Council of the
European Union
Brussels, 8 December 2017
(OR. en)
PUBLIC
14707/1/17
REV 1
Interinstitutional File:
2016/0381 (COD)
LIMITE
ENER 464
ENV 971
TRANS 505
ECOFIN 993
RECH 376
CODEC 1875
NOTE
From:
General Secretariat of the Council
To:
Delegations
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
The Delegations will find below drafting suggestions for a revised version of compromise proposals
(as presented in the Annex to document 14707/17 INIT and its COR) on the following political
issues: 1) long-term renovation strategy; 2) electro-mobility; 3) energy performances' databases; 4)
Smart Readiness Indicator (along with delegated/implementing acts); and 5) inspections and their
alternatives. Please note that these suggestions reflect EP's requests at the second informal trilogue.
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Conseil UE
link to page 2 link to page 2
1) Long-term renovation strategy, Article 2a, para. 1, 2, 3b, 3c and 4 (AMs 43-46, 49 and 50)
1. Member States shall establish a long-term strategy to support the transformation of the
national stock of residential and non-residential buildings, both public and private, into a highly
energy efficient and decarbonised building stock by 2050, targeting performance at nearly-zero
energy building level. This strategy shall encompass:
(a) an overview of the national building stock based, as appropriate, on statistical sampling and
expected share of refurbished buildings in 2020;
(b) identification of cost-effective approaches to renovations relevant to the building type and
climatic zone, considering, potential relevant trigger points
1 in the life cycle of the building;
(c) policies and actions to stimulate cost-effective deep renovations of buildings, including
staged deep renovations, and to support targeted cost-efficient measures and renovations for
example by introducing an optional scheme for building renovation passports;
(d) policies and actions to target the worst performing segments of the national building stock
and to tackling market failures such as split-incentive dilemmas and multi-family dwellings;
(e) policies and actions to target all public buildings, including social housing;
(f) an outline of national actions that contribute to the alleviation of energy poverty
2 and that
support equal access to financing tools for energy efficiency renovations for vulnerable
households;
1
No definition of trigger points but just the following recital: "
In their long-term strategies and in planning
actions and measures, Member States should make use of concepts such as trigger points, meaning an
opportune moment, for example from a cost-effectiveness or disruption perspective, in the life cycle of a
building for carrying out energy efficiency renovations".
2
On
energy poverty, a new recital could be added as follows: "
The need to alleviate energy poverty should be
taken into account, in accordance with the criteria to be defined by the Member States. Only those Member
States that put in place actions to alleviate energy poverty should outline them in their renovation strategy".
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(g) an overview of national initiatives to promote smart technologies and well-connected
buildings and communities, as well as skills and education in the construction and energy
efficiency sectors; and
(h) an evidence-based estimate of expected energy savings and wider benefits, such as those
related to health, safety and air quality.
2. In their long-term renovation strategy, Member States shall set out a roadmap with measurable
progress indicators, with a view to the long-term 2050 goal of reducing greenhouse gas emissions in
the Union by 80-95 % compared to 1990. The roadmap shall include indicative milestones for 2030
and 2040, and specify how they contribute to achieving the Union's energy efficiency targets in
accordance with Directive 2012/27/EU.
3b. The development and implementation of Member States’ long-term renovation strategies shall
be supported by structured, inclusive stakeholder platforms. Member States shall carry out a public
consultation on the draft long-term renovation strategy prior to the submission of its long-term
renovation strategy to the Commission in accordance with the applicable reporting obligations [i.e.
Governance Regulation]. A summary of the results of the public consultation shall be published as
an annex to the national long-term renovation strategy.
3c. Member States shall include details of the implementation of its long-term renovation strategy,
including on the planned policies and actions, in accordance with the applicable reporting
obligations. [Governance Regulation]
4. Member States may use their long-term renovation strategies to address risks related to intense
seismic activities or fire affecting energy efficiency renovations and the lifetime of buildings.’;
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link to page 4
2) Electro-mobility, Article 8, para. 2, 2a, 2b, 2c, 3, 3a, 4, 4a, 4b and 4c (AMs 54-58)
2. [ ] With regard to new non-residential buildings and [ ] non-residential buildings undergoing
major renovation[ ], provided that the building has more than ten parking spaces[ ] and the building
and the parking spaces are owned by the same entity, Member States shall ensure the installation of
at least one recharging point
3, and ducting infrastructure, to enable the installation at a later stage of
recharging points for electric vehicles, for at least one in every
five 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
b)
the car park is physically adjacent to the building and, for major renovations, the
renovation measures include the car park or the electrical infrastructure of 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.
2a. Member States shall require installation of a minimum number of recharging points to all
public and commercial non-residential buildings, with more than
twenty parking spaces, by 1
January 2025.
[2b. will only be addressed in a recital]
2c. Member States may decide not to set or apply the requirements referred to in this paragraph to
buildings owned and occupied by small and medium-sized enterprises as defined in Title I of the
Annex to Commission Recommendation 2003/361/EC of 6 May 2003.
3
Within the meaning of Directive 2014/94/EU on the deployment of alternative fuels
infrastructure is installed
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link to page 5
3. With regard to new residential buildings and residential buildings undergoing major renovations,
that have more than ten parking spaces, Member States shall ensure that ducting is installed, in
order to enable at a later stage the installation of recharging points for electric vehicles for 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
b)
the car park is physically adjacent to the building and, for major renovations, the
renovation measures include the car park or the electrical infrastructure of the car park.
3a. Member States may decide not to apply paragraph 2 and paragraph 3 to specific categories of
buildings in the following circumstances:
a) where building permit applications or equivalent applications have been submitted before
the date referred to in Article 3(1) of this Directive;
b) where the ducting infrastructure required would rely on micro isolated systems or in
outermost regions
4 if this would lead to substantial problems for the operation of the local
energy system and would endanger the stability of the local grid;
c) where the cost of the recharging and ducting installations exceeds 10% of the total cost of
the major renovation of the building;
d) where a public building is already covered by comparable requirements according to the
transposition of Directive 2014/94/EU;
[AM 57 to be moved to a recital]
4b. Member States shall provide for measures in order to simplify the deployment of recharging
points in new and existing residential and non-residential buildings and address possible regulatory
barriers, including with permitting and approval procedures, without prejudice to the property and
tenancy law of the Member States.
4c. When implementing the electro-mobility requirements related to buildings, Member States shall
take into consideration the need for coherent policies for soft and green mobility, multi-modality,
alternative fuels infrastructure and urban planning.
4
Within the meaning of Article 349 TFEU.
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3) Energy performance databases, Article 10, para. 6, 6a and 6b (AMs 63-65)
6.
Member States shall link their financial measures for energy efficiency improvements in the
renovation of buildings to the energy savings achieved, as determined by one or several criteria
below:
(a) to the energy performance of the equipment or material used for the renovation. In this case,
the equipment or material used for the renovation shall be installed by an installer with the
relevant level of certification or qualification;
(b) to standard values for calculation of energy savings in buildings;
(c) to the improvement achieved due to such renovation by comparing energy performance
certificates issued before and after renovation;
(d) to the results of an energy audit; or
(e) to the results of another relevant, transparent and proportionate method that shows the
improvement in energy performance.’
6a. Databases for EPCs shall allow gathering data on the measured or calculated energy
consumption of the buildings covered including at least public buildings with a total effective rated
heating, cooling or ventilation system output of over 290kW, for which an EPC has been issued.
6b. At least aggregated anonymised data compliant with Union and national data protection
requirements shall be made available on request for statistical and research purposes and to the
building owner;
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4) Smart Readiness Indicator (along with delegated/implementing acts), Article 8, para. 6 and
Annex Ia (AMs 61, 62 and 86)
6. The Commission shall, by 31 December 2019 and after having consulted the relevant
stakeholders, adopt a delegated act in accordance with article 23 and Annex Ia point (1)
supplementing this Directive by establishing
an optional common European Union scheme for
rating the smart readiness of buildings. The rating shall be based on an assessment of the
capabilities of a building or building unit to adapt its operation to the needs of the occupant and the
grid and to improve its energy efficiency and overall performance. The scheme shall:
(a) include the definition of a smart readiness indicator; and
(b) establish a methodology to calculate it.
6a. The Commission shall, by 31 December 2019 and after having consulted the relevant
stakeholders, adopt an implementing act providing technical input on the modalities for its
effective implementation, including a timeline for a non-committal test-phase, at national level, and
clarifying the indicator’s complementary relation to the energy performance certificates referred to
in Article 11.
That act shall be adopted in accordance with the examination procedure referred to in Article
26."
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Annex Ia
1.
The smart readiness indicator shall provide a methodology to assess the capabilities of a
building or building unit to adapt its operation to the needs of the occupant and the grid and to
improve its energy efficiency and overall performance. The indicator shall cover features for
enhanced energy savings, benchmarking and flexibility, enhanced functionalities and capabilities
resulting from more interconnected and intelligent devices.
The methodology shall take into account features such as smart meters, building automation and
control systems, self-regulating devices for indoor temperature, built-in home appliances,
recharging points for electric vehicles, energy storage and detailed functionalities and the
interoperability of these features, as well as benefits for the indoor climate condition, energy
efficiency, performance levels and enabled flexibility.
2.
The methodology shall rely on three key functionalities relating to the building and its
technical building systems:
(a)
the ability to maintain energy efficiency performance and operation of the building
through the adaptation of energy consumption for example through use of energy from
renewable sources;
(b)
the ability to adapt its operation mode in response to the needs of the occupant paying
due attention to the availability of user-friendliness, maintaining healthy indoor climate
conditions and ability to report on energy use; and
(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, in
relation to the grid, for example through flexibility and load shifting capacities.
3. The methodology may further take into account:
- the interoperability between systems (smart meters, building automation and control systems,
built-in home appliances, self-regulating devices for indoor temperature within the building
and indoor air quality sensors and ventilations) and
- 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.
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4. The methodology shall not negatively affect existing national energy performance
certification schemes and shall build on related initiatives at national level, while taking into
account the principle of occupant ownership, data protection, privacy and security, in compliance
with relevant Union data protection and privacy law as well as best available techniques for cyber
security.
5.
The methodology shall set out the most appropriate format of the smartness indicator
parameter and shall be simple, transparent, and easily understandable for consumers, owners,
investors, and demand response market participants.
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link to page 10
5) Inspections and their alternatives, Articles 14 and 15 (AMs 66-79)
Article 14
1. Member States shall lay down the necessary measures to establish regular inspection of the
accessible parts of systems with an effective rated output for space heating purposes of over 70 kW,
such as the heat generator, control system and circulation pump(s) used for heating buildings.
The inspection shall include an assessment of the heat generator efficiency and the heat generator
sizing compared with the heating requirements of the building.
The assessment of heating
efficiency shall consider the capabilities of the heating system to optimize its performance at
part load5.
Where no changes have been made to the heating system or as regards the heating requirements of
the building since an inspection pursuant to this paragraph was carried out, Member States may
choose not to require the assessment of the heat generator sizing to be repeated.
1a. 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 heat generators, other
modifications to the heating system and alternative solutions to assess the efficiency and
appropriate size of the heating system. The overall impact of such an approach shall be
equivalent to that arising from the provisions set out in paragraph 1.
5
Possible definition to add: "
‘part load’ means a part of the maximal capacity demand of a
technical building system. In the scope of the Directive, it particularly refers to typical or
average operating conditions".
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link to page 11
Before Member States may apply the measures referred to in the first subparagraph, they shall
submit to the Commission an ex-ante overview of such procedures, justifying and quantifying
the equivalence of the effect of those measures to the measures referred to in paragraphs 1, 2 and 3.
Member States shall submit a report on the effectiveness of such measures to the Commission and
the European Parliament every three years. Such reports shall be included in the national climate
and energy plans according to applicable reporting obligations [Governance regulation].
2. As an alternative to paragraph 1, Member States shall require that non-residential buildings
with a total effective rated heating, cooling or ventilation system output of over 290 kWare
equipped with building automation and control systems
6 by 2023. These systems shall be capable
of:
(a)
continuously monitoring, logging, analysing and allowing for adjusting energy usage;
(b)
benchmarking the building’s energy efficiency, detecting losses in efficiency of
technical building systems, and informing the person responsible for the facilities or
technical building management about opportunities for energy efficiency improvement;
and
(c)
allowing communication with connected technical building systems and other appliances
inside the building, and being interoperable with technical building systems across
different types of proprietary technologies, devices and manufacturers.
6
Possible definition to add: "
‘building automation and control system’ means a system
comprising all products, software and engineering services that can support energy-
efficient, economical and safe operation of technical building system through automatic
controls and by facilitating their manual management".
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3. As an alternative to paragraph 1 for residential buildings, Member States may set
requirements to ensure that residential buildings are equipped with:
(a)
the functionality of continuous electronic monitoring that measures systems' efficiency
and inform building owners or managers when it has fallen significantly and when
system servicing is necessary, and
(b)
effective control functionalities to ensure optimum generation, distribution, storage and
use of energy.’;
3a. Buildings that comply with paragraph 2 or 3 shall be exempt from the requirements laid down
in paragraph 1.
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.
Article 15
1. Member States shall lay down the necessary measures to establish a regular inspection of the
accessible parts of air-conditioning and ventilation systems, with an effective rated output of over
70 kW. The inspection shall include an assessment of the air-conditioning and ventilation efficiency
and the sizing compared to the cooling requirements of the building.
The assessment of the air-conditioning and ventilation efficiency shall consider the capabilities of
the system to optimize its performance at part load.
Where no changes have been made to the air-conditioning or ventilation system or the requirements
for cooling of the building since an inspection pursuant to this paragraph was carried out, Member
States may choose not to require the assessment of the sizing to be repeated.
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1a. 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.
Before Member States may apply the measures referred to in the first subparagraph, they shall
submit to the Commission an ex-ante overview of such procedures, justifying and quantifying
the equivalence of the effect of those measures to the measures referred to in paragraphs 1, 2 and 3.
Member States shall submit a report on the effectiveness of such measures to the Commission and
the European Parliament every three years. Such reports shall be included in the national climate
and energy plans according to applicable reporting obligations [Governance regulation].
2. As an alternative to paragraph 1, Member States shall require that non-residential buildings
with a total effective rated heating, cooling or ventilation system output of over 290 kW are
equipped with building automation and control systems by 2023. These systems shall be capable of:
(a)
continuously monitoring, logging, analysing and allowing for adjusting energy usage;
(b)
benchmarking the building’s energy efficiency, detecting losses in efficiency of
technical building systems, and informing the person responsible for the facilities or
technical building management about opportunities for energy efficiency improvement;
and
(c)
allowing communication with connected technical building systems and other appliances
inside the building, and being interoperable with technical building systems across
different types of proprietary technologies, devices and manufacturers.
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3. As an alternative to paragraph 1 for residential buildings, Member States may set
requirements to ensure that residential buildings are equipped with:
(a)
the functionality of continuous electronic monitoring that measures systems' efficiency
and inform building owners or managers when it has fallen significantly and when
system servicing is necessary, and
(b)
effective control functionalities to ensure optimum generation, distribution, storage and
use of energy.
3a. Buildings that comply with paragraph 2 or 3 shall be exempt from the requirements laid down
in paragraph 1.
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.
____________________
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