals
[ ], together
than ten parking spaces, as of 1
installation of a recharging point
with ducting infrastructure, that is,
January 2025.
within the meaning of Directive
conduits for electric cables, to enable
2014/94/EU
of the European
the installation at a later stage of
Parliament and the Council.
recharging points for electric vehicles
for at least one in every three parking
spaces in the following situations:
10
OJ L 307, 28.10.2014, p. 1
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a)
the car park is located inside the
building, and, for major renovations,
the 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, the renovation measures
include the car park.
The Commission shall report to the
European Parliament and the Council
by 1 January 2023 on the scope for a
European building policy in
contributing to the promotion of
electromobility and propose measures
if appropriate.
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2a. Member States shall require
installation of a minimum number
of recharging points to all public
and commercial non-residential
buildings, with more than ten parking
spaces,
by 1 January 2025.
2b. Member States shall apply the
provisions of paragraph 2 to mixed-
use buildings with more than ten
parking spaces provided they are
new or undergoing major
renovation encompassing the
electrical infrastructure of the
building or the parking lot.
Member States may decide not to set
2c. Member States may decide not to Member States may decide not to set or
or apply the requirements referred to
set or apply the requirements referred apply the requirements referred to in
[ ]
in the previous subparagraph to
to in
paragraph 2 to buildings owned
this paragraph to buildings owned and
buildings owned and occupied by
and occupied by small and medium-
occupied by small and medium-sized
small and medium-sized enterprises
sized enterprises as defined in Title I enterprises as defined in Title I of the
as defined in Title I of the Annex to
of Annex to Commission
Annex to Commission Recommendation
Commission Recommendation
Recommendation 2003/361/EC of 6
2003/361/EC of 6 May 2003.
2003/361/EC of 6 May 2003.
May 2003.
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Article 8 – paragraph 3- AM 55
3. Member States shall ensure that
3.
Member States shall ensure
3.
[ ] With regard to new residential
newly built residential buildings and
that
new residential buildings and
buildings and
[ ] residential buildings
those undergoing major renovations,
those undergoing major renovations
undergoing major renovations,
[ ]
with more than ten parking spaces,
encompassing the electrical
provided that the building has more
include the pre-cabling to enable the
infrastructure of the building or the than ten parking spaces,
[ ] Member
installation of recharging points for
adjacent or built-in parking lot, with
States shall ensure that ducting
electric vehicles for every parking
more than ten parking spaces, include
infrastructure, that is, conduits for
space.
the
adequate pre-cabling
or pre-
electric cables, is installed, in order to
tubing to enable the installation of
enable at a later stage the installation of
recharging points for electric vehicles recharging points for electric vehicles for
for every parking space.
every parking space
in the following
situations:
a)
the car park is located inside the
building, and, for major renovations,
the renovation measures include the
car park or the electric infrastructure
of the building; or
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b)
the car park is physically
adjacent to the building and, for major
renovations, the renovation measures
include the car park.
3a. Paragraph 2 and paragraph 3 shall
not apply to buildings in relation to
which building permit applications or
equivalent applications have been
submitted before or within one year
after the date referred to in Article 3(1)
of this Directive.
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Article 8 – paragraph 4 AM 56
4. Member States may decide not to
4.
Member States may decide not 4. Member States may decide not to set or
set or apply the requirements referred to set or apply the requirements
apply the requirements referred to in
to in paragraphs 2 and 3 to public
referred to in paragraphs 2 and 3 to
paragraphs 2 and 3 to public buildings
buildings which are already covered
public buildings
provided that they
which are already covered by Directive
by Directive 2014/94/EU.’;
are already covered by
requirements 2014/94/EU
and to buildings located in
comparable with measures
micro isolated systems or in outermost
transposing Directive 2014/94/EU.
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.
Article 8 – paragraph 4 a (new) AM 57
4 a. Member States shall ensure
that public parking lots operated by
private entities are subject to the
requirements referred to in
paragraphs 2 and 3.
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4a. For existing buildings, Member
States may decide not to apply or set
the requirements set out in paragraphs
2 and 3, if the cost of the recharging
and ducting installations exceeds 5% of
the total cost of the major renovation.
Article 8 – paragraph 4 b (new) - AM 58
4 b. Member States shall tackle
3b. Member States shall provide for
regulatory barriers and shall ensure measures in order to simplify the
that there are simplified permitting
deployment of recharging points in
and approval procedures for owners new and existing residential and non-
and tenants in order to enable the
residential buildings, without prejudice
deployment of recharging points in
to the property and tenancy law of the
existing residential and non-
Member States.
residential buildings.
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Article 8 – paragraph 4 c (new) - AM 59
4c. Further to the requirements
for electro-mobility infrastructure,
Member States shall take into
consideration the need for
alternative fuels infrastructure in
buildings and the deployment of
dedicated infrastructures, such as by
electro-mobility corridors, as well as
the need for coherent policies for
soft and green mobility, multi-
modality and urban planning.
Article 8 – paragraph 5 AM 60
(c) the following paragraphs 5 and
(c) the following paragraphs[ ] are
6 are added:
added:
‘5. Member States shall ensure
5.
Member States shall ensure
‘5. Member States shall ensure that,
that, when a technical building
that, when a technical building
when a technical building system
for
system is installed, replaced or
system is installed, replaced or
space heating, air conditioning or
upgraded, the overall energy
upgraded, the overall energy
water heating is installed, replaced or
performance of the complete altered
performance of the complete altered
upgraded,
[ ] unless this does not have
system is assessed, documented it and system is assessed,
at full load and an impact on its energy performance
, the
passed on to the building owner, so
new performance of the
[ ] system or of
that it remains available for the
at part load, and, where relevant,
the altered
[ ] part is
[ ] documented
[ ]
verification of compliance with the
the impact on indoor air quality is
and passed on to the building owner, so
minimum requirements set pursuant
also assessed. The results shall be
that it remains available
and can be used
to paragraph 1 and the issue of energy documented it and passed on to the
for the verification of compliance with
performance certificates. Member
building owner, so that it remains
the minimum requirements set pursuant to
States shall ensure that this
available for the verification of
paragraph 1 and the issue of energy
information is included in the
compliance with the minimum
performance certificates.
Without
national energy performance
requirements set pursuant to
prejudice to Article 12, Member States
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certificate database referred to in
paragraph 1 and the issue of energy
shall
[ ] decide whether to require the
Article 18(3).
performance certificates. Member
issue of a new energy performance
States shall ensure that this
certificate
[ ] .
information is included in the
national energy performance
certificate database referred to in
Article 18(3).
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Article 8 – paragraph 6 – subparagraph 1- AM 61
6.
The Commission is empowered The Commission is empowered to
6. The Commission shall, by 31
to adopt delegated acts in accordance adopt delegated acts in accordance
December 2019, in consultation with
with Article 23 supplementing this
with Article 23
in order to
the relevant sectors, adopt an
Directive with a definition of
supplement this Directive
by
implementing measure on a voluntary
‘smartness indicator’ and with the
establishing a definition of
a
common European Union scheme for
conditions under which the
'smartness indicator'
, after
rating the smart readiness of buildings.
‘smartness indicator’ would be
consulting relevant stakeholders,
The scheme will:
provided as additional information to
and on the basis of the outlined
prospective new tenants or buyers.
design and methodology set out in
Annex Ia. The definition shall
include information on how the
indicator could be introduced
following a test-phase, how the
indicator would be connected to the
energy performance certificates
referred to in Article 11 and how it
could be provided as additional
and
meaningful information to
prospective new
investors, tenants,
buyers and
market participants.
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Article 8 – paragraph 6 – subparagraph 2 - AM 62
The smartness indicator shall cover
The smartness indicator shall cover
a) include the definition of a smart
flexibility features, enhanced
enhanced energy savings,
readiness indicator,
functionalities and capabilities
benchmarking and flexibility
resulting from more interconnected
features, enhanced functionalities and
b) establish a methodology to calculate
and built-in intelligent devices being
capabilities resulting from more
it and
integrated into the conventional
interconnected and built-in intelligent
technical building systems. The
devices being integrated into the
c) provide technical input on the
features shall enhance the ability of
conventional technical building
modalities for its effective
occupants and the building itself to
systems. The features shall enhance
implementation at national level, in line
react to comfort or operational
the ability of occupants and the
with Annex Ia.
requirements, take part in demand
building itself to react to comfort or
response and contribute to the
operational requirements
, in
optimum, smooth and safe operation
particular at part load, including by
of the various energy systems and
adapting the energy consumption, to
district infrastructures to which the
take part in demand response and
to
building is connected.’;
contribute to the optimum,
efficient,
smooth and safe operation of the
various energy systems
including
renewable energy generated on-site,
and district infrastructures to which
the building is connected.
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That measure shall be adopted in
accordance with the examination
procedure referred to in Article 26.
Member States may recognise or use
the scheme by adapting it to national
circumstances. The scheme for rating
the smart readiness of a building shall
be voluntary for both building owners
and Member States. '
Article 10 – paragraph 6- AM 63
(6) Article 10 is amended as
(6) Article 10 is amended as follows:
follows:
(a) paragraph 6 is replaced by the
(a) paragraph 6 is replaced by the
following:
following:
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‘6. Member States shall link their
6.
Member States shall link their ‘6. Member States shall link their
financial measures for energy
financial measures for energy
financial measures for energy efficiency
efficiency improvements in the
efficiency improvements in the
improvements in the renovation of
renovation of buildings to the energy renovation of buildings to the energy buildings
[ ]:
savings achieved due to such
savings achieved due to such
renovation. These savings shall be
renovation. These savings shall,
determined by comparing energy
where proportionate to the extent of
performance certificates issued before
the renovation, be determined by
an a) to the energy performance of the
and after renovation.’;
energy audit or by comparing energy
equipment or material used for the
performance certificates issued
renovation. In this case, the equipment
before and after renovation
, or by
or material used for the renovation
using standard values for
shall be installed by an installer with
calculation of energy savings in
the relevant level of certification or
buildings or similar relevant,
qualification;
transparent methodology for
documentation.
b) to the improvement achieved due to
such renovation
[ ] by comparing energy
performance certificates issued before
and after renovation
; or
c) to the results of another relevant,
transparent and proportionate method
that indicates the improvement in
energy performance.’;
Article 10 – paragraph 6a- AM 64
(b) the following paragraphs 6a
(b) the following [ ] paragraph is
and, 6b are inserted:
inserted:
‘6a. When Member States put in
6a. When Member States put in
‘6a.
[ ] If a Member
[ ] State puts in
place a database for registering EPCs place a database
or use an existing
place a database for
[ ] EPCs,
it shall allow tracking the actual
database for registering EPCs it shall
aggregated anonymised data compliant
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energy consumption of the buildings
allow tracking the energy
with
[ ] Union and national data
covered, regardless of their size and
consumption of the buildings
protection requirements shall be made
category. The database shall contain
covered, regardless of their size and
available on request
[ ] for statistical and
the actual energy consumption data of category. The database shall contain
research purposes
, at least to the public
buildings frequently visited by the
the energy consumption data of
authorities.’;
public with useful floor area of over
buildings owned, managed or
250 m² which shall be regularly
occupied by public authorities with
updated.
useful floor area of over 250 m²
which shall be regularly updated.
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Article 10 – paragraph 6b AM 65
6b. Aggregated anonymised data
6 b. Aggregated anonymised data
compliant with EU data protection
compliant with EU data protection
requirements shall be made available requirements shall be made available
on request, at least for the public
on request, at least for the public
authorities for statistical and research authorities for statistical and research
purposes.’;
purposes
and the full dataset shall
be available for the building
owner.’;
(7) Article 14 is amended as
(7) Article 14 is
[ ] replaced by the
follows:
following:
"Article 14
Inspection of heating systems
Article 14 – paragraph 1- AM 66
(a) paragraph 1 is replaced by the
following:
‘1. Member States shall lay down the 1.
Member States shall lay down
[ ] 1. Member States shall lay down the
necessary measures to establish a
the necessary measures to establish a necessary measures to establish
[ ] regular
regular inspection of the accessible
regular inspection of the accessible
inspection of the accessible parts of
parts of systems used for heating
parts of systems used for heating
systems
[ ] with an effective rated
buildings, such as the heat generator, buildings, such as the heat generator,
output for
space heating
[ ] purposes of
control system and circulation
control system and circulation
over 70 kW, such as the heat generator,
pump(s) for non-residential buildings pump(s) for non-residential buildings control system and circulation pump(s)
[ ]
with total primary energy use of over with total primary energy use of over
used for heating buildings. The
250MWh and for residential
250MWh and for residential
inspection shall include an assessment of
buildings with a centralised technical buildings with a technical building
the
[ ] heat generator efficiency and the
[
building system of a cumulated
system
for space and domestic water ] heat generator sizing compared with
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effective rated output of over 100
heating purposes of a cumulated
the heating requirements of the building.
[
kW. That inspection shall include an
effective rated output of over
70 kW.
] Where no changes
[ ] have been made
assessment of the boiler efficiency
That inspection shall include an
to the heating system or as regards the
and the boiler sizing compared with
assessment of the
heat generator
heating requirements of the building
[ ]
the heating requirements of the
efficiency,
at full load and at part
since an inspection pursuant to this
building. The assessment of the boiler
load, and the
heat generator sizing
paragraph was carried out, Member
sizing does not have to be repeated as compared with the heating
States may choose not to require the
long as no changes were made to the
requirements of the building. The
assessment of the heat generator sizing
heating system or as regards the
assessment of the
heat generator
to be repeated.
heating requirements of the building
sizing does not have to be repeated as
in the meantime.’;
long as no changes were made to the
heating system or as regards the
heating requirements of the building
in the meantime;
(b) paragraphs 2, 3, 4 and 5 are
(b) paragraphs 2, 3, 4 and 5 are
[ ]
deleted and replaced by the
deleted and replaced by the
following:
following:
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'2a. As an alternative to paragraph 1,
Member States may opt to take
measures to ensure that adequate
advice is given to users concerning the
replacement of heat generators, other
modifications to the heating system and
alternative solutions to assess the
efficiency and appropriate size of the
heating generator. The overall impact
of such an approach shall be equivalent
to the impact arising from the
measures taken pursuant to paragraph
1.
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Article 14 – paragraph 2 – introductory part - AM 67
‘2. As an alternative to paragraph 1 2.
Member States
shall require
[ ] 2. As an alternative to paragraph 1
Member States may set requirements that non-residential buildings with
for non-residential buildings, Member
to ensure that non-residential
total primary energy use of over 250 States may set requirements to ensure that
buildings with total primary energy
MWh per year are equipped with
non-residential buildings
[ ] are equipped
use of over 250 MWh per year are
building automation and control
with building automation and control
equipped with building automation
systems
by 2023. These systems shall systems.
[ ] The building automation
and control systems. These systems
and control systems shall be capable of:
shall be capable of:
be capable of:
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Article 14 – paragraph 2 – point a - AM 68
(a) continuously monitoring,
(a) continuously monitoring,
(a) continuously monitoring, analysing
analysing and adjusting energy usage;
logging, analysing and adjusting
and
allowing for adjusting energy usage;
energy usage
to enable optimal
energy performance at full load and
at part load;
Article 14 – paragraph 2 – point b) and c)
(b) benchmarking the building’s
b)
benchmarking the building’s
(b) benchmarking the building’s
energy efficiency, detecting losses in energy efficiency, detecting losses in energy efficiency, detecting losses in
efficiency of technical building
efficiency of technical building
efficiency of technical building systems,
systems, and informing the person
systems, and informing the person
and informing the person responsible for
responsible for the facilities or
responsible for the facilities or
the facilities or technical building
technical building management about technical building management about management about opportunities for
opportunities for energy efficiency
opportunities for energy efficiency
energy efficiency improvement;
and
improvement;
improvement;
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(c) allowing communication with
c)
allowing communication with (c) allowing communication with
connected technical building systems connected technical building systems connected technical building systems and
and other appliances inside the
and other appliances inside the
other appliances inside the building, and
building, and being interoperable
building, and being interoperable
being interoperable with technical
with technical building systems
with technical building systems
building systems across different types of
across different types of proprietary
across different types of proprietary
proprietary technologies, devices and
technologies, devices and
technologies, devices and
manufacturers.
manufacturers.
manufacturers.
Article 14 – paragraph 3 – introductory part- AM 69
3. As an alternative to paragraph 1
3.
Member States may
require
3. As an alternative to paragraph 1
for
Member States may set requirements that residential buildings with
residential buildings, Member States
to ensure that residential buildings
technical building systems of a
may set requirements to ensure that
with centralised technical building
cumulated effective rated output
for
residential buildings
[ ] are equipped
systems of a cumulated effective
space and domestic water heating
with:
rated output of over 100 kW are
purposes of over
70 kW are
equipped:
equipped:
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Article 14 – paragraph 3 – point a AM 70
(a) with continuous electronic
(a) with continuous electronic
(a)
[ ] continuous electronic
monitoring that measures systems'
monitoring
functionality that
monitoring that measures systems'
efficiency and inform building
measures systems' efficiency and
efficiency and inform building owners or
owners or managers when it has
inform building owners or managers managers when it has fallen significantly
fallen significantly and when system
when it has fallen significantly and
and when system servicing is necessary,
servicing is necessary, and
when system servicing is necessary,
and
and
Article 14 – paragraph 3 – point b- AM 71
(b) with effective control
(b) with effective control
(b)
[ ] effective control functionalities
functionalities to ensure optimum
functionalities to ensure optimum
to ensure optimum generation,
generation, distribution and use of
generation, distribution,
storage and
distribution and use of energy.’;
energy.’;
use of energy
at full load and at part
load including hydronic balancing.’;
Article 14 – paragraph 3 a (new)- AM 72
3a. Buildings that comply with
paragraph 2 or 3 shall be exempt
from the requirements laid down in
paragraph 1.
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Article 14 – paragraph 3 b (new) - AM 73
3b. Technical building systems
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 as defined
in point (27) of Article 2 of Directive
2012/27/EU 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.
(8) Article 15 is
[ ] replaced by the
following:
Article 15 – paragraph 1- AM 74
(a) paragraph 1 is replaced by the
paragraph 1 is replaced by the
[ ]
following:
following:
‘1. Member States shall lay down the 1.
Member States shall lay down ‘1. Member States shall lay down the
necessary measures to establish a
the necessary measures to establish a necessary measures to establish a regular
regular inspection of the accessible
regular inspection of the accessible
inspection of the accessible parts of air-
parts of air-conditioning systems for
parts of air-conditioning
and
conditioning systems
[ ] with an effective
non-residential buildings with total
ventilation systems for non-
rated output of over
[ ] 70 kW. The
primary energy use of over 250MWh residential buildings with total
inspection shall include an assessment of
and for residential buildings with a
primary energy use of over 250MWh the air-conditioning efficiency and the
centralised technical building system and for residential buildings with a
sizing compared to the cooling
of a cumulated effective rated output technical building system
for air-
requirements of the building.
[ ] Where
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of over 100 kW. The inspection shall
conditioning and ventilation of a
no changes
[ ] have been made to this
the
include an assessment of the air-
cumulated effective rated output of
air-conditioning system or as regards the
conditioning efficiency and the sizing over
12kW. The inspection shall
cooling requirements of the building
[ ]
compared to the cooling requirements include an assessment of the air-
since an inspection pursuant to this
of the building. The assessment of the conditioning
and ventilation
paragraph was carried out, Member
sizing does not have to be repeated as efficiency
, at full load and at part
States may choose not to require the
long as no changes were made to this
assessment of the sizing to be repeated.
air-conditioning system or as regards
load, and the sizing compared to the
the cooling requirements of the
cooling requirements of the building.
building in the meantime.’;
The assessment of the sizing does not
have to be repeated as long as no
changes were made to this air-
conditioning
or ventilation system or
as regards the cooling requirements
of the building in the meantime.
Member States may set different
inspection frequencies depending on
the type and effective rated output of
air-conditioning systems, whilst
taking into account the costs of the
inspection of the systems and the
estimated energy cost savings that
may result from the inspection.
(b) paragraphs 2, 3, 4 and 5 are
(b) paragraphs 2, 3, 4 and 5 are
[ ]
deleted and replaced by the
deleted and replaced by the
following:
following:
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Member States that maintain more
stringent requirements pursuant to
Article 1(3) shall be exempted from the
obligation to notify them to the
Commission.
2a. As an alternative to paragraph 1,
Member States may opt to take
measures to ensure the provision of
advice to users concerning the
replacement of air-conditioning
systems, other modifications to the air-
conditioning system and alternative
solutions to assess the efficiency and
appropriate size of the air-conditioning
system. The overall impact of such an
approach shall be equivalent to that
arising from the provisions set out in
paragraph 1.
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Article 15 – paragraph 2 – introductory part- AM 75
‘2. As an alternative to paragraph 1
2.
Member States
shall require
[ ] 2. As an alternative to paragraph 1
for
Member States may set requirements that non-residential buildings with
non-residential buildings, Member
to ensure that non-residential
total primary energy use of over 250 States may set requirements to ensure that
buildings with total primary energy
MWh per year are equipped with
non-residential buildings
[ ] are equipped
use of over 250 MWh per year are
building automation and control
with building automation and control
equipped with building automation
systems
by 2023. These systems shall systems.
[ ] The building automation
and control systems. These systems
and control systems shall be capable of:
shall be capable of:
be capable of:
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Article 15 – paragraph 2 – point a - AM 76
(a) continuously monitoring,
(a) continuously monitoring,
(a) continuously monitoring, analysing
analysing and adjusting energy usage; analysing,
logging and adjusting
and adjusting energy usage;
energy usage
to enable optimal
energy performance at full load and
at part load;
(b) benchmarking the building’s
b)
benchmarking the building’s
(b) benchmarking the building’s
energy efficiency, detecting losses in energy efficiency, detecting losses in energy efficiency, detecting losses in
efficiency of technical building
efficiency of technical building
efficiency of technical building systems,
systems, and informing the person
systems, and informing the person
and informing the person responsible for
responsible for the facilities or
responsible for the facilities or
the facilities or technical building
technical building management about technical building management about management about opportunities for
opportunities for energy efficiency
opportunities for energy efficiency
energy efficiency improvement;
and
improvement;
improvement;
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(c) allowing communication with
c)
allowing communication with (c) allowing communication with
connected technical building systems connected technical building systems connected technical building systems and
and other appliances inside the
and other appliances inside the
other appliances inside the building, and
building, and being interoperable
building, and being interoperable
being interoperable with technical
with technical building systems
with technical building systems
building systems across different types of
across different types of proprietary
across different types of proprietary
proprietary technologies, devices and
technologies, devices and
technologies, devices and
manufacturers.
manufacturers.
manufacturers
Article 15 – paragraph 3- AM 77
3. As an alternative to paragraph 1
3.
Member States may
require
3. As an alternative to paragraph 1
for
Member States may set requirements that residential buildings with
residential buildings, Member States
to ensure that residential buildings
technical building systems of a
may set requirements to ensure that
with centralised technical building
cumulated effective rated output
for
residential buildings
[ ] are equipped
systems of a cumulated effective
air-conditioning or ventilation of
with:
rated output of over 100 kW
over
12 kW are equipped:
(a) with continuous electronic
(a) with continuous electronic
[ ] continuous electronic monitoring that
monitoring that measures systems'
monitoring
functionality that
measures systems' efficiency and inform
efficiency and inform building
measures systems' efficiency and
building owners or managers when it has
owners or managers when it has
inform building owners or managers fallen significantly and when system
fallen significantly and when system
when it has fallen significantly and
servicing is necessary, and
servicing is necessary, and
when system servicing is necessary,
and
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(b) with effective control
(b) with effective control
(b)
[ ] effective control functionalities
functionalities to ensure optimum
functionalities to ensure optimum
to ensure optimum generation,
generation, distribution and use of
generation, distribution
, storage and
distribution and use of energy.’;
energy.’;
use of energy
at full and at part load
including hydronic balancing.
Article 15 – paragraph 3 a (new) AM 78
3a. Buildings that comply with
paragraph 2 or 3 shall be exempt
from the requirements laid down in
paragraph 1.
Article 15 – paragraph 3 b (new) AM 79
3b. Technical building systems
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 as defined
in point (27) of Article 2 of Directive
2012/27/EU, or that are operated by
a utility or network operator and are
therefore subject to performance
monitoring measures on the system
side, shall be exempt from the
requirements laid down in
paragraph 1.
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Art 19 rev.para. 1- AM 80
(9) in Article 19, ‘2017’ is
(9) in Article 19, ‘2017’ is
(9) in Article 19, ‘2017’ is replaced by
replaced by ‘2028’;
replaced by ‘
2024’;
‘2028’
and the following sentence is
added:
Article 19 – paragraph 1 a (new) - AM 81
'As part of this review, the Commission
shall examine the role of district or
neighbourhood approaches in
European building policy, for instance
in the context of overall refurbishment
schemes applying to a number of
buildings in a spatial context instead of
a single building'.;
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(9 a) in Article 19, the following
paragraph is added:
'The Commission shall, in
particular, assess the need for
further harmonisation of energy
performance certificates in
accordance with Article 11 .'
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Article 19 a (new) - AM 82
9b. The following article is
inserted:
“Article 19a
The Commission shall, before 2020,
conclude a feasibility study,
clarifying the possibilities and
timeline to introduce a building
renovation passport, potentially as
part of the recommendations section
of the energy performance
certificates, in order to provide a
long-term, step-by-step renovation
roadmap for a specific building.”
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(10) in Article 20(2), the first
(10) in Article 20(2), the first
subparagraph is replaced by the
subparagraph is replaced by the
following:
following:
Article 20 – paragraph 2 –subparagraph 1 - AM 83
(a) ‘Member States shall in Member States shall in particular
(a) ‘Member States shall in particular
particular provide information to the provide information
through
provide information to the owners or
owners or tenants of buildings on
independent, accessible and
tenants of buildings on energy
energy performance certificates, their
transparent advisory tools such as
performance certificates, their purpose
purpose and objectives, on cost-
one-stop-shops to the owners
,
and objectives, on cost-effective ways to
effective ways to improve the energy
managers and tenants of buildings
improve the energy performance of the
performance of the building and, on cost-effective
measures to
building and, where appropriate, on
where appropriate, on financial improve the energy performance of
financial instruments available to improve
instruments available to improve the the building,
including through
the energy performance of the building.’;
energy performance of the building.’;
renovation advice, on energy
performance certificates, their
purpose and objectives, on replacing
fossil fuel boilers with more
sustainable alternatives and on
financial instruments available to
improve the energy performance of
the building.
(11) Article 23 is replaced by the
(11) Article 23 is replaced by the
following:
following:
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‘Article 23
Exercise of the delegation
Art 23- CA 27
1. The power to adopt delegated acts
(No change to the Commission
1. The power to adopt delegated acts
[ ] is
referred to in Articles 5, 8 and 22 is
proposal is suggested delegation in
conferred on the Commission subject to
conferred on the Commission subject
line with inter-institutional
the conditions laid down in this Article.
to the conditions laid down in this
agreement)
Article.
1. The power to adopt delegated acts
referred to in Articles 5, 8 and 22 is
conferred on the Commission subject
to the conditions laid down in this
Article.
2. The power to adopt delegated acts
2. The power to adopt delegated acts 2. The power to adopt delegated acts
referred to in Article 5, 8 and 22 shall
referred to in Article 5, 8 and 22 shall referred to in
[ ] Articles 5 and 22 shall
be conferred on the Commission for
be conferred on the Commission for
be conferred on the Commission for
[ ] a
an indeterminate period of time from an indeterminate period of time from period of
[ ] 5 years from
XXX [
date of [
[
date of the entry into force…].
[date of the entry into force…].
] entry into force of the Directive]. The
Commission shall draw up a report in
respect of the delegation of power not
later than nine months before the end
of the 5-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 3. The delegation of power referred
3. The delegation of power referred to in
in Articles 5, 8 and 22 may be
to in Articles 5, 8 and 22 may be
Articles 5
[ ] and 22 may be revoked at
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revoked at any time by the European revoked at any time by the European any time by the European Parliament or
Parliament or by the Council. A
Parliament or by the Council. A
by the Council. A decision to revoke shall
decision to revoke shall put an end to decision to revoke shall put an end to put an end to the delegation of the power
the delegation of the power specified the delegation of the power specified specified in that decision. It shall take
in that decision. It shall take effect the in that decision. It shall take effect
effect the day following the publication of
day following the publication of the
the day following the publication of
the decision in the Official Journal of the
decision in the Official Journal of the
European Union or at a later date
European Union or at a later date
the decision in the Official Journal of specified therein. It shall not affect the
specified therein. It shall not affect
the European Union or at a later date validity of any delegated acts already in
the validity of any delegated acts
specified therein. It shall not affect
force.
already in force.
the validity of any delegated acts
already in force.
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link to page 91
4. Before the adoption of a delegated 4. Before the adoption of a delegated 4. Before
[ ] adopting a delegated act, the
act, the Commission shall consult
act, the Commission shall consult
Commission shall consult experts
experts designated by each Member
experts designated by each Member
designated by each Member State in
State in accordance with the
State in accordance with the
accordance with the principles laid down
principles laid down in the Inter-
principles laid down in the Inter-
in the Inter-institutional Agreement on
institutional Agreement on Better
institutional Agreement on Better
Better Law-Making of 13 April
[ ]
Law-Making of 13 April 2016.
Law-Making of 13 April 2016.
201612.
5. As soon as it adopts a delegated
5. As soon as it adopts a delegated act, the
act, the Commission shall notify it
Commission shall notify it
simultaneously to the European
simultaneously to the European
Parliament and to the Council.
Parliament and to the Council.
12
OJ L 123, 12.5.2016, p. 1
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6. A delegated act adopted pursuant
6. A delegated act adopted pursuant to
to Articles 5, 8 and 22 shall enter into
Articles 5 and
[ ] 22 shall enter into force
force only if no objection has been
only if no objection has been expressed
expressed either by the European
either by the European Parliament or the
Parliament or the Council within a
Council within a period of two months of
period of two months of notification
notification of that act to the European
of that act to the European Parliament
Parliament and the Council or if, before
and the Council or if, before the
the expiry of that period, the European
expiry of that period, the European
Parliament and the Council have both
Parliament and the Council have both
informed the Commission that they will
informed the Commission that they
not object. That period shall be extended
will not object. That period shall be
by two months at the initiative of the
extended by two months at the
European Parliament or
of the Council.’;
initiative of the European Parliament
or the Council.’;
(12) Articles 24 and 25 are deleted;
(12) Articles 24 and 25 are deleted;
(12a) Article 26 is replaced by the
following:
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link to page 93
'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 5 of Regulation
(EU) No 182/2011 shall apply.'
(13) The Annexes are amended in
(13) The Annexes are amended in
accordance with the Annex to this
accordance with the Annex to this
Directive.
Directive.
Article 2
With the exception of its last
With the exception of its last
subparagraph, the provisions of
subparagraph, the provisions of Article 4
Article 4 of the Directive 2012/27/EU
of the Directive 2012/27/EU on energy
on energy efficiency are deleted.
efficiency
[ ] 13 are deleted.
13
OJ L 315, 14.11.2012, p. 13
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link to page 94
Article 32
1.
Member States shall bring into
1.
Member States shall bring into
force the laws, regulations and
force the laws, regulations and
administrative provisions necessary
administrative provisions necessary to
to comply with this Directive by
comply with this Directive by XXXX
XXXX [Please insert the date 12
[
Please insert the date[ ] : 24 months
months following the date of entry
following the date of entry into force] at
into force] at the latest. They shall
the latest. They shall immediately
immediately communicate to the
communicate to the Commission the text
Commission the text of those
of those
measures to the Commission.
provisions.
2
Adaptations to this Article reflect the standard wording agreed between the legal services of the Commission, European Parliament and
the Council.
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When Member States adopt those
When Member State adopt those
provisions, they shall contain a
provisions
measures, they shall contain a
reference to this Directive or be
reference to this Directive or be
accompanied by such a reference on
accompanied by such a reference on the
the occasion of their official
occasion of their official publication.
publication. Member States shall
They shall also include a statement that
determine how such reference is to be
references in existing laws, regulations
made.
and administrative provisions to the
Directive(s) 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
2.
Member States shall communicate
communicate to the Commission the
to the Commission the text of the main
text of the main provisions of
provisions of national law which they
national law which they adopt in the
adopt in the field covered by this
field covered by this Directive.
Directive.
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Article 4
This Directive shall enter into force
This Directive shall enter into force on
on the twentieth day following that of
the twentieth day following that of its
its publication in the
Official Journal
publication in the
Official Journal of the
of the European Union.
European Union.
Article 5
This Directive is addressed to the
This Directive is addressed to the
Member States.
Member States.
Done at Brussels,
Done at Brussels,
For the European Parliament
For the European Parliament
The President
The President
For the Council
For the Council
The President
The President
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ANNEX
Annexes to this directive are
Annexes to []
Directive 2010/31/EU
amended as follows:
are modified as follows:
Annex I – point 1 - AM 84
1. Annex I is amended as follows:
1. Annex I is amended as follows:
1. Annex I is amended as follows:
(a) point 1 is replaced by the
(a) point 1 is replaced by the
(a) point 1 is replaced by the
following:
following:
following:
‘1. The energy performance of a
‘1.
The energy performance of a
1. The energy performance of a
building shall reflect its typical
building shall
transparently reflect
building
shall be determined on the
energy use for heating, cooling,
its typical energy use for heating,
basis of the calculated or actual energy
domestic hot water, ventilation and
cooling, domestic hot water,
use and shall reflect its typical energy use
lighting.
ventilation
, lighting
and other
for heating, cooling domestic hot water,
technical building systems.
ventilation and
built-in lighting
(mainly
in the non- residential sector).
The energy performance of a building The energy performance of a
The energy performance of a building
shall be expressed by a numeric
building shall be expressed by a
shall be expressed by a numeric indicator
indicator of primary energy use in
numeric indicator of primary energy of primary energy use in kWh/(m².y),
kWh/(m².y), harmonised for the
use in kWh/(m².y), harmonised for
purpose of both energy performance
the purpose of both energy
[ ] for the purpose of both energy
certification and compliance with
performance certification and
performance certification and compliance
minimum energy performance
compliance with minimum energy
with minimum energy performance
requirements. The energy
performance requirements. The
requirements. The
[ ] methodology
performance and the methodology
methodology applied for its
applied for its determination shall be
applied for its determination shall be
determination shall be transparent
transparent and open to innovation.
transparent and open to innovation
and open to innovation.
Member States shall describe their
Member States shall describe their
Member States shall describe their
national calculation methodology
national calculation methodology
,
national calculation methodology
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link to page 98 link to page 98
following the national annex
taking into account the
terminology following the national
[ ] annexes of the
framework of related European
and definitions contained in the
overarching standards
15 developed under
standards developed under mandate
national annex framework of related mandate M/480 given by the European
M/480 given by the European
European standards developed under Commission to the European Committee
Commission to the European
mandate M/480 given by the
for Standardisation (CEN).
[ ] This
Committee for Standardisation
European Commission to the
provision shall not constitute a
(CEN).’;
European Committee for
requirement to comply with those
Standardisation (CEN).;
standards. The description of national
calculation methods shall be voluntary
in the national annexes of the other
standards16.
15
ISO/EN 52000-1, 52003-1, 52010-1, 52016-1, and 52018-1.
16
EN 12098-1, EN 12098-3, EN 12098-5, EN 12831-1, EN 12831-3, EN 15232-1, EN 15316-1 , EN 15316-2, EN 15316-3, EN 15316-4-1, EN
15316-4-2 , EN 15316-4-3 , EN 15316-4-4, EN 15316-4-5, EN 15316-5, EN 15378-1, EN 15378-3, EN 15459-1, EN 15500-1, EN 16798-3, EN
16798-5-1, EN 16798-5-2, EN 16798-7, EN 16798-9, EN 16798-13, EN 16798-15, EN 16798-17, EN 16946-1, EN 16947-1, EN ISO 10077-1,
EN ISO 10077-2, EN ISO 10211, EN ISO 12631, EN ISO 13370, EN ISO 13786, EN ISO 13789, EN ISO 14683 and EN ISO 6946, ISO/EN
52017-1 and ISO/EN 52022-1.
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Annex I- point 2 par 1 (b)
(b) point 2 is replaced by the
point 2 is replaced by the following:
(b) point 2 is replaced by the
following:
following:
Annex I – point 2- AM 85
‘2. The energy needs for space
‘2.
The energy needs for space
‘2. The energy needs for space
heating, space cooling, domestic hot
heating, space cooling, domestic hot heating, space cooling, domestic hot
water and adequate ventilation shall
water
, lighting, ventilation
and other water and adequate ventilation shall be
be calculated in order to ensure
technical building systems shall be
calculated in order to ensure minimum
minimum health and comfort levels
calculated in order to
maximise
health and comfort levels defined by
defined by Member States.
health, indoor air quality and
Member States.
comfort levels defined by Member
States
at national or regional level.
In particular, the temperature on
any inner surface of the building
should not drop below dew point
temperature.
l
The calculation of primary energy
shall be based on primary energy
The calculation of primary energy shall
factors per energy carrier, which may be based on primary energy
or weighting
be based on national or regional
factors per energy carrier, which may be
annual
, and possibly also seasonal or based on national
[ ], regional
or local
monthly, weighted averages or on
annual weighted averages or on more
more specific information made
specific information made available for
available for individual district
individual district system.
system.
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Primary energy factors shall discount
The calculations by Member States
Primary energy factors
[ ] or weighting
the share of renewable energy in
shall
first consider the energy needs factors shall be defined by Member
energy carriers so that calculations
and subsequently equally
take into
States. Primary energy factors shall
equally treat: (a) the energy from
account: (a) the energy from
take into account renewable energy
renewable source that is generated
renewable
sources that is generated
with regard to the energy supplied
on-site (behind the individual meter,
and used on-site (behind the
through the energy carrier.
[ ]
i.e. not accounted as supplied), and
individual meter, i.e. not accounted
(b) the energy from renewable energy as supplied), and (b) the energy from
sources supplied through the energy
renewable energy sources supplied
carrier.’;
through the energy carrier
.
3. To express the energy performance
of a building, Member States may
choose to define additional numeric
indicators of total, non-renewable and
renewable primary energy use, and
greenhouse gas emission produced in
kg of CO2 equivalent per m2 per year.’;
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The application of primary energy
factors shall ensure that the optimal
energy performance of the building
is pursued, thereby supporting the
national implementation of the
requirements of Article 9.’
(c) in point 4, the introductory
(c) in point 4, the introductory phrase
phrase is replaced by the following:
is replaced by the following:
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‘4. The positive influence of the
‘4. The positive influence of the
following aspects shall be taken into
following aspects shall be taken into
account:’;
account:’;
2.
Annex II is amended as
2. Annex II is amended as follows:
follows:
(a) first paragraph of point 1 is
(a) first paragraph of point 1 is
replaced by the following:
replaced by the following:
‘1. The competent authorities or
‘1. The competent authorities or bodies to
bodies to which the competent
which the competent authorities have
authorities have delegated the
delegated the responsibility for
responsibility for implementing the
implementing the independent control
independent control system shall
system shall make a random selection of
make a random selection of all the
all the energy performance certificates
energy performance certificates
issued annually and subject them to
issued annually and subject them to
verification. The sample shall be of a
verification. The sample shall be of a
sufficient size to ensure statistically
sufficient size to ensure statistically
significant compliance results.’;
significant compliance results.’;
(b) point 3 is added:
(b)
point 3 is added:
‘3. When information is added to a
‘3. When information is added to a
database it shall be possible for
database it shall be possible for national
national authorities to identify the
authorities to identify the originator of the
originator of the addition, for
addition, for monitoring and verification
monitoring and verification
purposes.’
;
purposes.’.
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'Annex Ia (new) - AM 86
1 a. The following annex is
1a. The following Annex Ia is added:
inserted:
'ANNEX Ia
Common general framework for rating
the smart readiness of buildings
Common general framework
methodology for the definition of a
'smartness indicator' for buildings
as referred to in Article 8(6)
1.
The Commission shall lay
1.
The smart readiness indicator,
down a common general framework that is, an indicator characterising the
methodology to determine the
capabilities of buildings with regard to
smartness indicator value, rating the operation, monitoring and
ability of a building or building unit management, interaction with
to adapt its operation to the needs of occupants, demand response and
the occupant and the grid and to
interoperability of automation and
improve its energy efficiency and
control systems and technical building
systems, shall provide synthetic and
overall performance.
meaningful information to potential
building owners and tenants.
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The methodology shall take into
2.
The methodology for
account a number of features
determining the smart readiness
including smart meters, building
indicator shall allow for a cost-effective
automation and control systems,
and reliable calculation of the smart
smart thermostats, built-in home
readiness indicator, in a simple way
appliances, recharging points for
and relying as much as possible on
electric vehicles, energy storage and already available data. The
detailed functionalities and the
methodology shall ensure technology
interoperability of these features.
and supplier neutrality and shall take
Those impacts shall be assessed for into account European standards, in
potential benefits for the energy
particular on interoperability, and
efficiency and performance levels,
comply with Union and national
as well as the enabled flexibility,
privacy and data protection rules.
indoor climate conditions and
comfort of the relevant building or
building unit.
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2.
The smartness indicator shall
be determined and calculated in
accordance with three key
functionalities relating to the
building and its technical building
systems:
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(a) the ability to maintain,
efficiently, high building
performance and operation through
the reduction of energy demand and
a greater use of energy from
renewable sources (electricity and
heat), including the ability of the
building to manage its own demand
or on-site generation by re-
managing its own resources;
(b) the ability to adapt its
operation mode in response to the
needs of the occupant ensuring high
standards of indoor health and
climate conditions, paying due
attention to the availability of user-
friendly displays and remote
controllability and reporting of
indoor air quality and energy use;
and
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(c) the flexibility of a building's
overall electricity demand, including
its ability to enable participation in
active and passive as well as implicit
and explicit demand-response,
which shall be measured in terms of
how much of the building's load can
be shifted at any one time in terms
of kW peak, and the capacity in
terms of kWh of how much of that
flexibility can then be delivered to
the grid, including offtake and
injection.
This would enable and support the
active participation of consumers in
the electricity supply market in
accordance with Directive
2009/72/EC of the European
Parliament and of the Council*.
The framework methodology shall
take into account European
standards, in particular those
developed under mandate M/480.
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3.
The framework methodology
shall ensure full interoperability
3.
The modalities for an effective
between smart meters, building
implementation of the scheme shall not
automation and control systems,
have any negative impact on existing
built-in home appliances, smart
national energy performance
thermostats within the building and certification schemes and build on
indoor air quality sensors and
related initiatives at national level.'.
ventilations, and promote the use of
benchmarking and European
standards including the Smart
Appliances Reference ontology. The
smartness indicator shall consider
and set a value on openness to third-
party systems, for infrastructure
such as the electricity grid and
district heating network, electric
vehicle infrastructure and demand-
response aggregators, with a view to
ensuring compatibility in
communications, systems control
and relevant data or signals
transmission.
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4.
The framework methodology
shall include the data handling
process within a building or beyond
a building’s boundaries, which
could include data originating in or
received by the building itself or the
user or occupant. This process shall
be based on protocols that allow
authenticated and encrypted
message exchanges between the
occupant and the relevant products
or devices within the building. In
particular when processing personal
data, such as data coming from
frequent and remote metering or
sub-metering or processed by smart-
grid operators, the principles of
occupant ownership, data
protection, privacy and security
shall be ensured. This common
methodology framework shall cover
real time data and energy-related
data coming out of cloud based
solutions and shall ensure the
security of data, smart meter
readings and data communications,
and the privacy of final customers,
in compliance with relevant Union
data protection and privacy law as
well as best available techniques for
cyber security.
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5.
The framework methodology
shall take into account the positive
influence of existing
communication networks, in
particular the existence of high-
speed-ready in-building physical
infrastructure, such as the voluntary
'broadband ready' label, and the
existence of an access point for
multi-dwelling buildings, in
accordance with Article 8 of
Directive 2014/61/EU of the
European Parliament and of the
Council**.
6.
The framework methodology
shall set out the most appropriate
format or visual representation of
the smartness indicator parameter
and shall be simple, transparent,
and easily understandable for
consumers, owners, investors, and
demand response market
participants. It shall complement the
energy performance certificate
insofar as there is an established
link to the energy performance of
the building.
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*
Directive 2009/72/EC of the
European Parliament and of the
Council of 13 July 2009 concerning
common rules for the internal
market in electricity (OJ L 211,
14.8.2009, p. 55).
** Directive 2014/61/EU of the
European Parliament and of the
Council of 15 May 2014 concerning
measures to reduce the cost of
deploying high-speed electronic
communication networks (OJ L 155,
23.5.2014, p. 1).’
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