Proposal for a DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on the energy performance of buildings (recast) - General approach - Hoofdinhoud

Document­datum	21-10-2022
Publicatie­datum	22-10-2022
Kenmerk	13280/22
Externe link	origineel bericht
Originele document in PDF

Council of the European Union Brussels, 21 October 2022 (OR. en)

13280/22

Interinstitutional File: 2021/0426(COD) i

ENER 496 ENV 1055 TRANS 661 ECOFIN 1075 RECH 559 CODEC 1578 IA 159

NOTE

From: General Secretariat of the Council

To: Council

No. Cion doc.: 15088/21 +ADD1

Subject: Proposal for a DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on the energy performance of buildings (recast)

• - 

  General approach

• I. 

  INTRODUCTION

• 1. 

  The Commission submitted a proposal for a recast of the Energy Performance of Buildings Directive on 15 December 2021. The Directive forms part of the Commission Work

  Programme ‘Fit for 55’ package, setting the vision for achieving a zero-emission building stock by 2050. It is also a key component of the Renovation Wave Strategy published in October 2020. In addition, the Commission published the REPowerEU plan on 18 May 2022.

• 2. 

  This Directive is a key legislative instrument for delivering on the 2030 and 2050 decarbonisation objectives. The proposal is particularly important because buildings account for 40 % of energy consumed and 36 % of energy-related direct and indirect greenhouse gas emissions in the EU. It therefore constitutes one of the levers necessary for delivering on the Renovation Wave with specific regulatory, financing and enabling measures, with the objective of at least doubling the annual energy renovation rate of buildings by 2030 and fostering deep renovations. An important new feature of the revision is the introduction of minimum energy performance standards to trigger the required transformation of the sector, in particular for the worst-performing buildings.

II. EXAMINATION BY THE OTHER INSTITUTIONS

• 1. 

  The European Parliament appointed the Committee on Industry, Research and Energy (ITRE) as the committee responsible for this proposal and Mr Ciarán CUFFE (IE, Greens/EFA) as

  rapporteur and is expected to adopt its report in mid-December 2022.

• 2. 

  The Economic and Social Committee adopted its opinion in its plenary session on 23 March 2022.

• 3. 

  The Committee of the Regions adopted its opinion in its plenary session on 19 March 2022.

III. STATE OF PLAY IN THE COUNCIL

• 1. 

  The Working Party on Energy has been examining the proposal for a Directive since January 2022. The progress report was presented by the French Presidency at the 27 June 2022 TTE (Energy) Council.

• 2. 

  On the basis of the observations and the comments received from the Member States, on 13

  July 2022 the Czech Presidency prepared a draft compromise text (REV 2). Following further

  discussions in the Energy Working Party and written comments received, the Presidency

  prepared and issued a new draft compromise text (REV 3) on 14 September 2022. After

  subsequent discussions in the Energy Working Party, the Permanent Representatives

  Committee was asked for guidance for further work, in their meeting on 28 September.

  Following the exchange in the Permanent Representatives Committee and comments

  received, on 30 September, the Presidency issued a new compromise draft text (REV4).

• 3. 

  The Presidency analysed comments, including two non-papers, and on 12 October the

  Permanent Representatives Committee was asked for guidance for further work, in particular on Article 9. Based on observations, comments received from the Member States, including joint non-papers, the Presidency prepared a new compromise text (REV 5), which was issued on 17 October 2022 and discussed by the Permanent Representatives Committee on 19 October 2022.

• 4. 

  During the discussion on 19 October 2022, a broad majority of delegations expressed support for the latest Presidency compromise text. Some delegations raised objections on specific

  points in the text. On the basis of the discussions held so far, the Presidency considers that its latest compromise text reflects the balance between the positions of the delegations, and therefore provides a good basis for further work in the context of negotiations with the European Parliament.

IV. MAIN ELEMENTS OF THE PRESIDENCY COMPROMISE

• 1. 

  In Article 9, a differentiation was made for the residential and the non-residential sector. For non-residential buildings, Member States will set maximum energy performance thresholds, based on primary energy use. The first threshold would draw a line below the primary energy use of 15% of the worst-performing non-residential buildings in a member state. The second threshold would be set below 25%. All non-residential buildings would need to be below the 15% threshold by 2030 and below the 25% threshold by 2034.

• 2. 

  As for residential buildings, Member States will set minimum energy performance standards based on a national trajectory in line with the progressive renovation of their building stock into a zero-emission building stock by 2050, as outlined in their national building renovation plans. There will be two check points, in 2033 and 2040, which are described in the text.

• 3. 

  Article 9a from the REPowerEU proposal, on solar energy in buildings was inserted, with modifications. The Presidency added that relevant factors should be taken into account, such as structural integrity, biodiversity and stability of the electricity network.

• 4. 

  Article 9b, on Zero-emission buildings, reintroduces and amends the former Article 9 (on

  Nearly zero-energy buildings), that the Commission had marked as deleted in its proposal of the recast of this Directive. Parts of this Article were previously contained in Annex III in the Commission’s proposal. In the Presidency compromise, there is a specification of energy sources for new or renovated zero-emission budlings.

• 5. 

  Regarding Article 10 on renovation passport, the Presidency ensured a future-proof option, so that the on-site visits could be carried out by virtual means. The passport scheme itself is for

  voluntary use by building owners.

• 6. 

  In Article 12, on infrastructure for substantiable mobility, adjustments were made in the text, such as providing ducting (conduits for electric cables) as the first step in view of the future installations. This change is to accommodate plans for locally shared mobility infrastructure or to account for slower uptake of sustainable mobility infrastructure in certain buildings.

• 7. 

  In Article 16, on energy performance certificates, it was added that Member States which rescaled their classes recently would have the possibility to update their classes. The

  Presidency also introduced a new A0 (A “zero”) energy performance class.

• V. 

  CONCLUSION

• 1. 

  The Council is invited to adopt a general approach on the basis of the text set out in the annex to this note.

• 2. 

  This general approach will serve as the Council’s mandate for negotiations with the European Parliament in the context of the ordinary legislative procedure.

ANNEX

 2010/31/EU 2021/0426 (COD) i

Proposal for a

DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

on the energy performance of buildings (recast)

(Text with EEA relevance)

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular Article

194(2) thereof,

Having regard to the proposal from the European Commission,

After transmission of the draft legislative act to the national parliaments,

Having regard to the opinion of the European Economic and Social Committee 1 ,

Having regard to the opinion of the Committee of the Regions 2 ,

Acting in accordance with the ordinary legislative procedure,

Whereas:

1 OJ C […], […], p. […].

2 OJ C […], […], p. […].

 2010/31/EU recital 1 (adapted) (1) Directive 2002/91/EC i  2010/31/EU  of the European Parliament and of the Council 3

of 16 December 2002 on the energy performance of buildings 4 has been  substantially 

amended  several times  5 . Since further substantive amendments are to be made, it  that Directive  should be recast in the interests of clarity.

 new (2) Under the Paris Agreement, adopted in December 2015 under the United Nations

Framework Convention on Climate Change (UNFCCC), its Parties have agreed to hold the increase in the global average temperature well below 2°C above pre-industrial levels and to pursue efforts to limit the temperature increase to 1,5 °C above pre-industrial levels. Reaching the objectives of the Paris Agreement is at the core of the Commission Communication on “The European Green Deal” of 11 December 2019 6 . The Union committed itself to reduce the Union’s economy-wide net greenhouse gas emissions by at least 55 % by 2030 below 1990 levels in the updated nationally determined contribution

submitted to the UNFCCC Secretariat on 17 December 2020.

• (3) 

  As announced in the Green Deal, the Commission presented its Renovation Wave strategy on 14 October 2020 7 . The strategy contains an action plan with concrete regulatory, financing and enabling measures, with the objective to at least double the annual energy renovation rate of buildings by 2030 and to foster deep renovations. The revision of the Energy Performance of Buildings Directive is necessary as one of the vehicles to deliver on the Renovation Wave. It will also contribute to delivering on the New European Bauhaus initiative and the European mission on climate-neutral and smart cities.

3 Directive 2010/31 i/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).

4 OJ L 1, 4.1.2003, p. 65.

5 See Annex VIIIIV, Part A.

6 The European Green Deal, COM(2019) 640 final i.

7 A Renovation Wave for Europe - greening our buildings, creating jobs, improving lives,

COM/2020/662 final.

• (4) 

  Regulation (EU) 2021/1119 of the European Parliament and of the Council 8 , the ‘European Climate Law’, enshrines the target of economy-wide climate neutrality by 2050 in legislation and establishes a binding Union domestic reduction commitment of net greenhouse gas emissions (emissions after deduction of removals) of at least 55 % below 1990 levels by 2030.

• (5) 

  The “Fit for 55” legislative package announced in the European Commission 2021 Work Programme aims to implement those objectives. It covers a range of policy areas including energy efficiency, renewable energy, land use, land change and forestry, energy taxation, effort sharing, emissions trading and alternative fuels infrastructure. The revision of Directive 2010/31 i/EU is an integral part of that package.

   2010/31/EU recital 2 An efficient, prudent, rational and sustainable utilisation of energy applies, inter alia, to oil products, natural gas and solid fuels, which are essential sources of energy, but also the leading sources of carbon dioxide emissions.

8 Regulation (EU) 2021/1119 of the European Parliament and of the Council of 30 June 2021 establishing the framework for achieving climate neutrality and amending Regulations (EC) No 401/2009 i and (EU) 2018/1999 (‘European Climate Law’) (OJ L 243, 9.7.2021, p. 1).

 2010/31/EU recital 3 (adapted)  new

• (6) 

  Buildings account for 40 % of  final  total energy consumption in the Union  and 36% of its energy-related greenhouse gas emissions  . The sector is expanding, which is bound to increase its energy consumption. Therefore, reduction of energy consumption  , in line with the energy efficiency first principle as laid down in Article 3 [revised EED] and defined in Article 2(18) of Regulation (EU) 2018/1999 i of the European Parliament and of the Council 9  and the use of energy from renewable sources in the buildings sector constitute important measures needed to reduce the Union’s energy dependency and greenhouse gas emissions. Together with an increased use of energy from renewable sources, measures taken to reduce energy consumption in the Union would allow the Union to comply with the Kyoto Protocol to the United Nations Framework Convention on Climate Change (UNFCCC), and to honour both its long term commitment to maintain the global temperature rise below 2 °C, and its commitment to reduce, by 2020, overall greenhouse gas emissions by at least 20 % below 1990 levels, and by 30 % in the event of an international agreement being reached. Reduced energy consumption and an increased use of energy from renewable sources also have an important part to play in  reducing the Union’s energy dependency,  promoting security of energy supply,  and  technological developments and in creating opportunities for employment and regional development, in particular in  islands and  rural areas.

   new (7) Buildings are responsible for greenhouse gas emissions before, during and after their

operational lifetime. The 2050 vision for a decarbonised building stock goes beyond the current focus on operational greenhouse gas emissions. The whole life-cycle emissions of buildings should therefore progressively be taken into account, starting with new buildings. Buildings are a significant material bank, being repositories for resources over many decades, and the design options largely influence the whole life-cycle emissions both for new buildings and renovations. The whole life-cycle performance of buildings should be taken into account not only in new construction, but also in renovations through the inclusion of policies for the reduction of whole life-cycle greenhouse gas emissions in

Member States’ building renovation plans.

9 Regulation (EU) 2018/1999 i of the European Parliament and of the Council of 11 December 2018 on the Governance of the Energy Union and Climate Action, amending Regulations

(EC) No 663/2009 and (EC) No 715/2009 of the European Parliament and of the Council, Directives 94/22/EC i, 98/70/EC, 2009/31/EC i, 2009/73/EC, 2010/31 i/EU, 2012/27 i/EU and 2013/30/EU of the European Parliament and of the Council, Council Directives 2009/119/EC i and (EU) 2015/652 and repealing Regulation (EU) No 525/2013 i of the European Parliament and of the Council (OJ L 328, 21.12.2018, p. 1).

• (8) 

  Minimizing the whole life-cycle greenhouse gas emissions of buildings requires resource efficiency and circularity. This can also be combined with turning parts of the building stock into a temporary carbon sink.

• (9) 

  The global warming potential over the whole life-cycle indicates the building’s overall contribution to emissions that lead to climate change. It brings together greenhouse gas emissions embodied in construction products with direct and indirect emissions from the use stage. A requirement to calculate the life-cycle global warming potential of new buildings therefore constitutes a first step towards increased consideration of the whole life-cycle performance of buildings and a circular economy.

• (10) 

  Buildings are responsible for about half of primary fine particulate matter (PM2.5) emissions in the EU that cause premature death and illness. Improving energy performance of buildings can and should reduce pollutant emissions at the same time, in line with Directive (EU) 2016/2284 of the European Parliament and the Council 10 .

   2010/31/EU recital 4 Management of energy demand is an important tool enabling the Union to influence the global energy market and hence the security of energy supply in the medium and long term.

10 Directive (EU) 2016/2284 of the European Parliament and of the Council of 14 December 2016 on the reduction of national emissions of certain atmospheric pollutants, amending

Directive 2003/35/EC i and repealing Directive 2001/81/EC i (OJ L 344, 17.12.2016, p.1).

 2010/31/EU recital 5 (adapted) The European Council of March 2007 emphasised the need to increase energy efficiency in the Union so as to achieve the objective of reducing by 20 % the Union’s energy consumption by 2020 and called for a thorough and rapid implementation of the priorities established in the Commission Communication entitled ‘Action plan for energy efficiency: realising the potential’. That action plan identified the significant potential for cost-effective energy savings in the buildings sector. The European Parliament, in its resolution of 31 January 2008, called for the strengthening of the provisions of Directive 2002/91/EC i, and has called at various times, on the latest occasion in its resolution of 3 February 2009 on the Second Strategic Energy Review, for the 20 % energy efficiency target in 2020 to be made binding. Moreover, Decision No 406/2009/EC of the European Parliament and of the Council of 23 April 2009 on the effort of Member States to reduce their greenhouse gas emissions to meet the Community’s greenhouse gas emission reduction

11

commitments up to 2020 , sets national binding targets for CO 2 reduction for which energy efficiency in the building sector will be crucial, and Directive 2009/28/EC i of the European

Parliament and of the Council of 23 April 2009 on the promotion of the use of energy from

renewable sources 12 provides for the promotion of energy efficiency in the context of a binding

target for energy from renewable sources accounting for 20 % of total Union energy consumption by 2020.

 2010/31/EU recital 6 (adapted) The European Council of March 2007 reaffirmed the Union’s commitment to the Union-wide development of energy from renewable sources by endorsing a mandatory target of a 20 % share of energy from renewable sources by 2020. Directive 2009/28/EC i establishes a common framework for the promotion of energy from renewable sources.

11 OJ L 140, 5.6.2009, p. 136.

12 OJ L 140, 5.6.2009, p. 16.

 2010/31/EU recital 7 (adapted) It is necessary to lay down more concrete actions with a view to achieving the great unrealised potential for energy savings in buildings and reducing the large differences between Member States’ results in this sector.

 2010/31/EU recital 8 (adapted)  new

• (11) 

  Measures to improve further the energy performance of buildings should take into account climatic  conditions,   including adaptation to climate change,  and local conditions as well as indoor climate environment and cost-effectiveness. These  Those  measures should not affect other requirements concerning buildings such as accessibility  , fire safety and seismic  safety and the intended use of the building.

   2010/31/EU recital 9  new  Council

• (12) 

  The energy performance of buildings should be calculated on the basis of a methodology, which may be differentiated at national and regional level. That includes, in addition to thermal characteristics, other factors that play an increasingly important role such as heating and air-conditioning installations,  […]   use  of energy from renewable sources,  building automation and control systems, smart solutions,  passive heating and cooling elements, shading, indoor air-quality, adequate natural light and design of the building. The methodology for calculating energy performance should be based not only on the season in which heating  or air-conditioning  is required, but should cover the annual energy performance of a building. That methodology should take into account existing European standards.  The methodology should ensure the representation of actual operating conditions and enable the use of metered energy to verify correctness and for comparability, and the methodology should be based on  monthly,  hourly or sub-hourly time-steps. In order to encourage the use of renewable energy on-site, and in addition to the common general framework, Member States should take the necessary measures so that the benefits of maximising the use of renewable energy on-site, including for other-uses (such as electric vehicle charging points), are recognised and accounted for in the calculation methodology. 

   2010/31/EU recital 10 (adapted)  new

• (13) 

  It is the sole responsibility of Member States  should  to set minimum requirements for the energy performance of buildings and building elements. Those requirements should be set with a view to achieving the cost-optimal balance between the investments involved and the energy costs saved throughout the lifecycle of the building, without prejudice to the right of Member States to set minimum requirements which are more energy efficient than costoptimal energy efficiency levels. Provision should be made for the possibility for Member States to review regularly their minimum energy performance requirements for buildings in the light of technical progress.

   2010/31/EU recital 11 The objective of cost-effective or cost-optimal energy efficiency levels may, in certain circumstances, for example in the light of climatic differences, justify the setting by Member States of cost-effective or cost-optimal requirements for building elements that would in practice limit the installation of building products that comply with standards set by Union legislation, provided that such requirements do not constitute an unjustifiable market barrier.

   new  Council

• (14) 

  Two-thirds of the energy used for heating and cooling of buildings still comes from fossil fuels. In order to decarbonise the building sector, it is of particular importance to phase out fossil fuel in heating and cooling. Therefore, Member States should indicate their national policies and measures to phase out fossil fuels in heating and cooling in their building renovation plans, and no financial incentives should be given for the installation of fossil fuel boilers under the next Multiannual Financial Framework as of  2025   […]  , with the exception of those selected for investment, before  2025   […]  , under the European Regional Development Fund and on the Cohesion Fund. A clear legal basis for the ban of heat generators based on their greenhouse gas emissions or the type of fuel used should support national phase-out policies and measures.

   2010/31/EU recital 12  new

• (15) 

   Energy performance requirements for technical building systems should apply to whole systems, as installed in buildings, and not to the performance of standalone components, which fall under the scope of product-specific regulations under Directive 2009/125/EC i.  When setting energy performance requirements for technical building systems, Member States should use, where available and appropriate, harmonised instruments, in particular testing and calculation methods and energy efficiency classes developed under measures implementing Directive 2009/125/EC i of the European Parliament and of the Council of 21 October 2009 establishing a framework for the setting of ecodesign requirements for energyrelated products 13 and Directive 2010/30 i/EU19 May 2010 on the indication by labelling and standard product information of the consumption of energy and other resources by energyrelated

 products 14 Regulation (EU) 2017/1369 of the European Parliament and of the Council 15 , with a view to ensuring coherence with related initiatives and minimise, to the

extent possible, potential fragmentation of the market.

 2010/31/EU recital 13 (16) This Directive is without prejudice to Articles 107 and 108 of the Treaty on the Functioning

of the European Union (TFEU). The term ‘incentive’ used in this Directive should not

therefore be interpreted as constituting State aid.

13 Directive 2009/125/EC i of the European Parliament and of the Council of 21 October 2009 establishing a framework for the setting of ecodesign requirements for energy-related

products (OJ L 285, 31.10.2009, p. 10). 14 See page 1 of this Official Journal.

15 Regulation (EU) 2017/1369 of the European Parliament and of the Council of 4 July 2017 setting a framework for energy labelling and repealing Directive 2010/30 i/EU (OJ L 198,

28.7.2017, p. 1).

 2010/31/EU recital 14 (adapted)  new

• (17) 

  The Commission should lay down a comparative methodology framework for calculating cost-optimal levels of minimum energy performance requirements.  A review of this framework should enable the calculation of both energy and emission performance and should take into account environmental and health externalities, as well as the ETS extension and carbon prices.  Member States should use this  that  framework to compare the results with the minimum energy performance requirements which they have adopted. Should significant discrepancies, i.e. exceeding 15 %, exist between the calculated cost-optimal levels of minimum energy performance requirements and the minimum energy performance requirements in force, Member States should justify the difference or plan appropriate steps to reduce the discrepancy. The estimated economic lifecycle of a building or building element should be determined by Member States, taking into account current practices and experience in defining typical economic lifecycles. The results of this  that  comparison and the data used to reach these  those  results should be regularly reported to the Commission. These  Those  reports should enable the Commission to assess and report on the progress of Member States in reaching cost-optimal levels of minimum energy performance requirements.

   2010/31/EU recital 15 Buildings have an impact on long-term energy consumption. Given the long renovation cycle for existing buildings, new, and existing buildings that are subject to major renovation, should therefore meet minimum energy performance requirements adapted to the local climate. As the application of alternative energy supply systems is not generally explored to its full potential, alternative energy supply systems should be considered for new buildings, regardless of their size, pursuant to the principle of first ensuring that energy needs for heating and cooling are reduced to cost-optimal levels.

   2010/31/EU recital 16 (18) Major renovations of existing buildings, regardless of their size, provide an opportunity to

  take cost-effective measures to enhance energy performance. For reasons of costeffectiveness, it should be possible to limit the minimum energy performance requirements to the renovated parts that are most relevant for the energy performance of the building. Member States should be able to choose to define a ‘major renovation’ either in terms of a percentage of the surface of the building envelope or in terms of the value of the building. If a Member State decides to define a major renovation in terms of the value of the building, values such as the actuarial value, or the current value based on the cost of reconstruction, excluding the value of the land upon which the building is situated, could be used.

   2010/31/EU recital 17 Measures are needed to increase the number of buildings which not only fulfil current minimum energy performance requirements, but are also more energy efficient, thereby reducing both energy consumption and carbon dioxide emissions. For this purpose Member States should draw up national plans for increasing the number of nearly zero-energy buildings and regularly report such plans to the Commission.

   new  Council

• (19) 

  The enhanced climate and energy ambition of the Union requires a new vision for buildings: the zero-emission building,  with   […]  very low energy demand ,  zero on-site carbon emissions from fossil fuels and zero or a very low amount of operational greenhouse gas emissions   […]  . All new buildings should be zero-emission buildings, and all existing buildings should be transformed into zero-emission buildings by 2050.

 (19a) When existing building is altered, it is not considered to be a new building. 

• (20) 

  Different options are available to cover the energy needs of an efficient building by energy from renewable sources: on-site renewables such as solar thermal, solar photovoltaics, heat pumps and biomass, renewable energy provided by renewable energy communities or citizen energy communities, and district heating and cooling based on renewables or waste heat.

• (21) 

  The necessary decarbonisation of the Union building stock requires energy renovation at a large scale: almost 75% of that building stock is inefficient according to current building standards, and 85-95% of the buildings that exist today will still be standing in 2050. However, the weighted annual energy renovation rate is persistently low at around 1%. At the current pace, the decarbonisation of the building sector would require centuries. Triggering and supporting building renovation, including a shift towards emission-free heating systems, is therefore a key goal of this Directive.

• (22) 

  Minimum energy performance standards are the essential regulatory tool to trigger renovation of existing buildings on a large scale, as they tackle the key barriers to renovation such as split incentives and co-ownership structures, which cannot be overcome by economic incentives. The introduction of minimum energy performance standards should lead to a gradual phase-out of the worst-performing buildings and a continuous improvement of the national building stock, contributing to the long-term goal of a decarbonised building stock by 2050.

• (23) 

  Minimum energy performance standards  for non-residential buildings should be  set at Union level  and  should focus on the renovation of the  worst-performing  buildings,  which have   […]  the highest potential in terms of decarbonisation  […]  and extended social and economic benefits,  […]   and therefore  need to be renovated as a priority.

   Council (23a) For residential buildings, Member States should have the flexibility to design minimum

energy performance standards at the national level, adapted to national conditions and based on a national trajectory with intermediate milestones for the average energy performance of the residential building stock. Having different ownership structures, there is a need to allow for a separate treatment of single-family houses, when establishing minimum energy performance standards in the residential sector so that Member States are able to choose the

best approach to focus on this sector.

 new  Council

• (24) 

   […]  . When reviewing this Directive, the Commission should assess whether further binding minimum energy performance standards need to be introduced in order to achieve a decarbonised building stock by 2050.

• (25) 

  The introduction of minimum energy performance standards should be accompanied by an enabling framework including technical assistance and financial measures. Minimum energy performance standards set at national level do not amount to “Union standards” within the meaning of State aid rules, while Union-wide minimum energy performance standards might be considered constituting such “Union standards”. In line with revised State aid rules, Member States may grant State aid to building renovation to comply with the Unionwide energy performance standards, namely to achieve a certain energy performance class, until those Union-wide standards become mandatory. Once the standards are mandatory, Member States may continue to grant State aid for the renovation of buildings and building units falling under the Union-wide energy performance standards as long as the building renovation aims at a higher standard than the specified minimum energy performance class.

• (26) 

  The EU Taxonomy classifies environmentally sustainable economic activities across the economy, including for the building sector. Under the EU Taxonomy Climate Delegated Act, building renovation is considered a sustainable activity where it achieves at least 30% energy savings, complies with minimum energy performance requirements for major renovation of existing buildings, or consists of individual measures related to the energy performance of buildings, such as the installation, maintenance or repair of energy efficiency equipment or of instruments and devices for measuring, regulating and controlling the energy performance of buildings, where such individual measures comply with the criteria set out. Building renovation to comply with Union-wide minimum energy performance standards is typically in line with the EU Taxonomy criteria related to building renovation activities.

 […] 

• (28) 

  Minimum energy performance requirements for existing buildings and building elements were already contained in the predecessors of this Directive and should continue to apply. While the newly introduced minimum energy performance standards set a floor for the minimum energy performance of existing buildings and ensure that renovation of inefficient buildings takes place, minimum energy performance requirements for existing buildings and building elements ensure the necessary depth of renovation when a renovation takes place.

   Council (28 a) There is an urgent need to reduce the dependence on fossil fuels in buildings and to

  accelerate efforts to decarbonise and electrify their energy consumption. In order to enable the cost-effective installation of solar technologies at a later stage, all new buildings should be “solar ready”, that is, designed to optimise the solar generation potential on the basis of the site’s solar irradiance, enabling the fruitful installation of solar technologies without costly structural interventions. In addition, Member States should ensure the deployment of suitable solar installations on new buildings, both residential and non-residential, and on existing non-residential buildings. Large scale deployment of solar energy on buildings would make a major contribution to shielding more effectively consumers from increasing and volatile prices of fossil fuels, reduce the exposure of vulnerable citizens to high energy costs and result in wider environmental, economic and social benefits. In order to efficiently exploit the potential of solar installations on buildings, Member States should define criteria for the implementation of, and possible exemptions from, the deployment of solar installations on buildings in line with the assessed technical and economic potential of the solar energy installations and the characteristics of the buildings covered by this obligation, also taking into account the principle of technology neutrality and the combination of solar installations with other roof uses, such as green roofs or other building services installations As the obligation to deploy solar installations on individual buildings depends on the criteria specified by Member States, the provisions on solar energy on buildings do not qualify as a “Union standard” within the meaning of State aid rules.

   new

   Council (28 b) Member States should be responsible for the classificationof buildings as residential and

  non-residential, including mixed-use buildings, in accordance with this Directive.

   new  Council

• (29) 

  To achieve a highly energy efficient and decarbonised building stock and the transformation of existing buildings into zero-emission buildings by 2050, Member States should establish national building renovation plans, which replace the long-term renovation strategies and become an even stronger, fully operational planning tool for Member States, with a stronger focus on financing and ensuring that appropriately skilled workers are available for carrying out building renovations. In their building renovation plans, Member States should set their own national building renovation targets. In line with Article 21(b)(7) of Regulation (EU) 2018/1999 i and with the enabling conditions set under Regulation (EU) 2021/60 of the European Parliament and of the Council 16 , Member States should provide an outline of financing measures, as well as an outline of the investment needs and the administrative resources for the implementation of their building renovation plans.

• (30) 

  The national building renovation plans should be based on a harmonised template in order to ensure comparability of plans. In order to ensure the required ambition, the Commission should assess the draft plans and issue recommendations to Member States.

• (31) 

  The national building renovation plans should be closely linked with the integrated national energy and climate plans under Regulation (EU) 2018/1999 i, and progress in achieving the national targets and the contribution of the building renovation plans to national and Union targets should be reported as part of the biennial reporting under Regulation (EU) 2018/1999 i. Considering the urgency to scale up renovation based on solid national plans, the date for the submission of the first national building renovation plan should be set as early as possible.

16 Regulation (EU) 2021/1060 of the European Parliament and of the Council of 24 June 2021 laying down common provisions on the European Regional Development Fund, the

European Social Fund Plus, the Cohesion Fund, the Just Transition Fund and the European Maritime, Fisheries and Aquaculture Fund and financial rules for those and for the Asylum, Migration and Integration Fund, the Internal Security Fund and the Instrument for Financial Support for Border Management and Visa Policy (OJ L 231, 30.6.2021, p. 159).

• (32) 

  Staged renovation can be a solution to address the issues of high upfront costs and hassle for the inhabitants that may occur when renovating ‘in one go’. However, such staged renovation needs to be carefully planned in order to avoid that one renovation step precludes necessary subsequent steps. Renovation passports provide a clear roadmap for staged renovation, helping owners and investors plan the best timing and scope for interventions. Therefore, renovation passports should be made available as a voluntary tool to building owners across all Member States.

• (33) 

  The concept of ‘deep renovation’ has not yet been defined in Union legislation. With a view to achieving the long-term vision for buildings, deep renovation should be defined as a renovation that transforms buildings into zero-emission buildings; in a first step, as a renovation that transforms buildings into nearly zero-energy buildings. This definition serves the purpose of increasing the energy performance of buildings. A deep renovation for energy performance purposes  may also be   […]  a prime opportunity to address other aspects such as living conditions of vulnerable households, increasing climate resilience, resilience against disaster risks including seismic resilience, fire safety, the removal of hazardous substances including asbestos, and accessibility for persons with disabilities.

• (34) 

  In order to foster deep renovation, which is one of the goals of the Renovation Wave strategy, Member States should give enhanced financial and administrative support to deep renovation.

• (35) 

  Member States should support energy performance upgrades of existing buildings that contribute to achieving a healthy indoor environment, including through the removal of asbestos and other harmful substances, preventing the illegal removal of harmful substances, and facilitating compliance with existing legislative acts such as Directives 2009/148 i/EU 17 and (EU) 2016/2284 18 of the European Parliament and of the Council.

17 Directive 2009/148/EC i of the European Parliament and of the Council of 30 November

2009 on the protection of workers from the risks related to exposure to asbestos at work (OJ L 330, 16.12.2009, p. 28).

18 Directive (EU) 2016/2284 of the European Parliament and of the Council of 14 December 2016 on the reduction of national emissions of certain atmospheric pollutants, amending

Directive 2003/35/EC i and repealing Directive 2001/81/EC i (OJ L 344, 17.12.2016, p. 1).

• (36) 

  Electric vehicles are expected to play a crucial role in the decarbonisation and efficiency of the electricity system, namely through the provision of flexibility, balancing and storage services, especially through aggregation. This potential of electric vehicles to integrate with the electricity system and contribute to system efficiency and further absorption of renewable electricity should be fully exploited. Charging in relation to buildings is particularly important, since this is where electric vehicles park regularly and for long periods of time. Slow charging is economical and the installation of recharging points in private spaces can provide energy storage to the related building and integration of smart charging services and system integration services in general.

• (37) 

  Combined with an increased share of renewable electricity production, electric vehicles produce  less   […]  greenhouse gas emissions. Electric vehicles constitute an important component of a clean energy transition based on energy efficiency measures, alternative fuels, renewable energy and innovative solutions for the management of energy flexibility. Building codes can be effectively used to introduce targeted requirements to support the deployment of recharging infrastructure in car parks of residential and nonresidential buildings. Member States should  aim to  remove barriers such as split incentives and administrative complications which individual owners encounter when trying to install a recharging point on their parking space.

• (38) 

  Pre-cabling  and ducting  provides the right conditions for the rapid deployment of recharging points if and where they are needed. Readily available infrastructure will decrease the costs of installation of recharging points for individual owners and ensure that electric vehicle users have access to recharging points. Establishing requirements for electromobility at Union level concerning the pre-equipping of parking spaces and the installation of recharging points is an effective way to promote electric vehicles in the near future while enabling further development at a reduced cost in the medium to long term. Where technically feasible, Member States should ensure the accessibility of recharging points for persons with disabilities.

• (39) 

  Smart charging and bidirectional charging enable the energy system integration of buildings. Recharging points where electric vehicles typically park for extended periods of time, such as where people park for reasons of residence or employment, are highly relevant to energy system integration, therefore smart charging functionalities need to be ensured. In situations where bidirectional charging would assist further penetration of renewable electricity by electric vehicle fleets in transport and the electricity system in general, such functionality should also be made available.

• (40) 

  Promoting green mobility is a key part of the European Green Deal and buildings can play an important role in providing the necessary infrastructure, not only for recharging of electric vehicles but also for bicycles. A shift to soft mobility such as cycling can significantly reduce greenhouse gas emissions from transport. As set out in the 2030 Climate Target Plan, increasing the modal shares of clean and efficient private and public transport, such as cycling, will drastically lower pollution from transport and bring major benefits to individual citizens and communities. The lack of bike parking spaces is a major barrier to the uptake of cycling, both in residential and non-residential buildings. Building codes can effectively support the transition to cleaner mobility by establishing requirements for a minimum number of bicycle parking spaces.

• (41) 

  The agendas of the Digital Single Market and the Energy Union should be aligned and should serve common goals. The digitalisation of the energy system is quickly changing the energy landscape, from the integration of renewables to smart grids and smart-ready buildings. In order to digitalise the building sector, the Union’s connectivity targets and ambitions for the deployment of high-capacity communication networks are important for smart homes and well-connected communities. Targeted incentives should be provided to promote smart-ready systems and digital solutions in the built environment. This would offer new opportunities for energy savings, by providing consumers with more accurate information about their consumption patterns, and by enabling the system operator to manage the grid more effectively.

• (42) 

  In order to facilitate a competitive and innovative market for smart building services that contributes to efficient energy use and integration of renewable energy in buildings and support investments in renovation, Member States should ensure direct access to building systems’ data by interested parties. To avoid excessive administrative costs for third parties, Member States shall facilitate the full interoperability of services and of the data exchange within the Union.

• (43) 

  The smart readiness indicator should be used to measure the capacity of buildings to use information and communication technologies and electronic systems to adapt the operation of buildings to the needs of the occupants and the grid and to improve the energy efficiency and overall performance of buildings. The smart readiness indicator should raise awareness amongst building owners and occupants of the value behind building automation and electronic monitoring of technical building systems and should give confidence to occupants about the actual savings of those new enhanced-functionalities. The smart readiness indicator is particularly beneficial for large buildings with high energy demand. For other buildings, the scheme for rating the smart readiness of buildings should be optional for Member States.

   2010/31/EU recital 18 (adapted)  new

• (44) 

   Access to sufficient funding is crucial to meet the 2030 and 2050 energy efficiency targets.  Union financial instruments and other measures are being  have been  put into place or adapted with the aim of  supporting the energy performance of buildings  stimulating energy efficiency-related measures.  The most recent initiatives to increase the availability of financing at Union level include, inter alia, the ‘Renovate’ flagship component of the Recovery and Resilience Facility established by Regulation (EU) 2041/241 of the European Parliament and the Council 19 and the Social Climate Fund established by Regulation (EU) …/…. Several other key EU programmes can support energy renovation under the 2021-2027 Multiannual Financial Framework, including the cohesion policy funds and the InvestEU Fund established by Regulation (EU) 2021/523 of the European Parliament and of the Council 20 . Through Framework Programmes for research and innovation, the Union invests in grants or loans to push the best technology and improve the energy performance of buildings, including through partnerships with industry and Member States such as the Clean Energy Transition and Built4People European Partnerships.  Such financial instruments at Union level include, inter alia, Regulation (EC) No 1080/2006 i of the European Parliament and of the Council of 5 July 2006 on the

European Regional Development Fund 21 , amended to allow increased investments in energy

efficiency in housing; the public-private partnership on a ‘European energy-efficient buildings’ initiative to promote green technologies and the development of energy-efficient systems and materials in new and renovated buildings; the EC-European Investment Bank (EIB) initiative ‘EU sustainable energy financing initiative’ which aims to enable, inter alia, investments for energy efficiency and the EIB-led ‘Marguerite Fund’: the 2020 European Fund for Energy, Climate Change and Infrastructure; Council Directive 2009/47/EC i of 5

May 2009 amending Directive 2006/112/EC i as regards reduced rates of value added tax 22 ,

structural and cohesion funds instrument Jeremie (Joint European Resources for micro to medium enterprises); the Energy Efficiency Finance Facility; the Competitiveness and Innovation Framework Programme including the Intelligent Energy Europe II Programme focused specifically on removing market barriers related to energy efficiency and energy from renewable sources through for example the technical assistance facility ELENA (European Local Energy Assistance); the Covenant of Mayors; the Entrepreneurship and Innovation programme; the ICT Policy Support Programme 2010, and the Seventh Research Framework Programme. The European Bank for Reconstruction and Development also

provides funding with the aim of stimulating energy-efficiency-related measures.

19 Regulation (EU) 2021/241 of the European Parliament and of the Council of 12 February

2021 establishing the Recovery and Resilience Facility (OJ L 57, 18.2.2021) 20 Regulation (EU) 2021/523 of the European Parliament and of the Council of 24 March 2021

establishing the InvestEU Programme and amending Regulation (EU) 2015/1017 (OJ L 107, 26.3.2021, p. 30).

21 OJ L 210, 31.7.2006, p. 1.

22 OJ L 116, 9.5.2009, p. 18.

 2010/31/EU recital 19  new

• (45) 

  Union financial instruments should be used to give practical effect to the objectives of this Directive, without however substituting national measures. In particular,  due to the scale of the renovation effort needed,  they should be used for providing appropriate and innovative means of financing to catalyse investment in energy  performance of buildings  efficiency measures. They could play an important role in the development of national, regional and local energy efficiency funds, instruments, or mechanisms, which deliver such financing possibilities to private property owners, to small and medium-sized enterprises and to energy efficiency service companies.

   new  Council

• (46) 

  Financial mechanisms, incentives and the mobilisation of financial institutions for energy renovations in buildings should play a central role in national building renovation plans and be actively promoted by Member States. Such measures should include encouraging energy efficient mortgages for certified energy efficient building renovations, promoting investments for public  […]   bodies  in an energy efficient building stock, for example by public-private partnerships or energy performance contracts or reducing the perceived risk of the investments.

• (47) 

  Financing alone will not deliver on the renovation needs. Together with financing, setting up accessible and transparent advisory tools and assistance instruments such as one-stop-shops that provide integrated energy renovation services or facilitators, as well as implementing other measures and initiatives such as those referred to in the Commission’s Smart Finance for Smart Buildings Initiative, is indispensable to provide the right enabling framework and break barriers to renovation.

• (48) 

  Inefficient buildings are often linked to energy poverty and social problems. Vulnerable households are particularly exposed to increasing energy prices as they spend a larger proportion of their budget on energy products. By reducing excessive energy bills, building renovation can lift people out of energy poverty and also prevent it. At the same time, building renovation does not come for free, and it is essential to ensure that the social impact of the costs for building renovation, notably on vulnerable households, is kept in check. The renovation wave should leave no one behind and be seized as an opportunity to improve the situation of vulnerable households, and a fair transition towards climate neutrality should be ensured. Therefore, financial incentives and other policy measures should as a priority target vulnerable households, people affected by energy poverty and people living in social housing, and Member States should take measures to prevent evictions because of renovation. The Commission proposal for a Council Recommendation on ensuring a fair transition towards climate neutrality provides a common framework and shared understanding of comprehensive policies and investments needed for ensuring that the transition is fair.

   Council (48a) Energy performance certificates for buildings have been in use since 2002. However, the use

of different scales and formats hinders the comparability between different national schemes. Greater comparability of energy performance certificates across the Union facilitates the use of energy performance certificates by financial institutions, thereby steering financing towards more energy-performant buildings and building renovation. The EU Green Taxonomy relies on the use of energy performance certificates and accentuates the need to improve their comparability. Introducing a common scale of energy performance classes and a common template should ensure sufficient comparability between energy

performance certificates across the Union.

 new

 Council (48b) A number of Member States have recently modified their energy performance certification

schemes. In order to avoid disruption, those Member States should have additional time to

adapt their schemes.

 new

 2010/31/EU recital 20 In order to provide the Commission with adequate information, Member States should draw up lists of existing and proposed measures, including those of a financial nature, other than those required by this Directive, which promote the objectives of this Directive. The existing and proposed measures listed by Member States may include, in particular, measures that aim to reduce existing legal and market barriers and encourage investments and/or other activities to increase the energy efficiency of new and existing buildings, thus potentially contributing to reducing energy poverty. Such measures could include, but should not be limited to, free or subsidised technical assistance and advice, direct subsidies, subsidised loan schemes or low interest loans, grant schemes and loan guarantee schemes. The public authorities and other institutions which provide those measures of a financial nature could link the application of such measures to the indicated energy performance and the recommendations from energy performance certificates.

 2010/31/EU recital 21 In order to limit the reporting burden on Member States it should be possible to integrate the reports required by this Directive into the Energy Efficiency Action Plans referred to in Article 14(2) of Directive 2006/32/EC i of the European Parliament and of the Council of 5 April 2006 on energy end-use efficiency and energy services 23 . The public sector in each Member State should lead the way in the field of energy performance of buildings, and therefore the national plans should set more ambitious targets for the buildings occupied by public authorities.

 2010/31/EU recital 22 (adapted)  new

• (49) 

   In order to ensure that the energy performance of buildings can be taken into account by prospective buyers or tenants early in the process, buildings or building units which are offered for sale or rent should have an energy performance certificate, and the energy performance class and indicator should be stated in all advertisements.  The prospective buyer  or  and tenant of a building or building unit should, in the energy performance certificate, be given correct information about the energy performance of the building and practical advice on improving such performance. Information campaigns may serve to further encourage owners and tenants to improve the energy performance of their building or building unit. Owners and tenants of commercial buildings should also be encouraged to exchange information regarding actual energy consumption, in order to ensure that all the data are available to make informed decisions about necessary improvements. The energy performance certificate should also provide information about the actual impact of heating and cooling on the energy needs of the building, on its primary energy consumption  , on its renewable energy production  and on its  operational greenhouse gas  carbon dioxide emissions.

23 OJ L 114, 27.4.2006, p. 64.

 new (50) The monitoring of the building stock is facilitated by the availability of data collected by

digital tools, thereby reducing administrative costs. Therefore, national databases for energy performance of buildings should be set up, and the information contained therein should be

transferred to the EU Building Stock Observatory.

 2010/31/EU recital 23 Public authorities should lead by example and should endeavour to implement the recommendations included in the energy performance certificate. Member States should include within their national plans measures to support public authorities to become early adopters of energy efficiency improvements and to implement the recommendations included in the energy performance certificate as soon as feasible.

 2010/31/EU recital 24 (adapted)  new  Council

• (51) 

  Buildings occupied by public  […]   bodies  and buildings frequently visited by the public should set an example by showing that environmental and energy considerations are being taken into account and therefore those buildings should be subject to energy certification on a regular basis. The dissemination to the public of information on energy performance should be enhanced by clearly displaying these  those  energy performance certificates, in particular in buildings of a certain size which are occupied by public  […]   bodies  or which are frequently visited by the public, such as  town halls, schools,  shops and shopping centres, supermarkets, restaurants, theatres, banks and hotels.

   2010/31/EU recital 25 (adapted) (52) Recent years have seen a rise in the number of air-conditioning systems in European

countries. This  That  creates considerable problems at peak load times, increasing the cost of electricity and disrupting the energy balance. Priority should be given to strategies which enhance the thermal performance of buildings during the summer period. To that end, there should be focus on measures which avoid overheating, such as shading and sufficient thermal capacity in the building construction, and further development and application of passive cooling techniques, primarily those that improve indoor climatic conditions and the

micro-climate around buildings.

 2010/31/EU recital 26  new

• (53) 

  Regular maintenance and inspection of heating  , ventilation  and air-conditioning systems by qualified personnel contributes to maintaining their correct adjustment in accordance with the product specification and in that way ensures optimal performance from an environmental, safety and energy point of view. An independent assessment of the entire heating  , ventilation  and air-conditioning system should occur at regular intervals during its lifecycle in particular before its replacement or upgrading. In order to minimise the administrative burden on building owners and tenants, Member States should endeavour to combine inspections and certifications as far as possible.

   2010/31/EU recital 27 (adapted)  new

• (54) 

  A common approach to the energy performance certification of buildings  , renovation passports, smart readiness indicators  and to the inspection of heating and air-conditioning systems, carried out by qualified and/or  certified  accredited experts, whose independence is to be guaranteed on the basis of objective criteria, will contribute to a level playing field as regards efforts made in Member States to energy saving in the buildings sector and will introduce transparency for prospective owners or users with regard to energy performance in the Union property market. In order to ensure the quality of energy performance certificates  , renovation passports, smart readiness indicators  and of the inspection of heating and air-conditioning systems throughout the Union, an independent control mechanism should be established in each Member State.

   Council (54a) A sufficient number of reliable professionals competent in the field of energy renovation

should be available to ensure sufficient capacity to carry out quality renovation works at the required scale. Member States should therefore where appropriate and feasible put in place certification schemes for integrated renovation works, which require expertise in multiple building elements or systems such as building insulation, electricity and heating systems and the installation of solar panels; professionals involved may include designers, general

contractors, specialist contractors and installers.

 2010/31/EU recital 27

 2010/31/EU recital 28 (55) Since local and regional authorities are critical for the successful implementation of this

Directive, they should be consulted and involved, as and when appropriate in accordance with applicable national legislation, on planning issues, the development of programmes to provide information, training and awareness-raising, and on the implementation of this Directive at national or regional level. Such consultations may also serve to promote the provision of adequate guidance to local planners and building inspectors to carry out the necessary tasks. Furthermore, Member States should enable and encourage architects and planners to properly consider the optimal combination of improvements in energy efficiency, use of energy from renewable sources and use of district heating and cooling

when planning, designing, building and renovating industrial or residential areas.

 2010/31/EU recital 29 (56) Installers and builders are critical for the successful implementation of this Directive.

Therefore, an adequate number of installers and builders should, through training and other measures, have the appropriate level of competence for the installation and integration of the

energy efficient and renewable energy technology required.

 2010/31/EU recital 30 Member States should take account of Directive 2005/36/EC i of the European Parliament and of the Council of 7 September 2005 on the recognition of professional qualifications 24 with regard to the mutual recognition of professional experts which are addressed by this Directive, and the Commission should continue its activities under the Intelligent Energy Europe Programme on guidelines and recommendations for standards for the training of such professional experts.

 2010/31/EU recital 31 (adapted) In order to enhance the transparency of energy performance in the Union’s non-residential property market, uniform conditions for a voluntary common certification scheme for the energy performance of non-residential buildings should be established. In accordance with Article 291 TFEU, rules and general principles concerning mechanisms for control by Member States of the Commission’s exercise of implementing powers shall be laid down in advance by a regulation adopted in accordance with the ordinary legislative procedure. Pending the adoption of that new regulation, Council Decision 1999/468/EC i of 28 June 1999 laying down the procedures for the

exercise of implementing powers conferred on the Commission 25 continues to apply, with the

exception of the regulatory procedure with scrutiny, which is not applicable.

24 OJ L 255, 30.9.2005, p. 22.

25 OJ L 184, 17.7.1999, p. 23.

 2010/31/EU recital 32 (adapted)  new  Council

• (57) 

   In order to further the aim of improving the energy performance of buildings, the power  The Commission should be empowered to adopt delegated acts in accordance with Article 290 TFEU  should be delegated to the Commission  in respect of the adaptation to technical progress of certain parts of the general framework set out in Annex I, and in respect of the establishment of a methodology framework for calculating cost-optimal levels of minimum energy performance requirements  , in respect of adapting  […]  the calculation methodology for life-cycle Global Warming Potential, in respect of the establishment of a common European framework for renovation passports and  provided that the report on smart readiness of building is positive,  in respect of a Union scheme for rating the smart readiness of buildings  . 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 of 13 April 2016 on Better Law-Making 26 . 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  .

   new (58) In order to ensure an effective implementation of the provisions laid down in this Directive,

the Commission supports Member States through various tools, such as the Technical Support Instrument 27 providing tailor-made technical expertise to design and implement reforms, including those aimed at increasing the annual energy renovation rate of residential and non-residential buildings by 2030 and to foster deep energy renovations. The technical support relates to, for example, strengthening of administrative capacity, supporting policy

development and implementation, and sharing of relevant best practices.

26 OJ L 123, 12.5.2016, p. 1.

27 Regulation (EU) 2021/240 of the European Parliament and of the Council of 10 February

2021 establishing a Technical Support Instrument (OJ L 57, 18.2.2021, p. 1).

 2010/31/EU recital 33 (adapted)  new

• (59) 

  Since the objective  objectives  of this Directive, namely of enhancing the energy performance of buildings  and reducing the greenhouse gas emissions from buildings  , cannot be sufficiently achieved by the Member States, due to the complexity of the buildings sector and the inability of the national housing markets to adequately address the challenges of energy efficiency, and  but  can  rather,  by the reason of the scale and the effects of the action, be better achieved at Union level, the Union may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty on European Union. In accordance with the principles of proportionality, as set out in that Article, this Directive does not go beyond what is necessary in order to achieve that objective  those objectives  .

   new (60) The legal basis of this initiative is Article 194(2) TFEU, which empowers the Union to

establish the measures necessary to achieve the objectives of the Union with regard to policy on energy. The proposal contributes to the Union’s energy policy objectives as outlined in Article 194(1) TFEU, in particular improving the energy performance of buildings and reducing their greenhouse gas emissions, which contributes to preserve and improve the

environment.

 2010/31/EU recital 36 (adapted)  new

• (61) 

  In accordance with point 4434 of the Interinstitutional Agreement on Bbetter Llaw

Mmaking 28 , Member States are encouraged to  should  draw up, for themselves and in

the interest of the Union, their own tables, illustrating, as far as possible, the correlation between this Directive and the transposition measures, and make them public.  In accordance with the Joint Political Declaration of 28 September 2011 of Member States and the Commission on explanatory documents, Member States have undertaken to accompany, in justified cases, the notification of their transposition measures with one or more documents explaining the relationship between the components of a directive and the corresponding parts of national transposition instruments. With regard to this Directive, the legislator considers the transmission of such documents to be justified, in particular following the judgment of the European Court of Justice in Case Commission vs Belgium

(case C-543/17). 

28 OJ C 321, 31.12.2003, p. 1.

 2010/31/EU recital 34 (adapted) (62) The obligation to transpose this Directive into national law should be confined to those

provisions which represent a substantive change  amendment  as compared with  to the earlier  Directive 2002/91/EC i. The obligation to transpose the provisions which are

unchanged arises under that  the earlier  Directive.

 2010/31/EU recital 35 (adapted) (63) This Directive should be without prejudice to the obligations of the Member States relating

to the time-limits for  the  transposition into national law and  the dates of 

application of the Directive 2002/91/EC i.  Directives set out in Annex VIII, Part B. 

 2010/31/EU (adapted)

 new

HAVE ADOPTED THIS DIRECTIVE:

Article 1

Subject matter

• 1. 

  This Directive promotes the improvement of the energy performance of buildings  and the reduction of greenhouse gas emissions from buildings  within the Union,  with a view to achieving a zero-emission building stock by 2050  taking into account outdoor climatic and local conditions, as well as indoor climate requirements and cost-effectiveness.

• 2. 

  This Directive lays down requirements as regards:

(a) the common general framework for a methodology for calculating the integrated energy performance of buildings and building units;

(b) the application of minimum requirements to the energy performance of new buildings and new building units;

(c) the application of minimum requirements to the energy performance of:

(i) existing buildings,  and  building units and building elements that are subject to major renovation;

(ii) building elements that form part of the building envelope and that have a significant impact on the energy performance of the building envelope when they are retrofitted or replaced; and

(iii) technical building systems whenever they are installed, replaced or upgraded;  new

(d) the application of minimum energy performance standards to existing buildings and existing building units;

(e) renovation passports;

(f) national building renovation plans;

(g) sustainable mobility infrastructure in and adjacent to buildings; and

(h) smart buildings;

 2010/31/EU (adapted)  new  Council

(d) national plans for increasing the number of nearly zero-energy buildings;

(ie) energy  performance  certification of buildings or building units;

(jf) regular inspection of heating  , ventilation  and air-conditioning systems in buildings; and

(kg) independent control systems for energy performance certificates  , renovation passports, smart readiness indicators  and inspection reports  […]   ; 

 (k a) the calculation and disclosure of the life-cycle Global Warming Potential of buildings  .

• 3. 

  The requirements laid down in this Directive are minimum requirements and shall not prevent any Member State from maintaining or introducing more stringent measures  , provided that such   […]  measures  […]   are  compatible with the  TFEU  Treaty on the Functioning of the European Union. They shall be notified to the Commission.

Article 2

Definitions

For the purpose of this Directive, the following definitions shall apply:

• 1. 

  ‘building’ means a roofed construction having walls, for which energy is used to condition the indoor climate;

   new  Council

• 2. 

  ‘zero-emission building’ means a building with a very high energy performance, as determined in accordance with Annex I,  requiring zero or a very low amount of energy, producing zero on-site carbon emissions from fossil fuels and producing zero or a very low amount of operational greenhouse gas emissions,   […]  in accordance with the requirements set out in  Article 9b   […]  ;

   2010/31/EU (adapted)  new

• 32. 

  ‘nearly zero-energy building’ means a building  with  that has a very high energy performance, as determined in accordance with Annex I  , which cannot be lower than the 2023 cost-optimal level reported by Member States in accordance with Article 6(2) and where  .tThe nearly zero or very low amount of energy required should be  is  covered to a very significant extent by energy from renewable sources, including energy from renewable sources produced on-site or nearby;

   new  Council

• 4. 

  ‘minimum energy performance standards’ means rules that require existing buildings to meet an energy performance requirement as part of a wide renovation plan for a building stock or at a trigger point on the market (sale  […]   ,  rent  , donation or change of purpose within the cadastre or land registry  ), in a period of time or by a specific date, thereby triggering renovation of existing buildings;

• 5. 

  ‘public bodies’ means ‘contracting authorities’ as defined in Article 2(1) of Directive 2014/24 i/EU of the European Parliament and of the Council 29 ;

   2018/844 Art. 1.1(a)  new  Council

• 63. 

  ‘technical building system’ means technical equipment for space heating, space cooling, ventilation, domestic hot water, built-in lighting, building automation and control, on-site  renewable energy  electricity generation  and  energy  storage  , or a combination thereof, including those systems using energy from renewable sources, of a building or building unit;

   2018/844 Art. 1.1(b) 73a. ‘building automation and control system’ means a system comprising all products,

software and engineering services that can support energy efficient, economical and safe operation of technical building systems through automatic controls and by facilitating the

manual management of those technical building systems;

29 OJ L 94, 28.3.2014, p. 65.

 2010/31/EU (adapted) 84. ‘energy performance of a building’ means the calculated or  metered  measured

amount of energy needed to meet the energy demand associated with a typical use of the building, which includes, inter alia, energy used for heating, cooling, ventilation, hot water

and lighting;

• 95. 

  ‘primary energy’ means energy from renewable and non-renewable sources which has not undergone any conversion or transformation process;

   new 10. ‘non-renewable primary energy factor’ means non-renewable primary energy for a given

  energy carrier, including the delivered energy and the calculated energy overheads of

  delivery to the points of use, divided by the delivered energy;

• 11. 

  ‘renewable primary energy factor’ means renewable primary energy from an on-site, nearby or distant energy source that is delivered via a given energy carrier, including the delivered energy and the calculated energy overheads of delivery to the points of use, divided by the delivered energy;

• 12. 

  ‘total primary energy factor’ means the weighted sum of renewable and non-renewable primary energy factors for a given energy carrier;

   2010/31/EU (adapted)  new

• 136. 

  ‘energy from renewable sources’ means energy from renewable non-fossil sources, namely wind, solar  (solar thermal and solar photovoltaic)  , aerothermal,  and  geothermal  energy  , hydrothermal  ambient energy, tide, wave  and  other  ocean energy, hydropower, biomass, landfill gas, sewage treatment plant gas, and biogases;

• 147. 

  ‘building envelope’ means the integrated elements of a building which separate its interior from the outdoor environment;

• 158. 

  ‘building unit’ means a section, floor or apartment within a building which is designed or altered to be used separately;

• 169. 

  ‘building element’ means a technical building system or an element of the building envelope;

   new  Council

• 17. 

  ‘  residential building unit   […]  ’ means a room or suite of rooms in a permanent building or a structurally separated part of a building which is designed for habitation by one private household all year round;

• 18. 

  ‘renovation passport’ means a document that provides a tailored roadmap for the renovation of a specific building in several steps that will significantly improve its energy performance;

• 19. 

  ‘deep renovation’ means a renovation which transforms a building or building unit

  (a) before 1 January 2030, into a nearly zero-energy building;

  (b) as of 1 January 2030, into a zero-emission building;

• 20. 

  ‘staged deep renovation’ means a deep renovation carried out in several steps, following the steps set out in a renovation passport in accordance with Article 10;

   2010/31/EU (adapted) 2110. ‘major renovation’ means the renovation of a building where:

  (a) the total cost of the renovation relating to the building envelope or the technical building systems is higher than 25 % of the value of the building, excluding the value of the land upon which the building is situated; or

(b) more than 25 % of the surface of the building envelope undergoes renovation;

Member States may choose to apply option (a) or (b).

 new  Council

• 22. 

  “operational greenhouse gas emissions” means greenhouse gas emissions associated with energy consumption of the technical building systems during use and operation of the building;

• 23. 

  ‘whole life-cycle greenhouse gas emissions’ means  […]  emissions  that occur over the life cycle of the buildings, including production of construction products, their transport, construction site activities, use of energy in the building and replacement of construction products, as well as demolition, transport and management of waste materials and their final disposal   […]  ;

• 24. 

  ‘Life-cycle Global Warming Potential (GWP)’ means an indicator which quantifies the global warming potential contributions of a building along its full life-cycle;

• 25. 

  ’split incentives’ means split incentives as defined in Article 2(52) of [recast EED];

• 26. 

  ‘energy poverty’ means energy poverty as defined in Article 2(49) of [recast EED];

• 27. 

  ‘vulnerable households’ means households in energy poverty or households, including lower middle-income ones, that are particularly exposed to high energy costs and lack the means to renovate the building they occupy;

   2010/31/EU (adapted) 2811. ‘European standard’ means a standard adopted by the European Committee for

  Standardisation, the European Committee for Electrotechnical Standardisation or the European Telecommunications Standards Institute and made available for public use;

2912. ‘energy performance certificate’ means a certificate recognised by a Member State or by a legal person designated by it, which indicates the energy performance of a building or building unit, calculated according to a methodology adopted in accordance with Article 43;

3013. ‘cogeneration’ means simultaneous generation in one process of thermal energy and electrical and/or mechanical energy;

3114. ‘cost-optimal level’ means the energy performance level which leads to the lowest cost during the estimated economic lifecycle, where:

(a) the lowest cost is determined taking into account:

 new i) the category and use of building concerned:

 2010/31/EU  new

• ii) 

  energy-related investment costs  based on official forecasts  ;,

  • iii) 

    maintenance and operating costs, (including energy costs and savings,  taking into account the cost of greenhouse gas allowances; 

     new iv) environmental and health externalities of energy use;

     2010/31/EU (adapted)  new

  • v) 

    the category of building concerned, earnings from energy produced)  on-site  , where applicable;,

• vi) 

  and disposal  waste management  costs, where applicable; and

  (b) the estimated economic lifecycle is determined by each Member State. It  and  refers to the remaining estimated economic lifecycle of a building where energy performance requirements are set for the building as a whole, or to the estimated economic lifecycle of a building element where energy performance requirements are set for building elements.

The cost-optimal level shall lie within the range of performance levels where the cost benefit analysis calculated over the estimated economic lifecycle is positive;

 new  Council

• 32. 

  ‘recharging point’ means a recharging point as defined in Article 2(41) of [AFIR];

• 33. 

  ‘micro isolated system’ means any system with consumption less than 500 GWh in the year 2022, where there is no connection with other systems;

• 34. 

  ‘smart charging’ means smart charging as defined in Article 2(14l) of Directive (EU) 2018/2001 [amended RED];

• 35. 

  ‘bidirectional charging’ means bidirectional charging as defined in Article 2(14n) of Directive (EU) 2018/2001 [amended RED];

• 36. 

  'mortgage portfolio standards’ means mechanisms incentivising mortgage lenders to increase the median energy performance of the portfolio of buildings covered by their mortgages and to encourage potential clients to make their property more energyperformant along the Union’s decarbonisation ambition and relevant energy targets in the area of energy consumption in buildings, relying on the definition of sustainable economic activities in the EU Taxonomy;

• 37. 

  ‘digital building logbook’ means a common repository for all relevant building data, including data related to energy performance such as energy performance certificates, renovation passports and smart readiness indicators, which facilitates informed decision making and information sharing within the construction sector, among building owners and occupants, financial institutions and public  […]   bodies  ;

   2010/31/EU 3815. ‘air-conditioning system’ means a combination of the components required to provide a

form of indoor air treatment, by which temperature is controlled or can be lowered;

 2018/844 Art. 1.1(c)  new  Council

3915a. ‘heating system’ means a combination of the components required to provide a form of indoor air treatment, by which the temperature is increased;

 (39 a) ‘ventilation system’ means the technical building system which provides outdoor air by natural or mechanical means to a space. 

 (39 b) ‘cooling generator’ means the part of an air-conditioning system that generates useful cooling for uses identified in Annex I. 

4015b. ‘heat generator’ means the part of a heating system that generates useful heat  for uses identified in Annex I,  using one or more of the following processes:

(a) the combustion of fuels in, for example, a boiler;

(b) the Joule effect, taking place in the heating elements of an electric resistance heating system;

(c) capturing heat from ambient air, ventilation exhaust air, or a water or ground heat source using a heat pump;

4115c. ‘energy performance contracting’ means energy performance contracting as defined in point (27) of Article 2, point (29), of Directive (EU) …/… [recast Energy Efficiency

Directive]Directive 2012/27 i/EU of the European Parliament and of the Council 30 ;

30 Directive 2012/27 i/EU of the European Parliament and of the Council of 25 October 2012 on energy efficiency, amending Directives 2009/125/EC i and 2010/30/EU and repealing

Directives 2004/8/EC i and 2006/32/EC (OJ L 315, 14.11.2012, p. 1).

 2010/31/EU 4216. ‘boiler’ means the combined boiler body-burner unit, designed to transmit to fluids the heat

released from burning;

4317. ‘effective rated output’ means the maximum calorific output, expressed in kW, specified and guaranteed by the manufacturer as being deliverable during continuous operation while complying with the useful efficiency indicated by the manufacturer;

• 18. 

  ‘heat pump’ means a machine, a device or installation that transfers heat from natural surroundings such as air, water or ground to buildings or industrial applications by reversing the natural flow of heat such that it flows from a lower to a higher temperature. For reversible heat pumps, it may also move heat from the building to the natural surroundings;

4419. ‘district heating’ or ‘district cooling’ means the distribution of thermal energy in the form of steam, hot water or chilled liquids, from a central source of production through a network to multiple buildings or sites, for the use of space or process heating or cooling;

 new  Council

• 45. 

  ‘useful floor area’ means  […]  the floor  area used as a reference size for the assessment of the energy performance of a building, calculated as the sum of individual zones within the building envelope, which are needed to quantify the specific conditions of use, such as indoor climate, and the application of the zoning and allocation rules   […]  ;

• 46. 

  ‘reference floor area’ means the floor area used as reference size for the assessment of the energy performance of a building, calculated as the sum of the useful floor areas of the spaces within the building envelope specified for the energy performance assessment;

• 47. 

  ‘assessment boundary’ means the boundary where the delivered and exported energy are measured or calculated;

• 48. 

  ‘on-site’ means the premises and the land on which the building is located and the building itself;

• 49. 

  ‘energy from renewable sources produced nearby’ means energy from renewable sources produced within a local or district level perimeter of the building assessed, which fulfils all the following conditions:

  (a) it can only be distributed and used within that local and district level perimeter through a dedicated distribution network;

  (b) it allows for the calculation of a specific primary energy factor valid only for the energy from renewable sources produced within that local or district level perimeter; and

  (c) it can be used on-site of the building assessed through a dedicated connection to the energy production source, that dedicated connection requiring specific equipment for the safe supply and metering of energy for self-use of the building assessed;

• 50. 

  ‘energy performance of buildings (EPB) services’ means the services, such as heating, cooling, ventilation, domestic hot water and lighting and others for which the energy use is taken into account in the  calculation of the  energy performance of buildings;

• 51. 

  ‘energy needs’ means the energy to be delivered to, or extracted from, a conditioned space to maintain the intended space conditions during a given period of time disregarding any technical building system inefficiencies;

• 52. 

  ‘energy use’ means energy input to a technical building system providing a EPB-service intended to satisfy an energy need;

• 53. 

  ‘self-used’ means part of on-site or nearby produced renewable energy used by on-site technical systems for EPB services;

• 54. 

  ‘other on-site uses’ means energy used on-site for uses other than EPB services, and may include appliances, miscellaneous and ancillary loads or electro-mobility charging points;

• 55. 

  ‘calculation interval’ means the discrete time interval used for the calculation of the energy performance;

• 56. 

  ‘delivered energy’ means energy, expressed per energy carrier, supplied to the technical building systems through the assessment boundary, to satisfy the uses taken into account or to produce the exported energy;

• 57. 

  ‘exported energy’ means, expressed per energy carrier and per primary energy factor, the proportion of the renewable energy that is exported to the energy grid instead of being used on site for self-use or for other on-site uses.

   2018/844 Art. 1.1(d) 20. ‘micro isolated system’ means micro isolated system as defined in point 27 of Article 2 of

  Directive 2009/72/EC i of the European Parliament and of the Council 31 .

   2018/844 Art. 1.2 (adapted)

Article 32a

 National building renovation plan  Long-term renovation strategy

31 Directive 2009/72/EC i of the European Parliament and of the Council of 13 July 2009 concerning common rules for the internal market in electricity and repealing Directive 2003/54/EC i (OJ L 211, 14.8.2009, p. 55).

 2018/1999 Art. 53.1(a)  new

• 1. 

  Each Member State shall establish a long-term renovation strategy  national building renovation plan  to support  ensure  the renovation of the national stock of residential and non-residential buildings, both public and private, into a highly energy efficient and decarbonised building stock by 2050, facilitating the cost-effective transformation of  with the objective to transform  existing buildings into nearly zero-energy  zero-emission  buildings.

Each long-term renovation strategy  building renovation plan  shall encompass:

 2018/844 Art. 1.2  new

(a) an overview of the national building stock  for different building types, construction periods and climatic zones  , based, as appropriate, on statistical sampling and expected share of renovated buildings in 2020  the national database for energy performance certificates pursuant to Article 19, an overview of market barriers and market failures and an overview of the capacities in the construction, energy efficiency and renewable energy sectors  ;

(b) the identification of cost-effective approaches to renovation relevant to the building type and climatic zone, considering potential relevant trigger points, where applicable, in the

life-cycle of the building;

(c) policies and actions to stimulate cost-effective deep renovation of buildings, including staged deep renovation, and to support targeted cost-effective measures and renovation for

example by introducing an optional scheme for building renovation passports; (d) an overview of policies and actions to target the worst performing segments of the national building stock, split-incentive dilemmas and market failures, and an outline of relevant national actions that contribute to the alleviation of energy poverty;

(e) policies and actions to target all public buildings;

(f) an overview of national initiatives to promote smart technologies and well-connected buildings and communities, as well as skills and education in the construction and energy

efficiency sectors; and

(g) an evidence-based estimate of expected energy savings and wider benefits, such as those related to health, safety and air quality.

 new  Council

(b) a roadmap with nationally established targets and measurable progress indicators, with a view to the 2050 climate neutrality goal, in order to ensure a highly energy efficient and decarbonised national building stock and the transformation of existing buildings into zeroemission buildings by 2050;

(c) an overview of implemented and planned policies and measures, supporting the implementation of the roadmap pursuant to point (b)  when they are not already included in the elements of the national energy and climate plans notified to the Commission pursuant to Article 4, paragraph (b) of Regulation 2018/1999 i  ;  […] 

(d) an outline of the investment needs for the implementation of the building renovation plan, the financing sources and measures, and the administrative resources for building renovation  when they are not already included in the elements of the national energy and climate plans notified to the Commission pursuant to Article 3, paragraph 2, subparagraph (c) of Regulation 2018/1999 i;   […] 

 (e) the operational greenhouse gas emissions and annual primary energy use of a new or renovated zero-emission building thresholds in accordance with Article 9b (1); 

 (f) minimum energy performance standards for non-residential buildings, based on maximum energy performance thresholds, in accordance with in Article 9(1); and 

 (g) minimum energy performance standards for residential buildings and the corresponding national trajectory, including the 2033 and 2040 milestones for average primary energy use in kWh/(m2.y), in accordance with Article 9(2). 

 For the first building renovation plan, Member States may refer to their integrated national energy and climate plan notified to the Commission on 30 June 2024 to comply with point (c) and (d) when they consider that it is relevant. 

The roadmap referred to in point (b) shall include national targets for 2030, 2040 and 2050 as regards the annual energy renovation rate, the primary and final energy consumption of the national building stock and its operational greenhouse gas emission reductions; specific timelines for buildings to achieve higher energy performance classes than those pursuant to Article 9(1), by 2040 and 2050, in line with the pathway for transforming the national building stock into zero-emission buildings  […]   and  an evidence-based estimate of expected energy savings and wider benefits  […]  .

• 2. 

  Every five years, each Member State shall prepare and submit to the Commission a draft of its building renovation plan, using the template in Annex II. Each Member State shall submit its draft building renovation plan as part of its draft integrated national energy and climate plan referred to in Article 9 of Regulation (EU) 2018/1999 i and, where the Member States submits a draft update, its draft update referred to in Article 14 of that Regulation. By way of derogation from Article 9(1) and Article 14(1) of that Regulation, Member States shall submit the first draft building renovation plan to the Commission by 30 June  […]   2025  .

   2018/844 Art. 1.2  new  Council

• 2. 

  In its long-term renovation strategy, each Member State shall set out a roadmap with measures and domestically established measurable progress indicators, with a view to the long-term 2050 goal of reducing greenhouse gas emissions in the Union by 80-95 % compared to 1990, in order to ensure a highly energy efficient and decarbonised national building stock and in order to facilitate the cost-effective transformation of existing buildings into nearly zero-energy buildings. The roadmap shall include indicative milestones for 2030, 2040 and 2050, and specify how they contribute to achieving the Union’s energy efficiency targets in accordance with Directive 2012/27 i/EU.

• 3. 

  To support the mobilisation of investments into the renovation needed to achieve the goals referred to in paragraph 1, Member States shall facilitate access to appropriate mechanisms for:

(a) the aggregation of projects, including by investment platforms or groups, and by consortia of small and medium-sized enterprises, to enable investor access as well as

packaged solutions for potential clients;

(b) the reduction of the perceived risk of energy efficiency operations for investors and the private sector;

(c) the use of public funding to leverage additional private-sector investment or address

specific market failures;

(d) guiding investments into an energy efficient public building stock, in line with Eurostat guidance; and

(e) accessible and transparent advisory tools, such as one-stop-shops for consumers and energy advisory services, on relevant energy efficiency renovations and financing

instruments.

• 4. 

  The Commission shall collect and disseminate, at least to public authorities, best practices on successful public and private financing schemes for energy efficiency renovation as well as information on schemes for the aggregation of small-scale energy efficiency renovation projects. The Commission shall identify and disseminate best practices on financial incentives to renovate from a consumer perspective taking into account cost-efficiency differences between Member States.

• 35. 

  To support the development of its long-term renovation strategy  building renovation plan  , each Member State shall carry out a public consultation on its  draft building renovation plan  long-term renovation strategy prior to submitting it to the Commission.  The public consultation shall involve in particular local and regional authorities and other socio-economic partners, including civil society and bodies working with vulnerable households.  Each Member State shall annex a summary of the results of its public consultation to its long-term renovation strategy  draft building renovation plan  .  The public consultation may be integrated as part of the public consultation undertaken pursuant to Article 10 of Regulation 2018/1999 i. 

Each Member State shall establish the modalities for consultation in an inclusive way during the implementation of its long-term renovation strategy.

 new  Council

• 4. 

  The Commission shall assess the national draft building renovation plans, in particular whether:

  (a) the level of ambition of the nationally established targets is sufficient and in line with the national commitments on climate and energy laid down in the national integrated energy and climate plans;

  (b) the policies and measures are sufficient to achieve the nationally established targets;

  (c) the allocation of budgetary and administrative resources is sufficient for the implementation of the plan;

  (d) the public consultation pursuant to paragraph 3 has been sufficiently inclusive; and

  (e) the plans comply with the requirements of paragraph 1 and the template in Annex II.

After consulting the  experts of the  Committee established by Article 30, the Commission may issue country-specific recommendations to Member States in accordance with Article 9(2) and Article 34 of Regulation (EU) 2018/1999 i.

With regard to the first draft building renovation plan, the Commission may issue country-specific recommendations to Member States no later than six months after the Member State has submitted that plan.

• 5. 

   With regard to the first draft building renovation plan, each   […]  Member State shall take due account of any recommendations from the Commission in its final building renovation plan. If the Member State concerned does not address a recommendation or a substantial part thereof, it shall provide a justification to the Commission and make public its reasons.

• 6. 

  Every five years, each Member State shall submit its building renovation plan to the

Commission, using the template in Annex II. Each Member State shall submit its building renovation plan as part of its integrated national energy and climate plan referred to in Article 3 of Regulation (EU) 2018/1999 i and, where the Member States submits an update, its update referred to in Article 14 of that Regulation. By way of derogation from Article 3(1) and Article 14(2) of that Regulation, Member States shall submit the first building renovation plan to the Commission by 30 June  […]   2026  .

 2018/844 Art. 1.2  new

• 76. 

  Each Member State shall annex the details of the implementation of its most recent long-term renovation strategy  or building renovation plan  to its  next final building renovation plan  long-term renovation strategy, including on the planned policies and actions.  Each Member State shall state whether its national targets have been achieved. 

   new 8. Each Member State shall include in its integrated national energy and climate progress reports, in accordance with Articles 17 and 21 of Regulation (EU) 2018/1999 i, information on the implementation of the national targets referred to in paragraph 1, point (b) of this Article and the contribution of the building renovation plan to achieving the Member State's binding national target for greenhouse gas emissions pursuant to Regulation (EU) .../… [revised Effort Sharing Regulation], the Union’s energy efficiency targets in accordance with Directive (EU)…/… [recast EED], the Union’s renewable energy targets, including the indicative target for the share of energy from renewable sources in the building sector in accordance with Directive (EU) 2018/2001 [amended RED], and the Union’s 2030 climate target and 2050 climate neutrality goal in accordance with Regulation (EU) 2021/1119.

   2018/844 Art. 1.2 7. Each Member State may use its long-term renovation strategy to address fire safety and risks related to intense seismic activity affecting energy efficiency renovations and the lifetime of buildings.

   2018/1999 Art. 53.1(b) 8. Each Member State's long-term renovation strategy shall be submitted to the Commission as part of its final integrated national energy and climate plan referred to in Article 3 of Regulation (EU) 2018/1999 i of the European Parliament and of the Council 32 . As a derogation from Article 3(1) of that Regulation, the first long-term renovation strategy under paragraph 1 of this Article shall be submitted to the Commission by 10 March 2020.

32 Regulation (EU) 2018/1999 i of the European Parliament and of the Council of 11 December 2018 on the Governance of the Energy Union and Climate Action, amending Regulations

(EC) No 663/2009 and (EC) No 715/2009 of the European Parliament and of the Council, Directives 94/22/EC i, 98/70/EC, 2009/31/EC i, 2009/73/EC, 2010/31 i/EU, 2012/27 i/EU and 2013/30/EU of the European Parliament and of the Council, Council Directives 2009/119/EC i and (EU) 2015/652 and repealing Regulation (EU) No 525/2013 i of the European Parliament and of the Council (OJ L 328, 21.12.2018, p. 1).

 2010/31/EU (adapted)  new

Article 43

Adoption of a methodology for calculating the energy performance of buildings

Member States shall apply a methodology for calculating the energy performance of buildings in accordance with the common general framework set out in Annex I.

This  That  methodology shall be adopted at national or regional level.

Article 54

Setting of minimum energy performance requirements

• 1. 

  Member States shall take the necessary measures to ensure that minimum energy performance requirements for buildings or building units are set with a view to  at least  achieving costoptimal levels. The energy performance shall be calculated in accordance with the methodology referred to in Article 43. Cost-optimal levels shall be calculated in accordance with the comparative methodology framework referred to in Article 65 once the framework is in place.

Member States shall take the necessary measures to ensure that minimum energy performance requirements are set for building elements that form part of the building envelope and that have a significant impact on the energy performance of the building envelope when they are replaced or retrofitted, with a view to achieving  at least  cost-optimal levels.

When setting requirements, Member States may differentiate between new and existing buildings and between different categories of buildings.

These  Those  requirements shall take account of general indoor climate conditions, in order to avoid possible negative effects such as inadequate ventilation, as well as local conditions and the designated function and the age of the building.

A Member State shall not be required to set minimum energy performance requirements which are not cost-effective over the estimated economic lifecycle.

 Member States shall review their  mMinimum energy performance requirements shall be reviewed at regular intervals which shall not be longer than five years and  shall  , if necessary, shall be updated  update them  in order to reflect technical progress in the building sector  , the results of the cost-optimal calculation set out in Article 6, and updated national energy and climate targets and policies  .

 new  Council

• 2. 

  Member States may decide to adapt the requirements referred to in paragraph 1 to buildings officially protected  at national regional or local level,  as part of a designated environment or because of their special architectural or historical merit, in so far as compliance with  […]   the  requirements would unacceptably alter their character or appearance.

   2010/31/EU (adapted)  new  Council

• 32. 

  Member States may decide not to set or apply the requirements referred to in paragraph 1 to the following categories of buildings:

  (a) buildings officially protected as part of a designated environment or because of their special architectural or historical merit, in so far as compliance with certain minimum energy performance requirements would unacceptably alter their character or appearance;

  (a) buildings owned by the armed forces or central government and serving national defence purposes, apart from single living quarters or office buildings for the armed forces and other staff employed by national defence authorities; 

   […]   (b)  buildings used as places of worship and for religious activities;

   […]   (c)  temporary buildings with a time of use of two years or less, industrial sites, workshops and non-residential agricultural buildings with low energy demand and non-residential agricultural buildings which are in use by a sector covered by a national sectoral agreement on energy performance;

   […]   (d)  residential buildings which are used or intended to be used for either less than four months of the year or, alternatively, for a limited annual time of use and with an expected energy consumption of less than 25 % of what would be the result of all-year use;

   […]   (e)  stand-alone buildings with a total useful floor area of less than Article 65

Calculation of cost-optimal levels of minimum energy performance requirements

• 1. 

  The Commission shall  is empowered to  establish by means of  adopt  delegated acts in accordance with Articles 2923, 24 and 25 by 30 June 2011  to supplement this Directive   concerning  a comparative methodology framework for calculating cost-optimal levels of minimum energy performance requirements for buildings and building elements.  By 30 June  2025   […]  , the Commission shall revise the comparative methodology framework for calculating cost-optimal levels of minimum energy performance requirements in  new buildings and  existing buildings undergoing major renovation and for individual building elements. 

The comparative methodology framework shall be established  laid down  in accordance with Annex VIIIII and shall differentiate between new and existing buildings and between different categories of buildings.

• 2. 

  Member States shall calculate cost-optimal levels of minimum energy performance requirements using the comparative methodology framework established in accordance with paragraph 1 and relevant parameters, such as climatic conditions and the practical accessibility of energy infrastructure, and compare the results of this  that  calculation with the minimum energy performance requirements in force.

Member States shall report to the Commission all input data and assumptions used for those calculations and the results of those calculations. Member States shall  update and  submit those reports to the Commission at regular intervals, which shall not be longer than five years. The first report shall be submitted by 30 June 2012.  The first report based on the revised methodology framework pursuant to paragraph 1 shall be submitted by 30 June 2028.

• 3. 

  If the result of the comparison performed in accordance with paragraph 2 shows that the minimum energy performance requirements in force are  more than 15%  significantly less energy efficient than cost-optimal levels of minimum energy performance requirements, the Member State concerned shall  include in the report  justify this difference in writing to the Commission in the report referred to in paragraph 2, accompanied, to the extent that the gap cannot be justified, by a plan outlining appropriate steps to significantly reduce the gap by the next review of the energy performance requirements as referred to in Article 54(1).

• 4. 

  The Commission shall publish a report on the progress of the Member States in reaching costoptimal levels of minimum energy performance requirements.

   2018/844 Art. 1.3

Article 76

New buildings

 new  Council

• 1. 

  Member States shall ensure that from the following dates, new buildings are zero-emission buildings in accordance with  Article 9b   […]  :

  (a) as of 1 January  […]  2028  , new buildings occupied or owned by public  […]   bodies  ; and

  (b) as of 1 January 2030, all new buildings;  2018/844 Art. 1.3 (adapted)  new  Council

• 1. 

   Until the application of the requirements under the first subparagraph,  Member States shall take the necessary measures to ensure that  all  new buildings  are at least nearly zeroenergy buildings and  meet the minimum energy performance requirements laid down in accordance with Article 55.  Where public bodies aim to occupy a new building that they do not own, they shall aim for that building to be a zero-emission building. 

   new  Council

• 2. 

  Member States shall ensure that the life-cycle Global Warming Potential (GWP) is calculated in accordance with Annex III and disclosed through the energy performance certificate of the building:

  (a) as of 1 January 2027, for all new buildings with a useful floor area  over   […]  2000 square meters; and

  (b) as of 1 January 2030, for all new buildings.

 (2a) Member States may decide not to apply paragraphs 1 and 2 to categories of buildings for which building permit applications or equivalent applications including for change of use have already been submitted by the dates pursuant to paragraphs 1 and 2. 

• 3. 

  The Commission is empowered to adopt delegated acts in accordance with Article 29 to

 […]   amend  this Directive in order to adapt Annex III to technological progress and innovation, to set adapted maximum energy performance thresholds in Annex III to renovated buildings and to adapt the maximum energy performance thresholds for zero-emission buildings.

• 4. 

  Member States shall address, in relation to new buildings, the issues of healthy indoor climate conditions, adaptation to climate change, fire safety, risks related to intense seismic activity and accessibility for persons with disabilities. Member States shall also address carbon removals associated to carbon storage in or on buildings.

   2018/844 Art. 1.3 2. Member States shall ensure that, before construction of new buildings starts, the technical, environmental and economic feasibility of high-efficiency alternative systems, if available, is taken into account.

   2010/31/EU (adapted)

Article 87

Existing buildings

• 1. 

  Member States shall take the necessary measures to ensure that when buildings undergo major renovation, the energy performance of the building or the renovated part thereof is upgraded in order to meet minimum energy performance requirements set in accordance with Article 54 in so far as this  that  is technically, functionally and economically feasible.

Those requirements shall be applied to the renovated building or building unit as a whole.

Additionally or alternatively, requirements may be applied to the renovated building elements.

• 2. 

  Member States shall in addition take the necessary measures to ensure that when a building element that forms part of the building envelope and has a significant impact on the energy performance of the building envelope, is retrofitted or replaced, the energy performance of the building element meets minimum energy performance requirements in so far as this  that  is technically, functionally and economically feasible.

Member States shall determine these minimum energy performance requirements in accordance with Article 4.

 2018/844 Art. 1.4 (adapted)  new  Council

• 3. 

  Member States shall encourage, in relation to buildings undergoing major renovation, highefficiency alternative systems, in so far as this  that  is technically, functionally and economically feasible.  Member States , and shall address  , in relation to buildings undergoing major renovation,  the issues of healthy indoor climate conditions,  and   adaptation to climate change,  fire safety, and risks related to intense seismic activity  , the removal of hazardous substances including asbestos and accessibility for persons with disabilities  .

   new  Council

Article 9

Minimum energy performance standards

• 1. 

  Member States shall  […]   establish minimum energy performance standards which ensure that non-residential buildings do not exceed the a specified maximum energy performance threshold, as refererred to in subparagraph 3, expressed by a numeric indicator of primary energy use in kWh/(m2.y), by the dates specified in subparagraph 6.

 The maximum energy performance thresholds shall be established on the basis of the nonresidential building stock on 1 January 2020, based on available information and, where appropriate, on statistical sampling.

A “[15%] threshold” shall be set so that [15%] of the national building stock is above that threshold, and a “[25%] threshold” shall be set so that [25%] of the national building stock is above that threshold. The maximum energy performance thresholds may be differentiated between different building types and categories.

Compliance by individual buildings with the thresholds shall be checked on the basis of energy performance certificates or, where appropriate, other available means. Member States may set the thresholds at a level corresponding to a specific energy performance class provided that they comply with the level of the thresholds in subparagraph 3.

Member States may set criteria to exempt individual buildings, in light of the expected future use of the building or in the case of an unfavourable cost-benefit assessment, from requirements in this paragraph. 

 […] 

 Council The minimum energy performance standards shall at least ensure that:

(a) all non-residential buildings are below:

(i) the 15% threshold as of 1 January 2030; and

(ii) the 25% threshold as of 1 January 2034.

 new  Council

In their roadmap referred to in Article 3(1)(b), Member States shall establish specific timelines for the buildings referred to in this paragraph to  comply with lower maximum   […]  energy performance  thresholds   […]  by 2040 and 2050, in line with the pathway for transforming the national building stock into zero-emission buildings.

• 2. 

   […] 

 […]  Member States  shall  establish  […]  minimum energy performance standards  for residential buildings which shall be based on a national trajectory for the progressive renovation of the building stock in line with   […]  the national roadmap and the 2030, 2040 and 2050 targets contained in the Member State’s building renovation plan and  […]   with  the transformation of the national building stock into zero-emission buildings by 2050.

 Council The trajectory shall be expressed as a decrease of the average primary energy use in kWh/(m2.y) of the whole residential building stock over the period from 2025 to 2050, and shall identify the number of buildings and building units or floor area to be renovated annually. When establishing the national trajectories, Member States shall ensure that the average primary energy use in kWh/(m2.y) of the whole residential building stock is at least equivalent to:

(a) the D energy performance class level by 2033;

  (b) by 2040, a nationally determined value derived from a gradual decrease of the average primary energy use from 2033 to 2050 in line with the transformation of the residential

building stock into a zero-emission building stock.

The energy performance corresponding to the class levels referred to in subparagraph 2 point a shall correspond at least to the national class levels at the time of entry into force of this Directive.

As part of the assessment of national building renovation plans, the Commission shall monitor the achievement of the values referred to in 2033 and 2040, as referred to subparagraph 2, and make recommendations where necessary.

The trajectory shall refer to data on the national residential building stock, based, as appropriate, on statistical sampling and energy performance certificates. The trajectory and the corresponding level of average primary energy use may be differentiated between building types and categories, for example between single- family houses and multi-apartment buildings.

Member States shall remove regulatory barriers preventing the renovation of common elements and the replacement of technical building systems in multi-apartment buildings aimed at compliance with minimum energy performance standards, including approval procedures, addressing in particular unanimity requirements in co-ownership structures, without prejudice to the property and tenancy law of the Member States.

 new  Council

 2a. Member States may choose not to apply paragraph 2 to single family houses. In this case

Member States shall ensure that at least those single family houses that are sold, rented, donated or whose purpose is changed within the cadastre or land registry towards residential buildings after 1 January [2028], achieve at least energy performance class [D] or higher within [five] years of the above mentioned triggers where necessary through renovation by the acquirers or owners.   3. In addition to primary energy use referred to in paragraphs 1 and 2, Member States may define additional indicators of non-renewable and renewable primary energy use, and of operational greenhouse gas emissions produced in kgCO2eq/(m2.y). In order to ensure reduction of operational greenhouse gas emissions, the minimum energy performance standards shall take into account the [Article 15a (1) Renewable Energy Directive COM (2021) 557 final i] 33 . 

 […]   4.  In accordance with Article 15, Member States shall support compliance with minimum energy performance standards by all the following measures:

(a) providing appropriate financial measures, in particular those targeting vulnerable households, people affected by energy poverty or living in social housing, in line with Article 22 of Directive (EU) .../…. [recast EED];

(b) providing technical assistance, including through one-stop-shops;

(c) designing integrated financing schemes;

(d) removing non-economic barriers, including split incentives; and

(e) monitoring social impacts, in particular on the most vulnerable.

 […]   5.  Where a building is renovated in order to comply with a minimum energy performance standard, Member States shall ensure compliance with the minimum energy performance requirements for building elements pursuant to Article 5 and, in case of major renovation, with the minimum energy performance requirements for existing buildings pursuant to Article 8.

33 Proposal for a Directive of the European Parliament and of the Council amending Directive (EU) 2018/2001 of the European Parliament and of the Council, Regulation (EU) 2018/1999 i of the European Parliament and of the Council and Directive 98/70/EC i of the European

Parliament and of the Council as regards the promotion of energy from renewable sources, and repealing Council Directive (EU) 2015/652.

 […]   6.  Member States may decide not to apply the minimum energy performance standards referred to in paragraphs 1 and 2 to the following categories of buildings:

(a) buildings officially protected as part of a designated environment or because of their special architectural or historical merit, in so far as compliance with the standards would unacceptably alter their character or appearance;

(b) buildings used as places of worship and for religious activities;

(c) temporary buildings with a time of use of two years or less, industrial sites, workshops and non-residential agricultural buildings with low energy demand and non-residential agricultural buildings which are used by a sector covered by a national sectoral agreement on energy performance;

(d) residential buildings which are used or intended to be used for either less than four months of the year or, alternatively, for a limited annual time of use and with an expected energy consumption of less than 25 % of what would be the result of allyear use;

(e) stand-alone buildings with a total useful floor area of less than 50 m2.

 […]   7.  Member States shall take the measures necessary to ensure the implementation of minimum energy performance standards referred to in paragraphs 1 and 2, including appropriate monitoring mechanisms and penalties in accordance with Article 31.

 Council  Council

Article 9a 34

Solar energy in buildings

Member States shall ensure that all new buildings are designed to optimise their solar energy generation potential on the basis of the solar irradiance of the site, enabling the later cost-effective installation of solar technologies.

Member States shall ensure the deployment of suitable solar energy installations:

(a) by 31 December 2026, on all new public and  […]   non-residential  buildings with useful floor area  over   […]  250  m2   […]  ;

(b) by 31 December 2027, on all existing public and  […]   non-residential  buildings

 undergoing a major or a deep renovation   […]  with useful floor area  over   […]   […]   400   m2   […]  ; and

(c) by 31 December 2029, on all new residential buildings.

34 Article 9a is inserted in the wording, with amendments, of the Article 9a from the Proposal for a DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL amending

Directive (EU) 2018/2001 on the promotion of the use of energy from renewable sources, Directive 2010/31 i/EU on the energy performance of buildings and Directive 2012/27 i/EU on energy efficiency, [2022/0160 (COD) i].

Member States shall define, and make publicly available, criteria at national level for the practical implementation of these obligations, and for possible exemptions for specific types of buildings,  including those mentioned in Article 9, paragraph 6, taking into account also the principle of technological neutrality, and  in accordance with the assessed technical and economic potential of the solar energy installations and the characteristics of the buildings covered by this  […]   provision  .  When defining such criteria Member States shall also take into account other relevant factors, such as structural integrity, biodiversity, stability of the electricity network. 

 Council

Article 9b 35

Zero emission buildings

• 1. 

  Member States shall take the necessary measures to ensure that the energy use of a new or renovated zero-emission building complies with a maximum threshold established at the Member State level in their building renovation plans. This maximum threshold shall be set with a view to achieving at least cost optimal levels.

Member States shall take the necessary measures to ensure that the operational greenhouse gas emissions of a new or renovated zero-emission building comply with a maximum threshold established at the Member State level in their building renovation plans.

35 Article 9b (Zero-emission building) reintroduces and amends the former Article 9 (Nearly zero-energy buildings), that the Commission had marked as deleted in its proposal of the recast of this Directive. Parts of this Article, were previously contained in Annex III. Article 9b is re-inserted in this part of the text, while previously, in the Commission’s proposal in was to be found, marked as deleted Article 9, after Article 14.

In order to ensure technical and economic feasibility, Member States may decide to adjust both thresholds as referred to in this subparagraph for renovated buildings.

1a Member States shall ensure that the total annual primary energy use of a new or renovated zero-emission building is covered, where technically and economically feasible, by:

(a) energy from renewable sources generated onsite or nearby, fulfilling the criteria of Article 7 of Directive (EU) 2018/2001 [amended RED];

(b) energy from renewable sources provided from a renewable energy community within the meaning of Article 22 of Directive (EU) 2018/2001 [amended RED]; or

(c) energy from an efficient district heating and cooling system in accordance with Article 24(1) of Directive (EU) …/… [recast EED];

(d) energy from carbon free sources.

• 2. 

  Member States shall ensure that a zero-emission building does not cause any on-site carbon emissions from fossil fuels

   Council  Council

   new

Article 10

Renovation passport

• 1. 

  By 31 December 2023, the Commission shall adopt delegated acts in accordance with Article 29 supplementing this Directive by establishing a common European framework for renovation passports, based on the criteria set out in paragraph  […]   3  .

• 2. 

  By 31 December  […]   2025  , Member States shall introduce a scheme of renovation passports  , for voluntary use by building owners,  based on the common framework established in accordance with paragraph 1.

 Member States may decide to allow for the integration of the renovation passport into the energy performance certificate for selected purposes, including in relation to major renovation or to receiving financial support. 

• 3. 

  The renovation passport shall comply with the following requirements:

  (a) it shall be issued by a qualified and certified expert,  based on   […]  an onsite visit  of the building, which may be carried out by virtual means, where appropriate  ;

  (b) it shall comprise a renovation roadmap indicating a sequence of renovation steps building upon each other, with the objective to transform the building into a zeroemission building by 2050 at the latest;

  (c) it shall indicate the expected benefits in terms of energy savings, savings on energy bills and operational greenhouse emission reductions as well as wider benefits related to health and comfort and the improved adaptive capacity of the building to climate change; and

(d) it shall contain information about potential financial and technical support.

 2018/844 Art. 1.5 (adapted)  new  Council

Article 118

Technical building systems, electromobility and smart readiness indicator

• 1. 

  Member States shall, for the purpose of optimising the energy use of technical building systems, set system requirements in respect of the overall energy performance, the proper installation, and the appropriate dimensioning, adjustment and control of the technical building systems which are installed in  new or  existing buildings. Member States may also apply these system requirements to new buildings.  When setting  […]  the requirements, Member States shall take account of design conditions and typical or average operating conditions. 

System requirements shall be set for new, replacement and upgrading of technical building systems and shall be applied in so far as they are technically, economically and functionally feasible.

 new  Council

Member States may set requirements related to the greenhouse gas emissions of, or to the type of fuel used by heat generators  or to the minimum part of renewable energy used for heating at building’s level,  provided that such requirements do not constitute an unjustifiable market barrier.

Member States shall ensure that the requirements they set for technical building systems reach at least the latest cost-optimal levels.

 2018/844 Art. 1.5 2. Member States shall require new buildings, where technically and economically feasible, to be equipped with self-regulating devices for the separate regulation of the temperature in each room or, where justified, in a designated heated zone of the building unit. In existing buildings, the installation of such self-regulating devices shall be required when heat generators are replaced, where technically and economically feasible.

 new  Council

• 3. 

  Member States shall require  non-residential  zero-emission buildings to be equipped with measuring and control devices for the  […]  regulation of indoor air quality. In existing buildings, the installation of such devices shall be required, where technically and economically feasible, when a building undergoes a major renovation.

• 4. 

  Member States shall ensure that, when a technical building system is installed, the overall energy performance of the altered part, and where relevant, of the complete altered system, is assessed. The results shall be documented and passed on to the building owner, so that they remain available and can be used for the verification of compliance with the minimum requirements laid down pursuant to paragraph 1 and the issue of energy performance certificates.

 5. Member States shall strive to replace fossil-fuelled heat generators in existing buildings to be in line with the pathway for transforming the national building stock into zero-emission buildings. 

 2018/844 Art. 1.5 (adapted)  new  Council

Article 12

 Infrastructure for sustainable mobility 

• 12. 

  With regard to new non-residential buildings  with more than five car parking spaces  and non-residential buildings undergoing major renovation, with more than ten  five   car  parking spaces, Member States shall ensure:

  (a) the installation of at least one recharging point within the meaning of Directive 2014/94 i/EU of the European Parliament and of the Council 36 ;

36 Directive 2014/94 i/EU of the European Parliament and of the Council of 22 October 2014 on the deployment of alternative fuels infrastructure (OJ L 307, 28.10.2014, p. 1).

 new  Council

(b) the installation of pre-cabling for  […]   at least 50% of car  parking  […]   spaces   and ducting, namely conduits for electric cables, for the remaining parking spaces,  to enable the installation at a later stage of recharging points for electric vehicles; and

(c)  […]  bicycle parking  […]   spaces representing at least 15% of the average user capacity of the building   […]  ;

 2018/844 Art. 1.5 (adapted)  Council

and ducting infrastructure, namely conduits for electric cables, for at least one in every five parking spaces to enable the installation at a later stage of recharging points for electric vehicles where (a) the car park is located inside the building, and, for major renovations, renovation measures include the car park or the electrical infrastructure of the building,; or (b)

 (a) the car park is located inside the building, and, for major renovations, renovation measures include the car park or the electrical infrastructure of the building; or (b) 

the car park is physically adjacent to the building, and, for major renovations, renovation measures include the car park or the electrical infrastructure of the car park.

 new  Council

Member States shall ensure that the pre-cabling  and ducting are   […]  dimensioned so as to enable the simultaneous use of the  required   […]  number of recharging points.

By way of derogation from the first subparagraph, point (a), for new office buildings and office buildings undergoing major renovation, with more than five parking spaces, Member States shall ensure the installation of at least one recharging point for every two parking spaces.

 2018/844 Art. 1.5 (adapted)  new  Council

The Commission shall report to the European Parliament and the Council by 1 January 2023 on the potential contribution of a Union building policy to the promotion of electromobility and shall, if appropriate, propose measures in that regard.

• 23. 

   With regard to  Member States shall lay down requirements for the installation of a minimum number of recharging points for all non-residential buildings with more than twenty parking spaces, by 1 January 2025  Member States shall ensure  by 1 January 2027: 

 (a)  the installation of at least one recharging point for every ten parking spaces,

  (b) ducting, namely conduits for electric cables, for at least 50% of the parking spaces to enable the installation at a later stage of recharging points for electric vehicles;  and

  (c)   […]  bicycle parking  […]   spaces representing at least 15% of the average user capacity of the building   […]  .

In case of buildings owned or occupied by public  […]   bodies  , Member States shall ensure pre-cabling for at least one in two parking spaces by 1 January 2033. 

 Member States may decide to postpone the implementation of this requirement until 1 January 2029 for all non-residential buildings that have been renovated in the two years prior to entry into force of this directive to comply with the national requirements set in accordance with Article 8(3) of Directive 2010/31 i/EU. 

 new  Council

• 3. 

  Member States may adjust requirements for the number of bicycle parking spaces in accordance with paragraphs 1 and 2 for specific categories of non-residential buildings  that are not typically accessed by   […]  bicycles  […]  .

   2018/844 Art. 1.5  new  Council

• 4. 

  Member States may decide not to lay down or apply the requirements referred to in paragraphs 2 and 3 to buildings owned and occupied by small and medium-sized enterprises as

defined in Title I of the Annex to Commission Recommendation 2003/361/EC 37 .

• 45. 

  With regard to new residential buildings  with more that three car parking spaces  and residential buildings undergoing major renovation, with more than ten  three   car  parking spaces, Member States shall ensure:

  (a) the installation of ducting infrastructure, namely conduits for electric cables,  precabling   for at least 50% of car parking spaces and ducting, namely conduits for electric cables, for the remaining car parking spaces   […]  to enable the installation, at a later stage, of recharging points for electric vehicles;,  and 

   new  Council

  (b) at least two bicycle parking spaces for every  residential building unit   […]  .

   2018/844 Art. 1.5 (adapted)  Council

where: (a) the car park is located inside the building, and, for major renovations, renovation measures include the car park or the electric infrastructure of the building,; or (b)

 where: (a) the car park is located inside the building, and, for major renovations, renovation measures include the car park or the electric infrastructure of the building; 

 or (b)  the car park is physically adjacent to the building, and, for major renovations, renovation measures include the car park or the electrical infrastructure of the car park.

37 Commission Recommendation of 6 May 2003 concerning the definition of micro, small and medium-sized enterprises (OJ L 124, 20.5.2003, p. 36).

 new  Council

Member States shall ensure that the pre-cabling is dimensioned to enable the simultaneous use of recharging points on all parking spaces. Where, in the case of major renovation, ensuring two bicycle parking spaces for every  residential building unit   […]  is not feasible, Member States shall ensure as many bicycle parking spaces as appropriate.

 2018/844 Art. 1.5  new  Council

• 56. 

  Member States may decide not to apply paragraphs 12, 23 and 45 to specific categories of buildings where: (a) with regard to with regard to paragraphs 2 and 5, building permit applications or equivalent applications have been submitted by 10 March 2021;(b)  : 

 (a) with regard to paragraphs 1 and 4, building permit applications or equivalent applications have been submitted by [date of national implementation of EPBD recast]; 

 (b)  the pre-cabling ducting infrastructure required would rely on micro isolated systems or the buildings are situated in the outermost regions within the meaning of Article 349 TFEU, if this would lead to substantial problems for the operation of the local energy system and would endanger the stability of the local grid  […]   ; 

 c) or the cost of the recharging and ducting installations exceeds at least [10 %] of the total cost of the major renovation of the building. 

(c) the cost of the recharging and ducting installations exceeds 7 % of the total cost of the major renovation of the building;

(d) a public building is already covered by comparable requirements according to the transposition of Directive 2014/94 i/EU.

 new  Council

• 6. 

  Member States shall ensure that the recharging points referred to in paragraphs 1, 2 and 4 are capable of smart charging and, where appropriate, bidirectional charging, and that they are operated based on non-proprietary and non-discriminatory communication protocols and standards, in an interoperable manner, and in compliance with any legal standards and protocols in the delegated acts adopted pursuant to Article 19(6) and Article 19(7) of Regulation (EU) …/… [AFIR].

• 7. 

  Member States shall encourage that operators of non-publicly accessible recharging points operate them in accordance with Article 5(4) of Regulation (EU) .../….[AFIR], where applicable.

 7a. Member States may require that operators of non-publicly accessible recharging points make them available to all electromobility service providers active in the Member State without discrimination. Recharging points operated for own use are excluded from this provision. 

 2018/844 Art. 1.5 (adapted)  new  Council

• 87. 

  Member States shall provide for measures in order to simplify the deployment of recharging points in new and existing residential and non-residential buildings and address possible  remove  regulatory barriers, including permitting and approval procedures, without prejudice to the property and tenancy law of the Member States.  Member States shall remove barriers to the installation of recharging points in residential buildings with parking spaces  . A request by tenants or co-owners to be allowed to install charging equipment in a parking space may only be refused if there are serious and legitimate grounds for doing so   […]  . 

   new Member States shall ensure the availability of technical assistance for building owners and tenants wishing to install recharging points.

   2018/844 Art. 1.5 (adapted)  new

• 98. 

  Member States shall consider the need for coherent  ensure the coherence of  policies for buildings, soft and green mobility and urban planning.

• 9. 

  Member States shall ensure that, when a technical building system is installed, replaced or upgraded, the overall energy performance of the altered part, and where relevant, of the complete altered system, is assessed. The results shall be documented and passed on to the building owner, so that they remain available and can be used for the verification of compliance with the minimum requirements laid down pursuant to paragraph 1 of this Article and the issue of energy performance certificates. Without prejudice to Article 12, Member States shall decide whether to require the issuing of a new energy performance certificate.

Article 13

 Smart readiness of buildings 

• 110. 

  The Commission shall, by 31 December 2019, adopt a delegated act  acts  in accordance with Article 2923, supplementing this Directive by establishing  concerning  an optional common Union scheme for rating the smart readiness of buildings. The rating shall be based on an assessment of the capabilities of a building or building unit to adapt its operation to the needs of the occupant and the grid and to improve its energy efficiency and overall performance.

In accordance with Annex IVIa, the optional common Union scheme for rating the smart readiness of buildings shall  lay down  :

(a) establish the definition of the smart readiness indicator; and

(b) establish a methodology by which it is to be calculated.

 new  Council

• 2. 

   Further to the test phase of the smart readiness indicator, the Commission shall submit a report to the Member States, by 1st January 2026, with a view to assessing the results. 

 2a. If the report concludes that the assessment of the smart readiness indicator is positive, the   […]  Commission shall, by 31 December  […]   2026  , adopt a delegated act in accordance with Article 29, requiring the application of the common Union scheme for rating the smart readiness of buildings, in accordance with Annex IV, to non-residential buildings with an effective rated output for heating systems, or systems for combined space heating and ventilation of over 290 kW.

 2018/844 Art. 1.5 (adapted) 311. The Commission shall, by 31 December 2019, and after having consulted the relevant stakeholders, adopt an implementing act detailing the technical modalities for the effective implementation of the scheme referred to in paragraph 110 of this Article, including a timeline for a non-committal test-phase at national level, and clarifying the complementary relation of the scheme to the energy performance certificates referred to in Article 1611.

That implementing act shall be adopted in accordance with the examination procedure referred to in Article 3026(3).

 new  Council

• 4. 

   Provided that the Commission has adopted the delegated act referred to in paragraph 2a,   […]   the  Commission shall, by 31 December  […]   2027   […]  adopt an implementing act detailing the technical modalities for the effective implementation of the application of the scheme referred to in paragraph 2  a  to non-residential buildings with an effective rated output for heating systems, or systems for combined heating and ventilation of over 290 kW.

That implementing act shall be adopted in accordance with the examination procedure referred to in Article 30(3).

Article 14

Data exchange

• 1. 

  Member States shall ensure that the building owners, tenants and managers can have direct access to their building systems’ data. At their request, the access or data shall be made available to a third party. Member States shall facilitate the full interoperability of services and of data exchange within the Union in accordance with paragraph  […]   5  .

For the purpose of this Directive, building systems data shall include at least all data related to the energy performance of building elements, the energy performance of building services, building automation and control systems, meters and charging points for e-mobility.

• 2. 

  When laying down the rules regarding the management and exchange of data, Member States or, where a Member State has so provided, the designated competent authorities, shall specify the rules on the access to building systems data by eligible parties in accordance with this Article and the applicable Union legal framework.

• 3. 

  No additional costs shall be charged to the building owner, tenant or manager for access to their data or for a request to make their data available to a third party. Member States shall be responsible for setting the relevant charges for access to data by other eligible parties such as financial institutions, aggregators, energy suppliers, energy services providers and National Statistical Institutes or other national authorities responsible for the development, production and dissemination of European statistics. Member States or, where applicable, the designated competent authorities, shall ensure that any charges imposed by regulated entities that provide data services are reasonable and duly justified.

• 4. 

  The rules on access to data and data storage for the purpose of this Directive shall comply with the relevant Union law. The processing of personal data within the framework of this Directive shall be carried out in accordance with Regulation (EU) 2016/679 of the European Parliament and of the Council 38 .

• 5. 

  The Commission shall adopt implementing acts detailing interoperability requirements and non-discriminatory and transparent procedures for access to the data. Those implementing acts shall be adopted in accordance with the advisory procedure referred to in Article 30(2).

   2010/31/EU  Council

Article 9  39 

Nearly zero-energy buildings

• 1. 

  Member States shall ensure that:

(a) by 31 December 2020, all new buildings are nearly zero-energy buildings; and

(b) after 31 December 2018, new buildings occupied and owned by public authorities are

nearly zero-energy buildings.

38 Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC i (General Data Protection

Regulation) (OJ L 119, 4.5.2016, p. 1). 39 See Article 9b

Member States shall draw up national plans for increasing the number of nearly zero-energy buildings. These national plans may include targets differentiated according to the category of building.

• 2. 

  Member States shall furthermore, following the leading example of the public sector, develop policies and take measures such as the setting of targets in order to stimulate the transformation of buildings that are refurbished into nearly zero-energy buildings, and inform the Commission thereof in their national plans referred to in paragraph 1.

• 3. 

  The national plans shall include, inter alia, the following elements:

  (a) the Member State’s detailed application in practice of the definition of nearly zeroenergy buildings, reflecting their national, regional or local conditions, and including a

numerical indicator of primary energy use expressed in kWh/m 2 per year. Primary energy

factors used for the determination of the primary energy use may be based on national or regional yearly average values and may take into account relevant European standards;

(b) intermediate targets for improving the energy performance of new buildings, by 2015,

with a view to preparing the implementation of paragraph 1;

(c) information on the policies and financial or other measures adopted in the context of paragraphs 1 and 2 for the promotion of nearly zero-energy buildings, including details of national requirements and measures concerning the use of energy from renewable sources in new buildings and existing buildings undergoing major renovation in the context of

Article 13(4) of Directive 2009/28/EC i and Articles 6 and 7 of this Directive.

• 4. 

  The Commission shall evaluate the national plans referred to in paragraph 1, notably the adequacy of the measures envisaged by the Member State in relation to the objectives of this Directive. The Commission, taking due account of the principle of subsidiarity, may request further specific information regarding the requirements set out in paragraphs 1, 2 and 3. In that case, the Member State concerned shall submit the requested information or propose amendments within nine months following the request from the Commission. Following its evaluation, the Commission may issue a recommendation.

   2018/1999 Art. 53.3 5. As part of its State of the Energy Union report referred to in Article 35 of Regulation (EU) 2018/1999 i, the Commission shall report every four years to the European Parliament and to the Council on the progress of Member States in increasing the number of nearly zero-energy buildings. On the basis of this reported information the Commission shall, where necessary, develop an action plan and propose recommendations and measures in accordance with Article 34 of Regulation (EU) 2018/1999 i to increase the number of those buildings and encourage best practices as regards the cost-effective transformation of existing buildings into nearly zero-energy buildings.

   2010/31/EU 6. Member States may decide not to apply the requirements set out in points (a) and (b) of paragraph 1 in specific and justifiable cases where the cost-benefit analysis over the economic lifecycle of the building in question is negative. Member States shall inform the Commission of the principles of the relevant legislative regimes.

   2010/31/EU

Article 1510

Financial incentives and market barriers

• 1. 

  In view of the importance of providing appropriate financing and other instruments to catalyse the energy performance of buildings and the transition to nearly zero-energy buildings, Member States shall take appropriate steps to consider the most relevant such instruments in the light of national circumstances.

   new  Council

• 1. 

  Member States shall provide appropriate financing, support measures and other instruments able to address market barriers and stimulate the necessary investments in energy renovations in line with their national building renovation plan and with a view to the transformation of their building stock into zero-emission buildings by 2050.

• 2. 

  Member States shall take appropriate regulatory measures to remove non-economic barriers to building renovation. With regard to buildings with more than one building unit, such measures may include removing unanimity requirements in co-ownership structures, or allowing co-ownership structures to be direct recipients of financial support.

• 3. 

  Member States shall make best cost-effective use of national financing and financing available established at Union level, in particular the Recovery and Resilience Facility, the Social Climate Fund, cohesion policy funds, InvestEU, auctioning revenues from emission trading pursuant to Directive 2003/87/EC i [amended ETS] and other public funding sources.

• 4. 

  To support the mobilisation of investments, Member States shall promote  […]  enabling funding and financial tools, such as energy efficiency loans and mortgages for building renovation, energy performance contracting, fiscal incentives, on-tax schemes, on-bill schemes, guarantee funds, funds targeting deep renovations, funds targeting renovations with a significant minimum threshold of targeted energy savings and mortgage portfolio standards. They shall guide investments into an energy efficient public building stock, in line with Eurostat guidance on the recording of Energy Performance Contracts in government accounts.

• 5. 

  Member States shall facilitate the aggregation of projects to enable investor access as well as packaged solutions for potential clients.

Member States shall adopt measures to  encourage financial institutions to offer energy efficicency lending products for building renovations in a wide, non-discriminatory manner and in a way that is both   […]  visible and accessible to consumers. Member States shall ensure that banks and other financial institutions and investors receive information on opportunities to participate in the financing of the improvement of energy performance of buildings.

• 6. 

  Member States shall ensure the establishment of technical assistance facilities, including through one-stop-shops, targeting all actors involved in building renovations, including home owners and administrative, financial and economic actors, including small- and medium-sized enterprises.

• 7. 

  Member States shall put in place measures and financing to promote education and training  with a view to ensuring   […]  that there is a sufficient workforce with the appropriate level of skills corresponding to the needs in the building sector.

   2010/31/EU  new

• 84. 

  The Commission shall, where appropriate, assist upon request Member States in setting up national or regional financial support programmes with the aim of increasing the energy  performance of  efficiency in buildings, especially of existing buildings, by supporting the exchange of best practice between the responsible national or regional authorities or bodies.

The Commission shall collect and disseminate best practices on successful public and private financing schemes and incentives for renovation and other policies and measures as well as information on schemes for the aggregation of small-scale energy renovation projects. The Commission shall identify and disseminate best practices on financial incentives to renovate from a consumer perspective, taking into account cost-efficiency differences between Member States.

• 5. 

  In order to improve financing in support of the implementation of this Directive and taking due account of the principle of subsidiarity, the Commission shall, preferably by 2011, present an analysis on, in particular:

(a) the effectiveness, the appropriateness of the level, and the actual amount used, of structural funds and framework programmes that were used for increasing energy

efficiency in buildings, especially in housing;

(b) the effectiveness of the use of funds from the EIB and other public finance institutions;

(c) the coordination of Union and national funding and other forms of support that can act as a leverage for stimulating investments in energy efficiency and the adequacy of such

funds for achieving Union objectives.

On the basis of that analysis, and in accordance with the multiannual financial framework, the

Commission may subsequently submit, if it considers this appropriate, proposals with respect to

Union instruments to the European Parliament and the Council.

 2018/844 Art. 1.6  new

• 96. 

  Member States shall link their financial measures for energy  performance  efficiency improvements in the renovation of buildings to the targeted or achieved energy savings, as determined by one or more of the following criteria:

  (a) the energy performance of the equipment or material used for the renovation; in which case, the equipment or material used for the renovation is to be installed by an installer with the relevant level of certification or qualification  and shall comply with minimum energy performance requirements for building elements  ;

  (b) standard values for calculation of energy savings in buildings;

  (c) the improvement achieved due to such renovation by comparing energy performance certificates issued before and after renovation;

  (d) the results of an energy audit;

  (e) the results of another relevant, transparent and proportionate method that shows the improvement in energy performance.

   new  Council

• 10. 

  From 1 January  […]   2025  at the latest, Member States shall not provide any financial incentives for the installation of boilers powered by fossil fuels, with the exception of those selected for investment, before  […]   2025  , in accordance with Article 7(1)(h)(i) third hyphen of Regulation (EU) 2021/1058 of the European Parliament and the Council 40 on the European Regional Development Fund and on the Cohesion Fund and with Article 73 of Regulation (EU) 2021/2115 of the European Parliament and the Council 41 on the CAP Strategic Plans.

• 11. 

  Member States shall incentivise deep renovation  , staged deep renovation  and sizeable programmes that address a high number of buildings and result in an overall reduction of at least 30 % of primary energy  use   […]  with higher financial, fiscal, administrative and technical support.

 […] 

• 12. 

  Financial incentives shall target as a priority vulnerable households, people affected by energy poverty and people living in social housing, in line with Article 22 of Directive (EU) .../…. [recast EED].

• 13. 

  When providing financial incentives to owners of buildings or building units for the renovation of rented buildings or building units, Member States shall  aim at   […]  financial incentives  […]   benefiting  both the owners and the tenants, in particular by providing rent support or by imposing caps on rent increases.

40 Regulation (EU) 2021/1058 of the European Parliament and of the Council of 24 June 2021 on the European Regional Development Fund and on the Cohesion Fund (OJ L 231,

30.6.2021, p. 60). 41 Regulation (EU) 2021/2115 of the European Parliament and of the Council of 2 December

2021 establishing rules on support for strategic plans to be drawn up by Member States under the common agricultural policy (CAP Strategic Plans) and financed by the European Agricultural Guarantee Fund (EAGF) and by the European Agricultural Fund for Rural Development (EAFRD) and repealing Regulations (EU) No 1305/2013 i and (EU) No 1307/2013 (OJ L 435, 6.12.2021, p. 1).

 2018/844 Art. 1.6 6a. Databases for energy performance certificates shall allow data to be gathered on the measured or calculated energy consumption of the buildings covered, including at least public buildings for which an energy performance certificate, as referred to in Article 13, has been issued in accordance with Article 12.

6b. At least aggregated anonymised data compliant with Union and national data protection requirements shall be made available on request for statistical and research purposes and to the building owner.

 2010/31/EU  new

• 7. 

  The provisions of this Directive shall not prevent Member States from providing incentives for new buildings, renovations or building elements which go beyond the cost-optimal levels.

Article 1611

Energy performance certificates

• 1. 

  Member States shall lay down the necessary measures to establish a system of certification of the energy performance of buildings.

The energy performance certificate shall include the energy performance of a building  expressed by a numeric indicator of primary energy use in kWh/(m2.y),  and reference values such as minimum energy performance requirements  , minimum energy performance standards, nearly zero-energy building requirements and zero-emission building requirements,  in order to make it possible for owners or tenants of the building or building unit to compare and assess its energy performance. The energy performance certificate may include additional information such as the annual energy consumption for non-residential buildings and the percentage of energy from renewable sources in the total energy consumption.

 new  Council

• 2. 

   Energy performance certificates issued after   […]  31 December  […]   2026   […]   at the latest  shall comply with the template in Annex V.  They   […]  shall specify the energy performance class of the building, on a closed scale using only letters from A to

• G. 

   In addition Member States shall define A 0 energy performance class that corresponds 

 […]  to zero-emission buildings as defined in Article 2, point (2) and the letter G shall correspond to  […]  worst-performing buildings in the national building stock at the time of the introduction of the scale.  […]   Member States which have rescaled their energy performance classes on or after 1 January 2019 and before the date of entry into force of this Directive, may postpone the application of the obligation under this paragraph until 31 December 2029 and update their performance classes for the application of article 9(2) third subparagraph. 

 Member States may define an A+ energy performance class corresponding to buildings which in addition to being zero emission buildings also make a positive net annual contribution to the energy grid from on-site renewables, calculated in terms of total primary energy (excluding ambient heat). 

 Member States shall ensure a common visual identity for energy performance certificates on their territory. 

• 3. 

  Member States shall ensure the quality, reliability and affordability of energy performance certificates. They shall ensure that energy performance certificates are issued  in accordance with article 17 (1) and  by independent experts  based on   […]  an on-site visit  , which may be carried out by virtual means, when appropriate  .

   2010/31/EU (adapted)  new  Council

• 42. 

  The energy performance certificate shall include recommendations for the cost-effective improvement of the energy performance  and the reduction of operational greenhouse gases emissions  of a building or building unit, unless  the building or building unit already complies

 at least  with the  energy performance class A 0   […]   there is no reasonable

potential for such improvement compared to the energy performance requirements in force.

The recommendations included in the energy performance certificate shall cover:

(a) measures carried out in connection with a major renovation of the building envelope or technical building system(s)  or systems  ; and

(b) measures for individual building elements independent of a major renovation of the building envelope or technical building system(s)  or systems  .

 4a. When Member States choose to integrate a renovation passport in accordance with Article

10(2), the renovation passport shall substitute the recommendations according to Article 16 (4). 

• 53. 

  The recommendations included in the energy performance certificate shall be technically feasible for the specific building  and shall provide an estimate for the energy savings and the reduction of operational greenhouse gas emissions. Theyand may provide an estimate for the range of payback periods or cost-benefits over its economic lifecycle.

   new 6. The recommendations shall include an assessment of whether the heating or air-conditioning system can be adapted to operate at more efficient temperature settings, such as low temperature emitters for water based heating systems, including the required design of thermal power output and temperature/flow requirements.

   2010/31/EU (adapted)  new  Council

• 74. 

  The energy performance certificate shall provide an indication as to where the owner or tenant can receive more detailed information, including as regards the cost-effectiveness of the recommendations made in the energy performance certificate. The evaluation of cost effectiveness shall be based on a set of standard conditions, such as the assessment of energy savings and underlying energy prices and a preliminary cost forecast. In addition, it shall contain information on the steps to be taken to implement the recommendations. Other information on related topics, such as energy audits or incentives of a financial or other nature and financing possibilities  , or advice on how to increase the climate resilience of the building,  may also be provided to the owner or tenant.

• 5. 

  Subject to national rules, Member States shall encourage public authorities to take into account the leading role which they should play in the field of energy performance of buildings, inter alia, by implementing the recommendations included in the energy performance certificate issued for buildings owned by them within its validity period.

• 86. 

  Certification for building units may be based:

  (a) on a common certification of the whole building; or

  (b) on the assessment of another representative building unit with the same energyrelevant characteristics in the same building.

• 97. 

  Certification for single-family houses may be based on the assessment of another representative building of similar design and size with a similar actual energy performance quality if such correspondence can be guaranteed by the expert issuing the energy performance certificate.

• 108. 

  The validity of the energy performance certificate shall not exceed  […]  10 years. 9.

  The Commission shall, by 2011, in consultation with the relevant sectors, adopt a voluntary common European Union certification scheme for the energy performance of non-residential buildings. That measure shall be adopted in accordance with the advisory procedure referred to in Article 26(2). Member States are encouraged to recognise or use the scheme, or use part thereof by adapting it to national circumstances.

   new 11. Member States shall make simplified procedures for updating an energy performance certificate available where only individual elements are upgraded (single or standalone measures).

Member States shall make simplified procedures for updating an energy performance certificate available where measures identified in a renovation passport are put in place.

 2010/31/EU (adapted)  new  Council

Article 1712

Issue of energy performance certificates

• 1. 

  Member States shall ensure that an  a digital  energy performance certificate is issued for:

  (a) buildings or building units which are constructed  , have undergone a major renovation, are  sold or rented out to a new tenant  or for which a rental contract is renewed  ; and

  (b)  exisitng  buildings where a total useful floor area over 500 m 2 is  owned or  occupied by a public  bodies  authority and frequently visited by the public. On

  9 July 2015, this threshold of 500 m 2 shall be lowered to 250 m 2 .

 Member States shall ensure that a paper version is issued on request.  The requirement to issue an energy performance certificate does not apply where a certificate, issued in accordance with either Directive  2010/31/EU  2002/91/EC or this Directive, for the building or building unit concerned is available and valid.

• 2. 

  Member States shall require that, when buildings or building units are constructed, sold or rented out  or when rental contracts are renewed  , the energy performance certificate or a copy thereof is shown to the prospective new tenant or buyer and handed over to the buyer or new tenant.

• 3. 

  Where a building is sold or rented out in advance of construction  or major renovation  , Member States may require the seller to provide an assessment of its future energy performance, as a derogation from paragraphs 1 and 2; in this  that  case, the energy performance certificate shall be issued at the latest once the building has been constructed  or renovated and shall reflect the as-built state  .

• 4. 

  Member States shall require that when:buildings having an energy performance certificate,building units in a building having an energy performance certificate, andbuilding units having an energy performance certificate, buildings or buildings units which  are offered for sale or for rent  have an energy performance certificate  ,  and that  the energy performance indicator  and class  of the energy performance certificate of the building or the building unit, as applicable, is stated in the  online and offline  advertisements  , including in property search portal websites  in commercial media.

   new Member States shall carry out sample checks or other controls to ensure compliance with these requirements. 

   2010/31/EU  Council

• 5. 

  The provisions of this Article shall be implemented in accordance with applicable national rules on joint ownership or common property.

 5a. Member States may exclude the categories of buildings referred to in Article 5(3) from the application of paragraphs 1, 2, 4 and 5 of this Article. 

• 6. 

  Member States may exclude the categories of buildings referred to in Article 4(2) from the application of paragraphs 1, 2, 4 and 5 of this Article.

• 67. 

  The possible effects of energy performance certificates in terms of legal proceedings, if any, shall be decided in accordance with national rules.

   new 7. Member States shall ensure that all energy performance certificates issued are uploaded to the database for energy performance of building referred to in Article 19. The upload shall contain the full energy performance certificate, including all necessary data required for the calculation of the energy performance of the building.

   2010/31/EU (adapted)  Council

Article 1813

Display of energy performance certificates

• 1. 

  Member States shall take measures to ensure that where a total useful floor area over 500 m 2

of a building for which an energy performance certificate has been issued in accordance with

Article 1712(1) is occupied by public  […]   bodies  and frequently visited by the public, the energy performance certificate is displayed in a prominent place clearly visible to the public.On

9 July 2015, this threshold of 500 m 2 shall be lowered to 250 m 2 .

• 2. 

  Member States shall require that where a total useful floor area over 500 m 2 of a building for which an energy performance certificate has been issued in accordance with Article 1712(1) is frequently visited by the public, the energy performance certificate is displayed in a prominent place clearly visible to the public.

• 3. 

  The provisions of this Article  paragraphs 1 and 2  do not include an obligation to display the recommendations included in the energy performance certificate.

   new  Council

Article 19

Databases for energy performance of buildings

• 1. 

  Each Member State shall set up a national database for energy performance of buildings which allows data to be gathered on the energy performance of the buildings and on the overall energy performance of the national building stock.  Such databases may consist of a set of interconnected databases. 

The database shall allow data to be gathered related to energy performance certificates, inspections, the building renovation passport, the smart readiness indicator and the calculated or metered energy consumption of the buildings covered.

• 2. 

  The database shall be publicly accessible, in compliance with Union and national data protection rules. Member States shall ensure access to the full energy performance certificate for building owners, tenants and managers, and to financial institutions as regards the buildings in their investment portfolio. For buildings offered for rent or sale, Member States shall ensure access to the full energy performance certificate for prospective tenants or buyers.

• 3. 

  Member States shall make publicly available information on the share of buildings in the national building stock covered by energy performance certificates and aggregated or anonymised data on the energy performance of the buildings covered. The public information shall be updated at least twice per year. Member States shall make anonymised or aggregated information available to public and research institutions such as National Statistics Institutes, upon request.

• 4. 

  At least once per year, Member States shall ensure the transfer of the information in the national database to the Building Stock Observatory.

• 5. 

  The Commission shall, by 30 June 2024, adopt an implementing act with a common template for the transfer of the information to the Building Stock Observatory.

That implementing act shall be adopted in accordance with the examination procedure referred to in Article 30(3).

• 6. 

  For the purpose of ensuring coherence and consistency of information, Member States shall ensure that the national database for energy performance of buildings is interoperable and integrated with other administrative databases containing information on buildings, such as the national building cadastre  or land registry  and digital building logbooks.

   2018/844 Art. 1.7 (adapted)  new  Council

Article 2014

Inspection of heating systems  Inspections 

• 1. 

  Member States shall lay down the necessary measures to establish regular inspections of the accessible parts of  the accessible parts of  heating  , ventilation and air conditioning  systems or of systems for combined space heating and ventilation, with an effective rated output of over 70 kW, such as the heat generator, control system and circulation pump(s) used for heating buildings.  The effective rating of the system shall be based on the sum of the rated output of the heating and  cooling   […]  generators. 

   new  Council

• 2. 

  Member States  […]   may  establish separate inspection schemes for the inspections of residential and non-residential systems.

• 3. 

  Member States may set different inspection frequencies depending on the type and effective rated output of the system whilst taking into account the costs of the inspection of the system and the estimated energy cost savings that may result from the inspection. Systems shall be inspected at least every five years. Systems with generators of an effective rated output of more than 290 kW shall be inspected at least every  three   […]  years.

• 4. 

  The inspection shall include the assessment of the generator or generators, circulation pumps, fans and control system. Member States may decide to include in the inspection schemes any additional building systems identified under Annex I.

   2018/844 Art. 1.7 (adapted)  new

The inspection shall include an assessment of the efficiency and sizing of the heat generator  or generators and of its main components  compared with the heating requirements of the building and, where relevant, consider the capabilities of the heating system or of the system for combined space heating and ventilation to optimise its performance under typical or average operating conditions.  Where relevant, the inspection shall assess the feasibility of the system to operate under different and more efficient temperature settings, while ensuring the safe operation of the system. 

 new  Council

The inspections scheme  , where relevant,  shall include the assessment of the sizing of the ventilation system compared with the requirements of the building and consider the capabilities of the ventilation system to optimise its performance under typical or average operating conditions.

 2018/844 Art. 1.7 (adapted)  new

Where no changes have been made to the heating system or to the system for combined space heating and ventilation or to the heating requirements of the building following an inspection carried out pursuant to this  Article  paragraph, Member States may choose not to require the assessment of the heat generator  main component  sizing  or the assessment of operation under different temperatures  to be repeated.

• 52. 

  Technical building systems that are explicitly covered by an agreed energy performance criterion or a contractual arrangement specifying an agreed level of energy efficiency improvement, such as energy performance contracting, or that are operated by a utility or network operator and therefore subject to performance monitoring measures on the system side, shall be exempt from the requirements laid down in paragraph 1, provided that the overall impact of such an approach is equivalent to that resulting from paragraph 1.

• 63. 

  As an alternative to paragraph 1 and provided that the overall impact is equivalent to that resulting from paragraph 1, Member States may opt to take measures to ensure the provision of advice to users concerning the replacement of heat generators, other modifications to the heating system or to the system for combined space heating and ventilation and alternative solutions to assess the  performance,  efficiency and appropriate size of those systems.

Before applying the alternative measures referred to in the first subparagraph of this paragraph, each Member State shall, by means of submitting a report to the Commission, document the equivalence of the impact of those measures to the impact of the measures referred to in paragraph 1.

 2018/1999 Art. 53.5 Such a report shall be submitted to the Commission as part of the Member States' integrated national energy and climate plans referred to in Article 3 of Regulation (EU) 2018/1999 i.

 2018/844 Art. 1.7 (adapted)  new  Council

• 74. 

  Member States shall lay down requirements to ensure that, where technically and economically feasible, non-residential buildings with an effective rated output for heating systems or systems for combined space heating and ventilation of over 290 kW are equipped with building automation and control systems  by   31 December 2024  by2025.  The threshold for the effective rated output shall be lowered to 70 kW by 31 December 2029. 

The building automation and control systems shall be capable of:

(a) continuously monitoring, logging, analysing and allowing for adjusting energy use;

(b) benchmarking the building’s energy efficiency, detecting losses in efficiency of technical building systems, and informing the person responsible for the facilities or technical building management about opportunities for energy efficiency improvement; and

(c) allowing communication with connected technical building systems and other appliances inside the building, and being interoperable with technical building systems across different types of proprietary technologies, devices and manufacturers.

• 85. 

  Member States  shall  may lay down requirements to ensure that  from 1 January 2025, new  residential buildings  and residential buildings undergoing major renovations  are equipped with:

  (a) the functionality of continuous electronic monitoring that measures systems’ efficiency and informs building owners or managers when it has fallen significantly and when system servicing is necessary; and

  (b) effective control functionalities to ensure optimum generation, distribution, storage and use of energy.

 Member States may exclude single-family houses undergoing major renovations from the requirements laid down in this paragraph where the costs of installation exceed the benefits. 

• 96. 

  Buildings that comply with paragraph 74 or 85 shall be exempt from the requirements laid down in paragraph 1.

   new 10. Member States shall put in place inspection schemes or alternative measures including digital tools, to certify that the delivered construction and renovation works meet the designed energy performance and are compliant with the minimum energy performance requirements as laid down in by the building codes.

• 11. 

  Member States shall include a summarised analysis of the inspection schemes and their results as an annex to the building renovation plan referred to in Article 3. Member States that have chosen the alternative measures indicated in paragraph 6 of this Article shall include a summarised analysis and the results of the alternative measures.

   2018/844 Art. 1.7

Article 15

Inspection of air-conditioning systems

• 1. 

  Member States shall lay down the necessary measures to establish regular inspections of the accessible parts of air-conditioning systems or of systems for combined air-conditioning and ventilation, with an effective rated output of over 70 kW. The inspection shall include an assessment of the efficiency and sizing of the air-conditioning system compared with the cooling requirements of the building and, where relevant, consider the capabilities of the air-conditioning system or of the system for combined air-conditioning and ventilation to optimise its performance under typical or average operating conditions.

Where no changes have been made to the air-conditioning system or to the system for combined airconditioning and ventilation or to the cooling requirements of the building following an inspection carried out pursuant to this paragraph, Member States may choose not to require the assessment of the sizing of the air-conditioning system to be repeated.

Member States that maintain more stringent requirements pursuant to Article 1(3) shall be exempt from the obligation to notify them to the Commission.

• 2. 

  Technical building systems that are explicitly covered by an agreed energy performance criterion or a contractual arrangement specifying an agreed level of energy efficiency improvement, such as energy performance contracting, or that are operated by a utility or network operator and therefore subject to performance monitoring measures on the system side, shall be exempt from the requirements laid down in paragraph 1, provided that the overall impact of such an approach is equivalent to that resulting from paragraph 1.

• 3. 

  As an alternative to paragraph 1 and provided that the overall impact is equivalent to that resulting from paragraph 1, Member States may opt to take measures to ensure the provision of advice to users concerning the replacement of air-conditioning systems or systems for combined air-conditioning and ventilation, other modifications to the air-conditioning system or system for combined air-conditioning and ventilation and alternative solutions to assess the efficiency and appropriate size of those systems.

Before applying the alternative measures referred to in the first subparagraph of this paragraph, each Member State shall, by means of submitting a report to the Commission, document the equivalence of the impact of those measures to the impact of the measures referred to in paragraph 1.

 2018/1999 Art. 53.6 Such a report shall be submitted to the Commission as part of the Member States' integrated national energy and climate plans referred to in Article 3 of Regulation (EU) 2018/1999 i.

 2018/844 Art. 1.7 4. Member States shall lay down requirements to ensure that, where technically and economically feasible, non-residential buildings with an effective rated output for systems for airconditioning or systems for combined air-conditioning and ventilation of over 290 kW are equipped with building automation and control systems by 2025.

The building automation and control systems shall be capable of:

(a) continuously monitoring, logging, analysing and allowing for adjusting energy use;

(b) benchmarking the building’s energy efficiency, detecting losses in efficiency of technical building systems, and informing the person responsible for the facilities or technical building management about opportunities for energy efficiency improvement;

and

(c) allowing communication with connected technical building systems and other appliances inside the building, and being interoperable with technical building systems

across different types of proprietary technologies, devices and manufacturers.

• 5. 

  Member States may lay down requirements to ensure that residential buildings are equipped with:

(a) the functionality of continuous electronic monitoring that measures systems’ efficiency and informs building owners or managers when it has fallen significantly and when system

servicing is necessary, and

(b) effective control functionalities to ensure optimum generation, distribution, storage and use of energy.

• 6. 

  Buildings that comply with paragraph 4 or 5 shall be exempt from the requirements laid down in paragraph 1.

   2010/31/EU (adapted)  new

Article 2116

Reports on the inspection of heating  , ventilation  and air-conditioning systems

• 1. 

  An inspection report shall be issued after each inspection of a heating  , ventilation  or air-conditioning system. The inspection report shall contain the result of the inspection performed in accordance with Article 2014 or 15 and include recommendations for the cost-effective improvement of the energy performance of the inspected system.

The  Those  recommendations may be based on a comparison of the energy performance of the system inspected with that of the best available feasible system and a system of similar type for which all relevant components achieve the level of energy performance required by the applicable legislation.

• 2. 

  The inspection report shall be handed over to the owner or tenant of the building.

   new 3. The inspection report shall be uploaded into the national database for energy performance of buildings pursuant to Article 19.

   2010/31/EU (adapted)  new  Council

Article 2217

Independent experts

• 1. 

  Member States shall ensure that the energy performance certification of buildings  , the establishment of renovation passports, the smart readiness assessment,  and the inspection of heating  , ventilation   […]  and air-conditioning systems are carried out in an independent manner by qualified and/or  certified  accredited experts, whether operating in a self-employed capacity or employed by public bodies or private enterprises.

Experts shall be accredited  certified in accordance with Article 26 of Directive (EU) …/…

[recast EED]  taking into account their competence.

• 2. 

  Member States shall make available to the public information on training and accreditations  certifications  . Member States shall ensure that either regularly updated lists of qualified and/or accredited  certified  experts or regularly updated lists of accredited  certified  companies which offer the services of such experts are made available to the public.

   new  Council

Article 23

Certification of building professionals

• 1. 

  Member States shall ensure the appropriate level of competence for building professionals carrying out integrated renovation works in  accordance   […]  with Article 26 [recast EED].

• 2. 

  Where appropriate and feasible, Member States shall ensure that certification or equivalent qualification schemes are available for providers of integrated renovation works where this is not covered by Article 18(3) of Directive (EU) 2018/2001 [amended RED] or Article 26 of Directive (EU) …/….[recast EED].

   2010/31/EU (adapted)  new  Council

Article 2418

Independent control system

• 1. 

  Member States shall ensure that independent control systems for energy performance certificates  are established in accordance with Annex VI, and that independent control systems for renovation passports, smart readiness indicators  and reports on the inspection of heating and air-conditioning systems  and ventilation  are established in accordance with Annex II. Member States may establish separate systems for the control of energy performance certificates  , renovation passports, smart readiness indicators  and for the control of reports on the inspection of heating and air-conditioning systems.

• 2. 

  The Member States may delegate the responsibilities for implementing the independent control systems.

Where the Member States decide to do so, they shall ensure that the independent control systems are implemented in compliance with Annex VIII.

• 3. 

  Member States shall require the energy performance certificates  , the renovation passports, the smart readiness indicators  and the inspection reports referred to in paragraph 1 to be made available to the competent authorities or bodies on request.

   2018/844 Art. 1.8 (adapted)  new  Council

Article 2519

Review

The Commission, assisted by  the experts of  the Committee established by  referred to in  Article 3026, shall review this Directive by  the end of 2027  1 January 2026 at the latest, in the light of the experience gained and progress made during its application, and, if necessary, make proposals.

As part of that review,  the Commission shall assess whether the application of this Directive in combination with other legislative instruments addressing energy efficiency and greenhouse gas emissions from buildings, notably through carbon pricing, deliver sufficient progress towards achieving a fully decarbonised, zero-emission building stock by 2050, or whether further binding measures at Union level, in particular mandatory minimum energy performance standards across the whole building stock, need to be introduced.  tThe Commission shall  also  examine in what manner Member States could apply integrated district or neighbourhood approaches in Union building and energy efficiency policy, while ensuring that each building meets the minimum energy performance requirements, for example by means of overall renovation schemes applying to a number of buildings in a spatial context instead of a single building. The Commission shall, in particular, assess the need for further improvement of energy performance certificates in accordance with Article 11.

 2018/844 Art. 1.9 (adapted)

Article 19a

Feasibility study

The Commission shall, before 2020, conclude a feasibility study, clarifying the possibilities and timeline to introduce the inspection of stand-alone ventilation systems and an optional building renovation passport that is complementary to the energy performance certificates, in order to provide a long-term, step-by-step renovation roadmap for a specific building based on quality criteria, following an energy audit, and outlining relevant measures and renovations that could improve the energy performance.

 2010/31/EU  new

Article 2620

Information

• 1. 

  Member States shall take the necessary measures to inform the owners or tenants of buildings or building units  and all relevant market actors  of the different methods and practices that serve to enhance energy performance.  In particular, Member States shall take the necessary measures to provide tailor-made information to vulnerable households. 

   2018/844 Art. 1.10 2. Member States shall in particular provide information to the owners or tenants of buildings on energy performance certificates, including their purpose and objectives, on cost-effective measures and, where appropriate, financial instruments, to improve the energy performance of the building, and on replacing fossil fuel boilers with more sustainable alternatives. Member States shall provide the information through accessible and transparent advisory tools such as renovation advice and one-stop-shops.

   2010/31/EU (adapted)  new

At the request of the Member States, the Commission shall assist Member States in staging information campaigns for the purposes of paragraph 1 and the first subparagraph of this paragraph, which may be dealt with in Union programmes.

• 3. 

  Member States shall ensure that guidance and training are made available for those responsible for implementing this Directive. Such guidance and training shall address the importance of improving energy performance, and shall enable consideration of the optimal combination of improvements in energy efficiency,  reduction of greenhouse gas emissions,  use of energy from renewable sources and use of district heating and cooling when planning, designing, building and renovating industrial or residential areas.  Such guidance and training may also address structural improvements, adaptation to climate change, fire safety, risks related to intense seismic activity, the removal of hazardous substances including asbestos, air pollutant emissions (including fine particulate matter) and accessibility for persons with disabilities. 

• 4. 

  The Commission is invited to continuously improve its information services, in particular the website that has been set up as a European portal for energy efficiency in buildings directed towards citizens, professionals and authorities, in order to assist Member States in their information and awareness-raising efforts. Information displayed on this  that  website might include links to relevant European Union and national, regional and local legislation, links to Europa websites that display the National Energy Efficiency Action Plans, links to available financial instruments, as well as best practice examples at national, regional and local level. In the context of the European Regional Development Fund,  the Cohesion Fund and the Just Transition Fund,  the Commission shall continue and further intensify its information services with the aim of facilitating the use of available funds by providing assistance and information to interested stakeholders, including national, regional and local authorities, on funding possibilities, taking into account the latest changes in the regulatory framework.

Article 2721

Consultation

In order to facilitate the effective implementation of the  this  Directive, Member States shall consult the stakeholders involved, including local and regional authorities, in accordance with the national legislation applicable and as relevant. Such consultation is of particular importance for the application of Articles 9 and 2620.

Article 2822

Adaptation of Annex I to technical progress

The Commission shall adapt points 3 and 4 of Annex I to technical progress by means of

 adopt  delegated acts in accordance with Articles 2923, 24 and 25  concerning the adaptation of points 4 and 5 of Annex I to technical progress  .

 2018/844 Art. 1.11 (adapted)  new  Council

Article 2923

Exercise of the delegation

• 1. 

  The power to adopt delegated acts is conferred on the Commission subject to the conditions laid down in this Article.

• 2. 

  The power to adopt delegated acts referred to in Articles 65,  7, 10  118 138 and 2822 shall be conferred on the Commission for  a   […]  period  of five years    […]   of five years from  [date of entry into force of this Directive]  9 July 2018. The Commission shall draw up a report in respect of the delegation of power not later than nine months before the end of the five-year period. The delegation of power shall be tacitly extended for periods of an identical duration, unless the European Parliament or the Council opposes such extension not later than three months before the end of each period.  The Commission shall draw up a report in respect of the delegation of power not later than nine months before the end of the five-year period. The delegation of power shall be tacitly extended for periods of an identical duration, unless the European Parliament or the Council opposes such extension not later than three months before the end of each period. 

• 3. 

  The delegation of power referred to in Articles 65,  7, 10,  1318 and 2822 may be revoked at any time by the European Parliament or by the Council. A decision to revoke shall put an end to the delegation of the power specified in that decision. It shall take effect the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force.

• 4. 

  Before adopting a delegated act, the Commission shall consult experts designated by each

Member State in accordance with the principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law-Making.

• 5. 

  As soon as it adopts a delegated act, the Commission shall notify it simultaneously to the

European Parliament and to the Council.

• 6. 

  A delegated act adopted pursuant to Articles 65,  7, 10,  118 138 or 2822 shall enter into force only if no objection has been expressed either by the European Parliament or the Council within a period of two months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by two months at the initiative of the European Parliament or of the Council.

   2018/844 Art. 1.13

Article 3026

Committee procedure

• 1. 

  The Commission shall be assisted by a committee. That committee shall be a committee within the meaning of Regulation (EU) No 182/2011 i.

• 2. 

  Where reference is made to this paragraph, Article 4 of Regulation (EU) No 182/2011 i shall apply.

• 3. 

  Where reference is made to this paragraph, Article 5 of Regulation (EU) No 182/2011 i shall apply.

   2010/31/EU (adapted)  new

Article 3127

Penalties

Member States shall lay down the rules on penalties applicable to infringements of the national provisions adopted pursuant to this Directive and shall take all measures necessary to ensure that they are implemented. The penalties provided for must be effective, proportionate and dissuasive. Member States shall communicate those provisions to the Commission by 9 January 2013 at the latest and shall notify it  the Commission  without delay of any subsequent amendment affecting them  the provisions communicated in accordance with Article 27 of Directive 2010/31 i/EU  .

Article 3228

Transposition

• 1. 

  Member States shall adopt and publish, by 9 July 2012 at the latest,  bring into force  the laws, regulations and administrative provisions necessary to comply with Articles 2 to 18,  1 to 3, 5 to 26, 29 and 32  and with Articles 20 and 27  Annexes I to III and V to IX by […] .  They shall immediately communicate the text of those measures and a correlation table to the Commission. 

They shall apply those provisions as far as Articles 2, 3, 9, 11, 12, 13, 17, 18, 20 and 27 are concerned, from 9 January 2013 at the latest. They shall apply those provisions as far as Articles 4, 5, 6, 7, 8, 14, 15 and 16 are concerned, to buildings occupied by the public authorities from 9 January 2013 at the latest and to other buildings from 9 July 2013 at the latest.They may defer the application of Article 12(1) and (2) to single building units that are rented out, until 31 December 2015. This shall however not result in fewer certificates being issued than would have been the case under the application of the Directive 2002/91/EC i in the Member State concerned. When Member States adopt  those  measures, they shall contain a reference to this Directive or be accompanied by such a reference on the occasion of their official publication. They shall also include a statement that references in existing laws, regulations and administrative provisions to  the  Directive 2002/91/EC i  repealed by this Directive  shall be construed as references to this Directive. Member States shall determine how such reference is to be made and how that statement is to be formulated.

• 2. 

  Member States shall communicate to the Commission the text of the main provisions of national law which they adopt in the field covered by this Directive.

Article 3329

Repeal

Directive  2010/31/EU  2002/91/EC, as amended by the Regulation  acts listed  indicated in Annex VIIIIV, Part A, is hereby repealed with effect from  […]  1 February 2012, without prejudice to the obligations of the Member States relating to the time limit  time-limits  for  the  transposition into national law and  the dates of  application of the Directive  Directives  set out in Annex VIIIIV, Part B.

References to  the repealed  Directive 2002/91/EC i shall be construed as references to this

Directive and shall be read in accordance with the correlation table in Annex IXV.

Article 3430

Entry into force

This Directive shall enter into force on the 20th  twentieth  day following  that of  its publication in the Official Journal of the European Union.

 Articles 4, 27, 28, 30, 31 and 33 to 35 and Annex IV shall apply from [the day after the date in the first subparagraph of Article 32].

Article 3531

Addressees

This Directive is addressed to the Member States.

Done at Brussels,

For the European Parliament For the Council

The President The President

 2010/31/EU ANNEX I

C OMMON GENERAL FRAMEWORK FOR THE CALCULATION OF ENERGY PERFORMANCE OF BUILDINGS

(referred to in Article 43)

 2018/844 Art. 1.14 and Annex .1(a) (adapted)  new

• 1. 

  The energy performance of a building shall be determined on the basis of calculated or actual  metered  energy use and shall reflect typical energy use for space heating, space cooling, domestic hot water, ventilation, built-in lighting and other technical building systems.  Member States shall ensure that the typical energy use is representative of actual operating conditions for each relevant typology and reflects the typical user behaviour. Where possible, typical energy use and typical user behaviour shall be based on available national statistics, building codes and metered data. 

   new  Council

Where metered energy is the basis for calculating the energy performance of buildings, the calculation methodology shall be capable of identifying the influence of the behaviour of occupants and the local climate, which shall not be reflected in the result of the calculation. Metered energy to be used for the purposes of calculating the energy performance of buildings shall require readings of at least  […]   monthly  intervals and must differentiate between energy carriers.

Member States may use metered energy consumption under typical operating conditions to verify the correctness of the calculated energy use and enable comparison between calculated and actual performance. Metered energy consumption for the purposes of verification and comparison may be based on monthly readings.

 2018/844 Art. 1.14 and Annex .1(a) (adapted)  new  Council

The energy performance of a building shall be expressed by a numeric indicator of primary energy

use  per unit of  […]   useful  floor area per year,  in kWh/(m 2 .y) for the purpose of

both energy performance certification and compliance with minimum energy performance requirements. The methodology applied for the determination of the energy performance of a building shall be transparent and open to innovation.

Member States shall describe their national calculation methodology  based on Annex A  following the national annexes of the  key European  overarching standards  on energy performance of buildings  , namely  EN  ISO 52000-1,  EN ISO  52003-1,  EN ISO  52010-1,  EN ISO  52016-1, and  EN ISO  52018-1,  EN 16798-1 and EN 17423 or superseding documents  developed under mandate M/480 given to the European Committee for Standardisation (CEN). This provision shall not constitute a legal codification of those standards.

 new Member States shall take the necessary measures to ensure that, where buildings are supplied by district heating or cooling systems, the benefits of such supply are recognised and accounted for in the calculation methodology through individually certified or recognised primary energy factors.

 2018/844 Art. 1.14 and Annex .1(b) (adapted)  new  Council

• 2. 

  The energy needs  and energy use  for space heating, space cooling, domestic hot water, ventilation, lighting and other technical building systems shall be calculated  using  monthly, hourly or sub-hourly time calculation intervals in order to account for varying conditions that significantly affect the operation and performance of the system and the indoor conditions, and  in order to optimise health, indoor air quality and comfort levels defined by Member States at national or regional level.

   new Where product-specific regulations for energy-related products adopted under Regulation 2009/125/EC include specific product information requirements for the purpose of the calculation of energy performance under this Directive, national calculation methods shall not require additional information.

   2018/844 Art. 1.14 and Annex .1(b) (adapted)  new  Council

The calculation of primary energy shall be based on primary energy factors, (distinguishing nonrenewable, renewable and total)  or weighting factors   or weighting factors per energy carrier, which  have to be recognised by the national authorities. Those primary energy factors  may be based on national, regional or local  information. Primary energy factors may be set on an  annual, and possibly also seasonal, or monthly,  daily or hourly basis  weighted averages or on more specific information made available for individual district  systems  system.

Primary energy factors or weighting factors shall be defined by Member States.  The choices made and data sources shall be reported according to EN 17423 or any superseding document. Member States may opt for an average EU primary energy factor for electricity established pursuant to Directive (EU) …/… [recast EED] instead of a primary energy factor reflecting the electricity mix in the country. 

In the application of those factors to the calculation of energy performance, Member States shall ensure that the optimal energy performance of the building envelope is pursued.

In the calculation of the primary energy factors for the purpose of calculating the energy performance of buildings, Member States may take into account renewable energy sources supplied through the energy carrier and renewable energy sources that are generated and used on-site, provided that it applies on a non-discriminatory basis.

 2018/844 Art. 1.14 and Annex .1(c) (adapted)  new

32a. For the purpose of expressing the energy performance of a building, Member States may define additional numeric indicators of total, non-renewable and renewable primary energy use, and

of  operational  greenhouse gas emission  emissions  produced in kgCO 2 eq/(m 2 .y).

 2010/31/EU (adapted) 43. The methodology shall be laid down taking into consideration at least the following aspects:

(a) the following actual thermal characteristics of the building including its internal

partitions:

(i) thermal capacity;

(ii) insulation;

(iii) passive heating;

(iv) cooling elements; and

(v) thermal bridges;

(b) heating installation and hot water supply, including their insulation characteristics;

(c) air-conditioning installations;

(d) natural and mechanical ventilation which may include air-tightness;

(e) built-in lighting installation (mainly in the non-residential sector);

(f) the design, positioning and orientation of the building, including outdoor climate;

(g) passive solar systems and solar protection; (h) indoor climatic conditions, including the designed indoor climate;

(i) internal loads.

 2018/844 Art. 1.14 and Annex .1(d) 54. The positive influence of the following aspects shall be taken into account:

 2010/31/EU (a) local solar exposure conditions, active solar systems and other heating and electricity systems based on energy from renewable sources;

(b) electricity produced by cogeneration;

(c) district or block heating and cooling systems;

(d) natural lighting.

• 65. 

  For the purpose of the calculation buildings should be adequately classified into the following categories:

  (a) single-family houses of different types;

  (b) apartment blocks;

  (c) offices;

  (d) educational buildings;

  (e) hospitals;

  (f) hotels and restaurants;

  (g) sports facilities;

  (h) wholesale and retail trade services buildings;

  (i) other types of energy-consuming buildings.

   new  Council ANNEX II

T EMPLATE FOR THE NATIONAL BUILDING RENOVATION PLANS

(referred to in Article 3)

EPBD Article 3 Mandatory Indicators Optional Indicators /  […]   Comments 

Number of buildings and total floor Number of buildings and total floor area

(a) Overview of the area (m2): (m 2 ):

national building stock — per building age

— per building type (including

public buildings and social — per building size

housing) — per climatic zone — per energy performance class — demolition (number and

— NZEB total floor area)

— worst-performing (including a definition)

Number of energy performance Number of energy performance certificates: certificates:

— per building type (including - per construction period public buildings)

— per energy performance class

ANNEX TREE.2.B EN

Annual renovation rates: number and total floor area (m 2 )

— per building type — to nearly zero-energy building levels — per renovation depth (weighted average renovation)

—  […]  Primary and final annual energy Reduction in energy costs (EUR)  Estimation can be used for the consumption (ktoe): per household (average) Energy savings indicator

• - 

  per building type - per end use

 […]  Primary energy  […]  Concerning the Share of

 use  of a building renewable energy in the building corresponding to the top 15% sector indicator, the following can

 Average primary energy use in (substantial contribution threshold) be refered to: kWh/(m2.y) for residential buildings  and the top 30% (do no significant - Total installed capacity from

harm threshold) of the national each renewable energy

Share of renewable energy in the building stock, as per the EU technology (MW), including from building sector (MW generated): Climate Taxonomy Delegated Act photovoltaic (rooftop, off grid)

• - 

  for different uses and biomass

   […]  Share of heating system in the - Total actual contribution (gross

   Energy savings (Ktoe): building sector per boiler/heating electricity generation) from each

  system type renewable energy technology in

  • - 

    residential

ANNEX TREE.2.B EN

• - 

  non-residential electricity (GWh), including from

• - 

  public bodies  photovoltaic (rooftop, off grid)

  and biomass

   Share of renewable energy in the

  building sector (MW generated): - Renewable energy use in

  buildings - on-site

  • - 

    off-site - Electricity and heat generation

    from renewable energy in

    buildings (ktoe) 

Annual greenhouse gas emissions  Indicators distinguished per ( kgCO2eq/(m 2 .y): building type (including public

 […]  buildings) 

— Annual greenhouse gas emission reduction

(kgCO2eq/(m 2 .y):  […] 

Market barriers and failures Market barriers and failures (description): (description):

— Split incentives — Administrative — Capacity of construction and — Financial

energy sector — Technical

— Awareness

ANNEX TREE.2.B EN

— Other

 […]   Number of: Evaluation  of the

capacities in the construction, energy — Energy service companies

efficiency and renewable energy sectors — construction companies

— architects and engineers — skilled workers — one-stop-shops — SMES in the construction/renovation sector

Projections of the construction workforce:

• - 

  Architects/engineers/skilled workers retired

• - 

  Architects/engineers/skilled workers entering the

  market - Young people in the sector - Women in the sector

Overview and forecast of the evolution of prices of construction materials and national market developments

ANNEX TREE.2.B EN

Energy poverty (definition):

— % of people affected by energy poverty

— proportion of disposable household income spent on energy

— population living in inadequate dwelling conditions (e.g. leaking roof) or with inadequate thermal comfort conditions

Primary energy factors:

— per energy carrier — non-renewable primary energy factor — renewable primary energy factor — total primary energy factor

Definition of nearly-zero energy an overview of the legal and building for new and existing buildings administrative framework

Cost-optimal minimum requirements for new and existing buildings

ANNEX TREE.2.B EN

(b) Roadmap for 2030, Targets for annual renovation rates: Targets for expected share (%) of

2040, 2050 number and total floor area (m 2 ): renovated buildings:

— per building type — per building type — worst-performing per renovation depth

Target for expected primary and final Share of energy from renewable annual energy consumption (ktoe): sources in the building sector (MW

— per building type generated)

— per end use Expected energy savings:

— per building type

Targets for expected greenhouse gas  Indicators distinguished per  Split between emissions emissions (kgCO2eq/(m2.y): building type (including public covered by Chapter III [stationary

 […]  buildings)  installations], Chapter IVa [new

Targets for expected greenhouse gas  […]  emissions trading for buildings

emission reduction (%):  […]  and road transport] of Directive

2003/87/EC, and other stock; 

Expected wider benefits Increase of GDP (share and billion

 […]  % reduction of people Euros)

affected by energy poverty -  Creation of new jobs 

ANNEX TREE.2.B EN

 Contribution to Member State's

binding national target for greenhouse gas emissions pursuant to [revised Effort Sharing

Regulation] 

 The Member State’s  contribution

to the Union’s energy efficiency targets  […] 

in accordance with  Article 4 of the  Directive (EU) …/…. [recast EED]

attributable to its building stock’s renovation (share and figure in ktoe

 […] 

 The Member State’s contribution   Contribution to the Union’s

to the Union’s renewable energy targets renewable energy targets in in accordance with Directive (EU) accordance with Directive (EU) 2018/2001 [amended RED] 2018/2001 [amended RED] (share,

 attributable to its building stock’s MW generated): renovation  (share, MW generated): — [against the overall target

for energy from renewable

—  […]  sources] 

ANNEX TREE.2.B EN

 Contribution to Union’s 2030

climate target and 2050 climate neutrality goal in accordance with Regulation (EU) 2021/1119 (share and figure in (kgCO2eq/(m2.y)):

• - 

  against the overall decarbonisation target 

(c) Overview of Policies and measures with regard Policies and measures with regard to the implemented and planned following elements: to the following elements:

policies and measures (a) the identification of cost-effective (a) the increase of climate

approaches to renovation for different resilience of buildings;

building types and climatic zones, (b) the promotion of the energy

considering potential relevant trigger services market;

points in the lifecycle of the building; (c) the increase of fire safety;

(d) the increase of resilience

(b) national minimum energy against disaster risks, including performance standards pursuant to risks related to intense seismic Article 9 and other policies and actions activity;

to target the worst-performing segments (e) the removal of hazardous

of the national building stock; substances including asbestos; and

(c) the promotion of deep renovation of (f) accessibility for persons with buildings, including staged deep disabilities.

renovation

(d) empowering and protecting  (fa) prevention and high-quality

ANNEX TREE.2.B EN

vulnerable customers and the alleviation treatment of construction and of energy poverty, including policies demolition waste in line with and measures pursuant to Article 22 of Directive 2008/98/EC i, notably as Directive (EU) …/… [recast EED], and regards the waste hierarchy, and the housing affordability; objectives of the circular economy;

(e) the creation of one-stop-shops or similar mechanisms for the provision of (fb) district and neighbourhood technical, administrative and financial approaches, including the role of advice and assistance; renewable energy communities and

(f) the decarbonisation of heating and citizen energy communities;

cooling, including through district

heating and cooling networks, and the (fc) addressing skills gaps and phase out of fossil fuels in heating and mismatches in human capacities 

coolingwith a view to a complete phaseout

 of fossil fuel boilers  by 2040 For all policies and measures: at the latest; - administrative resources and

(g) the promotion of renewable energy capacities sources in buildings in line with the - area(s) covered:

indicative target for the share of energy — worst-performing

from renewable sources in the building — minimum energy performance standards

sector set in Article 15a(1) of Directive — energy poverty, social

(EU) 2018/2001 [amended RED]; housing

— public buildings

(h) the reduction of whole life-cycle — residential (single-family,

ANNEX TREE.2.B EN

greenhouse gas emissions for the multi family)

construction, renovation, operation and — non-residential

end of life of buildings, and the uptake — industry

of carbon removals; — renewable energy sources

— phase-out of fossil fuels in

 […]  heating and cooling

(k) the improvement of buildings owned —

whole life-cycle greenhouse gas emissions

by public bodies, including policies and — circular economy and waste

measures pursuant to Articles 5, 6 and 7 — one-stop-shops

of the [recast EED]; — renovation passports

— smart technologies

(l) the promotion of smart technologies — sustainable mobility in

and infrastructure for sustainable buildings

mobility in buildings; — district and neighbourhood approaches

(m) addressing market barriers and — skills, training

market failures; — awareness campaigns and advisory tools

(n)  […]   promotion of skills and  education,  […]  in the

construction, sector and energy efficiency and renewable energy sectors; and

(o) awareness raising campaigns and other advisory tools.

ANNEX TREE.2.B EN

For all policies and measures:

— Name of policy or measure — Short description (precise scope, objective and modalities of operation) — Quantified objective — Type of policy or measure (such as legislative; economic; fiscal; training, awareness) — Planned budget and funding sources — Entities responsible for implementing the policy — Expected impact — Status of implementation — Date of entry into force — Implementation period

(d) Outline of the — Total investment needs for 2030, Secured budget

investment needs, the 2040, 2050 (million EUR)  Budgetary resources 

budgetary sources and the — Public investments (million EUR)

administrative resources — Private investments (million

EUR)

—  […] 

 (e) Thresholds of new —  Operational greenhouse gas

and renovated zeroemissions thresholds of new

zero-emission buildings emission buildings,

— Operational greenhouse gas

ANNEX TREE.2.B EN

referred to in Article 9b  emissions thresholds of

renovated zero-emission buildings

— Annual primary energy use thresholds of new zero-emission buildings

— Annual primary energy use thresholds of renovated zeroemission

buildings 

 (f) Minimum energy —  Maximum energy performance standards performance thresholds, in

for non residential accordance with Article 9(1) 

buildings 

 (g) Minimum energy —  The national trajectory, performance standards including the 2033 and 2040

for residential buildings milestones for average primary energy use in

 kWh/(m2.y), in accordance

with Article 9(2) 

ANNEX TREE.2.B EN

 new  Council

ANNEX III

R EQUIREMENTS FOR  THE   […]  CALCULATION OF LIFE - CYCLE GLOBAL WARMING POTENTIAL (GWP)

(referred to in  […]  Article 7)

 […] 

 […]  Calculation of life-cycle global warming potential (GWP) of new buildings pursuant to Article 7(2)

For the calculation of the life-cycle global warming potential (GWP) of new buildings pursuant to Article 7(2), the  total  GWP is communicated as a numeric indicator for each life-cycle stage expressed as kgCO2e/m2 (of useful floor area) averaged for one year of a reference study period of 50 years. The data selection, scenario definition and calculations shall be carried out in accordance with EN 15978 (EN 15978:2011). Sustainability of construction works. Assessment of environmental performance of buildings. Calculation method). The scope of building elements and technical equipment is as defined in the Level(s) common EU framework for indicator 1.2. Where a national calculation tool  or method  exists, or is required for making disclosures or for obtaining building permits, that tool  or method  may be used to provide the required disclosure. Other calculation tools  or methods  may be used if they fulfil the minimum criteria laid down by the Level(s) common EU framework. Data regarding specific construction products calculated in accordance with [revised Construction Products Regulation] shall be used when available.

 2018/844 Art. 1.14 and Annex .2 ANNEX IVIA

COMMON GENERAL FRAMEWORK FOR RATING THE SMART READINESS OF BUILDINGS

• 1. 

  The Commission shall establish the definition of the smart readiness indicator and a methodology by which it is to be calculated, in order to assess the capabilities of a building or building unit to adapt its operation to the needs of the occupant and of the grid and to improve its energy efficiency and overall performance.

The smart readiness 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 the regulation of indoor air temperature, built-in home appliances, recharging points for electric vehicles, energy storage and detailed functionalities and the interoperability of those 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 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 while paying due attention to the availability of user-friendliness, maintaining healthy

  indoor climate conditions and the 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:

  (d) the interoperability between systems (smart meters, building automation and control systems, built-in home appliances, self-regulating devices for the regulation of

  indoor air temperature within the building and indoor air quality sensors and ventilations); and

  (e) 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 multidwelling buildings, in accordance with Article 8 of Directive 2014/61 i/EU of the European Parliament and of the Council 1 .

• 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 smart readiness indicator parameter and shall be simple, transparent, and easily understandable for consumers, owners, investors and demand-response market participants.

1 Directive 2014/61 i/EU of the European Parliament and of the Council of 15 May 2014 on measures to reduce the cost of deploying high-speed electronic communications networks (OJ L 155, 23.5.2014, p. 1).

 new  Council

ANNEX V

T EMPLATE FOR ENERGY PERFORMANCE CERTIFICATES

(referred to in Article 16)

• 1. 

   […]   The  energy performance certificate shall display at least the following elements:

(a) the energy performance class;

(b) the calculated annual primary energy use in kWh/(m 2 year);

(c) the calculated annual primary energy consumption in kWh or MWh;

(d) the calculated annual final energy use in kWh/(m2 year);

(e) the calculated annual final energy consumption in kWh or MWh;

(f) renewable energy production in kWh or MWh;

(g) renewable energy in % of energy use;

(h) operational greenhouse gas emissions (kg CO2/(m 2 year));

(i) the greenhouse gas emission class (if applicable).

• 2. 

  In addition, the energy performance certificate may include the following indicators:

(a) energy use, peak load, size of generator or system, main energy carrier and main type of element for each of the uses: heating, cooling, domestic hot water, ventilation and in-built lighting;

(b) renewable energy produced on site, main energy carrier and type of renewable energy source;

(c) a yes/no indication whether a calculation of the Global Warming Potential has been carried out for the building;

(d) the value of the life-cycle Global Warming Potential (if available);

(e) information on carbon removals associated to the temporary storage of carbon in or on buildings;

 […]   (f)  a yes/no indication whether a renovation passport is available for the building;

 […]   (g)  the average U-value for the opaque elements of the building envelope;

 […]   (h)  the average U-value for the transparent elements of the building envelope;

 […]   (i)  type of most common transparent element (e.g. double glazed window);

 […]   (j)  results of the analysis on overheating risk (if available);

 […]   (k)  the presence of fixed sensors that monitor the levels of indoor air quality;

 […]   (l)  the presence of fixed controls that respond to the levels of indoor air quality;  […]   (m)  number and type of charging points for electric vehicles;

 […]   (n)  presence, type and size of energy storage systems;

 […]   (o)  feasibility of adapting the heating system to operate at more efficient temperature settings;

 […]   (p)  feasibility of adapting the air-conditioning system to operate at more efficient temperature settings;

 […]   (q)  metered energy consumption;

 […]   (r)  operational fine particulate matter (PM2.5) emissions.

The energy performance certificate may include the following links with other initiatives if these apply in the relevant Member State:

(a) a yes/no indication whether an smart readiness assessment has been carried out for the building;

(b) the value of the smart readiness assessment (if available);

(c) a yes/no indication whether a Digital Building Logbook is available for the building.

Persons with disabilities shall have equal access to the information in energy performance certificates.

 2010/31/EU (adapted) ANNEX VIII

I NDEPENDENT CONTROL SYSTEMS FOR ENERGY PERFORMANCE CERTIFICATES AND INSPECTION

REPORTS

 new 1. Definition of quality of energy performance certificate

Member States shall provide a clear definition of what is considered a valid energy performance certificate.

The definition of a valid energy performance certificate shall ensure:

 2010/31/EU (adapted)  1 2018/844 Art. 1.14 and Annex .3(a)  new

• 1. 

   1 The competent authorities or bodies to which the competent authorities have delegated the responsibility for implementing the independent control system shall make a random selection of all the energy performance certificates issued annually and subject them to verification. The sample shall be of a sufficient size to ensure statistically significant compliance results. 

The verification shall be based on the options indicated below or on equivalent measures:

(a)  a  validity check of the input data  (including on-site checks)  of the building

used to issue the energy performance certificate and the results stated in the certificate;

 new

(b) the validity of the calculations;

(c) a maximum deviation for the energy performance of a building, preferably expressed by

the numeric indicator of primary energy use (kWh/(m 2 year));

(d) a minimum number of elements differing from default or standard values.

 2010/31/EU (b) check of the input data and verification of the results of the energy performance certificate, including the recommendations made;

(c) full check of the input data of the building used to issue the energy performance certificate, full verification of the results stated in the certificate, including the recommendations made, and on-site visit of the building, if possible, to check correspondence between specifications given in the energy performance certificate and the

building certified.

• 2. 

  The competent authorities or bodies to which the competent authorities have delegated the responsibility for implementing the independent control system shall make a random selection of at least a statistically significant percentage of all the inspection reports issued annually and subject those reports to verification.

   new  Council

Member States may include additional elements in the definition of a valid energy performance certificate, such as maximum deviation for specific input data values.

• 2. 

  Quality of the control system for energy performance certificates

Member States shall provide a clear definition of the quality objectives and the level of statistical confidence that the energy performance certificate framework should achieve. The independent control system shall ensure at least 90% of valid issued energy performance certificates with a statistical confidence of 95% for the evaluated period, which shall not exceed one year.

The level of quality and the level of confidence shall be measured using random sampling and shall account for all elements provided in the definition of a valid energy performance certificate. Member States shall require third-party verification for the evaluation of at least 25% of the random sample when the independent control systems have been delegated to non-governmental bodies.

The validity of the input data shall be verified with information provided by the independent expert. Such information may include product certificates, specifications or building plans that include details on the performance of the different elements included in the energy performance certificate.

The validity of the input data shall be verified by on-site visits ,  which may be carried out by virtual means, where appropriate  in at least 10% of the energy performance certificates that are part of the random sampling used to assess the overall quality of the scheme.

In addition to the minimum random sampling to determine the overall level of quality, Member

States may use different strategies to specifically detect and target poor quality in energy performance certificates with the objective to improve the overall quality of the scheme. Such targeted analysis cannot be used as the basis to measure the overall quality of the scheme.

Member States shall deploy pre-emptive and reactive measures to ensure the quality of the overall energy performance certificate framework. Those measures may include additional training for independent experts, targeted sampling, obligation to re-submit energy performance certificates, proportional fines and temporary or permanent bans for experts.

Where information is added to a database it shall be possible for national authorities to identify the originator of the addition, for monitoring and verification purposes.

• 3. 

  Availability of energy performance certificates

The independent control system shall verify the availability of energy performance certificates to prospective buyers and tenants in order to ensure that it is possible to consider the energy performance of the building in their decision to buy or rent.

The independent control system shall verify the visibility of the energy performance indicator and class in advertising media.

• 4. 

  Treatment of building typologies

The independent control system shall account for different building typologies, particularly for those building typologies that are most prevalent in the real estate market, such as single residential, multi-residential, offices or retail.

• 5. 

  Public disclosure

Member States shall regularly publish, on the national database on energy performance certificates, at least the following information on the quality system:

(a) the definition of quality in energy performance certificates;

(b) quality objectives for the energy performance certificate scheme;

(c) results of the quality assessment, including number of certificates evaluated and relative size to the total number of issued certificates in the given period (per typology);

(d) contingency measures to improve the overall quality of energy performance certificates.

 2018/844 Art. 1.14 and Annex .3(b) 3. Where information is added to a database it shall be possible for national authorities to identify the originator of the addition, for monitoring and verification purposes.

 2010/31/EU (adapted)  new  Council

ANNEX VIIIII

C OMPARATIVE METHODOLOGY FRAMEWORK TO IDENTIFY COST - OPTIMAL LEVELS OF ENERGY

PERFORMANCE REQUIREMENTS FOR BUILDINGS AND BUILDING ELEMENTS

The comparative methodology framework shall enable Member States to determine the energy

 and emission  performance of buildings and building elements and the economic aspects of measures relating to the energy  and emission  performance, and to link them with a view to identifying the cost-optimal level.

The comparative methodology framework shall be accompanied by guidelines outlining how to apply this  that  framework in the calculation of cost-optimal performance levels.

The comparative methodology framework shall allow for taking into account use patterns, outdoor climate conditions   […]   including heat and cold waves   , investment costs, building category, maintenance and operating costs (including energy costs and savings), earnings from energy produced, where applicable,  environmental and health externalities of energy use,  and disposal  waste management  costs, where applicable. It should be based on relevant European standards relating to this Directive.

The Commission shall also provide:

– guidelines to accompany the comparative methodology framework; these  those  guidelines will serve to enable the Member States to undertake the steps listed below;,

– information on estimated long-term energy price developments.

For the application of the comparative methodology framework by Member States, general conditions, expressed by parameters, shall be laid down at Member State level.

The comparative methodology framework shall require Member States to:

– define reference buildings that are characterised by and representative of their functionality and geographic location, including indoor and outdoor climate conditions. The reference

buildings shall cover residential and non-residential buildings, both new and existing ones;,

– define energy efficiency measures to be assessed for the reference buildings. These

 Those  may be measures for individual buildings as a whole, for individual building elements, or for a combination of building elements;,

– assess the final and primary energy need  and resulting emissions  of the reference buildings and the reference buildings with the defined energy efficiency measures applied;,

– calculate the costs (i.e. the net present value) of the energy efficiency measures (as referred to in the second indent) during the expected economic lifecycle applied to the reference

buildings (as referred to in the first indent) by applying the comparative methodology framework principles.

By calculating the costs of the energy efficiency measures during the expected economic lifecycle, the cost-effectiveness of different levels of minimum energy performance requirements is assessed by the Member States. This  That  will allow the determination of cost-optimal levels of energy performance requirements.

 2010/31/EU (adapted) ANNEX VIIIIV

PART A

Repealed Directive with its successive amendment

(referred to in Article 29)

Directive 2002/91/EC i of the European Parliament and of the

Council (OJ L 1, 4.1.2003, p. 65)

Regulation (EC) No 1137/2008 i of the European Parliament only point 9.9 of the Annex and of the Council (OJ L 311, 21.11.2008, p. 1)

PART B

Time limits for transposition into national law and application

(referred to in Article 29)

Directive Time limit for Date of application transposition

only Part A

Repealed Directive with list of the successive amendments thereto

(referred to in Article 33) Directive 2010/31 i/EU of the European

Parliament and of the Council (OJ L 153, 18.6.2010, p. 13)

Directive (EU) 2018/844 of the European only Article 1 Parliament and of the Council (OJ L 156, 19.6.2018, p. 75)

Regulation (EU) 2018/1999 i of the only Article 53 European Parliament and of the Council (OJ L 328, 21.12.2018, p. 1) P ART B

Time-limits for transposition into national law and dates of application

(referred to in Article 33) Directive Time-limit for transposition Dates of application

2010/31/EU 9 July 2012 as far as Articles 2, 3, 9, 11, 12, 13, 17, 18, 20 and 27 are concerned, 9 January 2013;

as far as Articles 4, 5, 6, 7, 8, 14, 15 and 16 are concerned,

9 January 2013 with regard to buildings occupied by the

public authorities and 9 July 2013 with regard to other

buildings  2010/31/EU (adapted)

ANNEX IXV

Correlation table

Directive 2002/91/EC i This Directive  2010/31/EU 

Article 1 Article 1

Article 2, point (1) Article 2, point 1

— Article 2, point (2)

Article 2, point (2) Article 2, point (3)

— Article 2, points (4) and (5)

Article 2, points (3), (3a), (4) Article 2, point (6), (7), (8) and (9) and (5)

— Article 2, points (10), (11) and (12)

Article 2, points (6), (7), (8) Article 2, points (13), (14), (15) and (16) and (9)

— Article 2, points (17), (18), (19) and (20) Article 2, point (10) Article 2, point (21)

— Article 2, points (22), (23), (24), (25), (26) and (27)

Article 2, points (11), (12), Article 2, points (28), (29), (30) and (31)

• (13) 

  and (14)

— Article 2, points (32), (33), (34), (35), (36) and (37)

Article 2, point (15) Article 2, point (37)

Article 2, points (15), (15a), Article 2, points (38), (39), (40), (41), (42)

(15b), (15c), (16) and (17) and (43)

Article 2, point (18) —

Article 2, point (19) Article 2, point (44)

— Article 2, points (45), (46), (47), (48), (49), (50), (51), (52), (53), (54), (55), (56) and (57)

Article 2, point (20) —

Article 2a Article 3

Article 3 Article 4

Article 4 Article 5

Article 5 Article 6

Articles 6 and 9 Article 7

Article 7 Article 8

— Article 9

— Article 10

Article 8(1), (9) Article 11

Article 8(2) to (8) Article 12

Article 8(10), (11) Article 13

— Article 14

Article 10 Article 15

Article 11 Article 16 Article 12 Article 17

Article 13 Article 18

— Article 19

Articles 14 and 15 Article 20

Article 16 Article 21

Article 17 Article 22

— Article 23

Article 18 Article 24

Article 19 Article 25

Article 19a —

Article 20 Article 26

Article 21 Article 27

Article 22 Article 28 Article 23 Article 29

Article 26 Article 30

Article 27 Article 31

Article 28 Article 32

Article 29 Article 33

Article 30 Article 34

Article 31 Article 35

Annex I Annex I

— Annex II

— Annex III

Annex IA Annex IV

— Annex V

Annex II Annex VI

Annex III Annex VII

Annex IV Annex VIII Annex V Annex IX

Article 1 Article 1

Article 2, point (1) Article 2, point (1)

— Article 2, points (2) and (3)

Article 2, point (2) Article 2, point (4) and Annex I

— Article 2, points (5), (6), (7), (8), (9), (10) and (11)

Article 2, point (3) Article 2, point (12)

Article 2, point (4) Article 2, point (13)

— Article 2, point (14)

Article 2, point (5) Article 2, point (15)

Article 2, point (6) Article 2, point (16)

Article 2, point (7) Article 2, point (17)

Article 2, point (8) Article 2, point (18)

— Article 2, point (19)

Article 3 Article 3 and Annex I

Article 4(1) Article 4(1)

Article 4(2) —

Article 4(3) Article 4(2)

— Article 5

Article 5 Article 6(1)

— Article 6(2) and (3)

Article 6 Article 7

— Articles 8, 9 and 10

Article 7(1) first subparagraph Article 11(8) and Article 12(2)

Article 7(1) second Article 11(6) subparagraph

Article 7(1) third subparagraph Article 12(6)

Article 7(2) Article 11(1) and (2)

— Article 11(3), (4), (5), (7) and (9)

— Article 12(1), (3), (4), (5) and (7)

Article 7(3) Article 13(1) and (3)

— Article 13(2)

Article 8, point (a) Article 14(1) and (3)

— Article 14(2)

Article 8, point (b) Article 14(4)

— Article 14(5)

Article 9 Article 15(1)

— Article 15(2), (3), (4) and (5)

— Article 16

Article 10 Article 17 — Article 18

Article 11, introductory Article 19 wording

Article 11, points (a) and (b) —

Article 12 Article 20(1) and Article 20(2) second subparagraph

— Article 20(2) first subparagraph and Article 20(3) and (4)

— Article 21

Article 13 Article 22

— Articles 23, 24 and 25

Article 14(1) Article 26(1)

Article 14(2) and (3) —

— Article 26(2)

— Article 27

Article 15(1) Article 28

Article 15(2) —

— Article 29

Article 16 Article 30

Article 17 Article 31

Annex Annex I

— Annexes II to V