Note sur la directive efficacité énergétique

8/2/2019 Note sur la directive efficacit nergtique

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NOTE DES AUTORITS FRANAISES

Objet : Proposition damendements des autorits franaises concernant la proposition de directive relative lefficacit nergtique

Les autorits franaises souhaitent porter la connaissance de la prsidence danoise leurs propositions damendements aux deux documents 7127/12 et7127/12/ADD 1, qui figurent en annexe (en gris). Ces propositions nont pas vocation tre exhaustives et les autorits franaises pourront utilement les complter ultrieurement.


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ANNEXE

Proposal for aDIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

on energy efficiency and repealing Directives 2004/8/EC and 2006/32/EC

COMMISSION PROPOSAL ITRE OPINION1 PRESIDENCY SUGGESTIONS

(1) The Union is facing unprecedented challenges resultingfrom increased dependence on energy imports and scarceenergy resources, and the need to limit climate change and toovercome the economic crisis. Energy efficiency is a valuablemeans to address these challenges. It improves the Union'ssecurity of supply by reducing primary energy consumptionand decreasing energy imports. It helps to reduce greenhousegas emissions in a cost-effective way and thereby to mitigateclimate change. Shifting to a more energy-efficient economyshould also accelerate the spread of innovative technologicalsolutions and improve the competitiveness of industry in theUnion, boosting economic growth and creating high quality

jobs in several sectors related to energy efficiency.

(1) The Union is facing unprecedented challengesresulting from increased dependence on energyimports and scarce energy resources, and the need tolimit climate change and to overcome the economiccrisis. Energy efficiency is a valuable means toaddress these challenges. It improves the Union'ssecurity of supply by reducing

primary f

inal energyconsumption and decreasing energy imports. It helpsto reduce greenhouse gas emissions in a cost-effectiveway and thereby to mitigate climate change. Shiftingto a more energy-efficient economy should alsoaccelerate the spread of innovative technologicalsolutions and improve the competitiveness of industryin the Union, boosting economic growth and creatinghigh quality jobs in several sectors related to energyefficiency.

(2) The Presidency Conclusions of the European Councilof 8 and 9 March 2007 emphasized the need to increase energyefficiency in the Union to achieve the objective of saving 20%of the Unions primary energy consumption by 2020 comparedto projections. This amounts to a reduction of the Union's

primary energy consumption of 368 Mtoe in 2020 2.

(2) The []Conclusions of the European Councilof 8 and 9 March 2007 emphasized the need toincrease energy efficiency in the Union to achieve theobjective of saving 20% of the Unions

primary f

inalenergy consumption by 2020 compared to projections.The conclusions of the European Council of

4

February 2011

emphasized that the 2020 20%

energy efficiency target as agreed by the June 2010

European Council, which is presently not on track,

must be delivered. Projections made in 2007

1 Provisional text of compromise amendments voted on 28 February 20122 Projections made in 2007 showed a primary energy consumption in 2020 of 1842 Mtoe. A 20% reduction results in 1474 Mtoe in 2020, i.e. a reduction of 368

Mtoe as compared to projections.


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showed a

primary final

energy consumption in 2020

of 1842 Mtoe. A 20% reduction results in 1474

Mtoe in 2020, i.e. a reduction of 368 Mtoe as

compared to projections. Commentaires : ceconsidrant devrait tre mis en cohrence avec les rsultatsdu dbat sur larticle 3.

(3) The Presidency Conclusions of the European Councilof 17 June 2010 confirmed the energy efficiency target as oneof the headline targets of the Union's new strategy for jobs andsmart, sustainable and inclusive growth (Europe 2020Strategy). Under this process and in order to implement thisobjective at national level, Member States are required to setnational targets in close dialogue with the Commission and toindicate, in their National Reform Programmes, how theyintend to achieve them.

(3) The []Conclusions of the European Councilof 17 June 2010 confirmed the energy efficiency targetas one of the headline targets of the Union's newstrategy for jobs and smart, sustainable and inclusivegrowth (Europe 2020 Strategy). Under this processand in order to implement this objective at nationallevel, Member States are required to set nationaltargets in close dialogue with the Commission and toindicate, in their National Reform Programmes, howthey intend to achieve them.

(4)The Commission Communication on Energy 2020 3 placesenergy efficiency at the core of the EU energy strategy for 2020

and outlines the need for a new energy efficiency strategy thatwill enable all Member States to decouple energy use fromeconomic growth.

(4) The Commission Communication on Energy2020 [] places energy efficiency at the core of the EU

energy strategy for 2020 and outlines the need for anew energy efficiency strategy that will enable allMember States to decouple energy use from economicgrowth.

(5) In its Resolution of 15 December 2010 on theRevision of the Energy Efficiency Action Plan 4, theEuropean Parliament called on the Commission toinclude in its revised Energy Efficiency Action Planmeasures to close the gap to reach the overall EUenergy efficiency objective in 2020.

(5) In its Resolution of 15 December 2010 on theRevision of the Energy Efficiency Action Plan [],the European Parliament called on the Commission toinclude in its revised Energy Efficiency Action Planmeasures to close the gap to reach the overall EUenergy efficiency objective in 2020.

(6) One of the flagship initiatives of the Europe2020 Strategy is the resource-efficient Europe

(6) One of the flagship initiatives of the Europe

2020 Strategy is the resource-efficient Europe flagshipadopted by the Commission on 26 January 2011 [].

3 COM/2010/0639 final.4 2010/2107(INI).


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flagship adopted by the Commission on 26 January2011 5. This identifies energy efficiency as a major element in ensuring the sustainability of the use of energy resources.

This identifies energy efficiency as a major element inensuring the sustainability of the use of energyresources.

(7) The Presidency Conclusions of the European

Council of 4 February 2011 acknowledged that theEU energy efficiency target is not on track and thatdetermined action is required to tap the considerable

potential for higher energy savings in buildings,transport, products and processes.

(7) The Presidency Conclusions of the EuropeanCouncil of 4 February 2011 acknowledged that the EUenergy efficiency target is not on track and thatdetermined action is required to tap the considerable

potential for higher energy savings in buildings,transport, products and processes.

(8) On 8 March 2011, the Commission adopted theEnergy Efficiency Plan 2011 6. This confirmed that theUnion is not on track to achieve its energy efficiencytarget. To remedy this, it spelled out a series of energy efficiency policies and measures covering thefull energy chain, including energy generation,transmission and distribution; the leading role of the

public sector in energy efficiency; buildings andappliances; industry; and the need to empower finalcustomers to manage their energy consumption.Energy efficiency in the transport sector wasconsidered in parallel in the White Paper onTransport, adopted on 28 March 2011 7. In particular,Initiative 26 of the White Paper calls for appropriatestandards for CO 2 emissions of vehicles in all modes,where necessary supplemented by requirements onenergy efficiency to address all types of propulsionsystems.

(8) On 8 March 2011, the Commission adopted itsCommunication on anEnergy Efficiency Plan2011 []. This confirmed that the Union is not ontrack to achieve its energy efficiency target. Toremedy this, it spelled out a series of energy efficiency

policies and measures covering the full energy chain,

including energy generation, transmission anddistribution; the leading role of the public sector inenergy efficiency; buildings and appliances; industry;and the need to empower final customers to managetheir energy consumption. Energy efficiency in thetransport sector was considered in parallel in theWhite Paper on Transport, adopted on 28 March2011 []. In particular, Initiative 26 of the WhitePaper calls for appropriate standards for CO 2emissions of vehicles in all modes, where necessarysupplemented by requirements on energy efficiency toaddress all types of propulsion systems.

(9) On 8 March 2011, the Commission alsoadopted a Roadmap for moving to a competitive low

(9) On 8 March 2011, the Commission alsoadopted a Roadmap for moving to a competitive lowcarbon economy in 2050

[], identifying the need5 COM(2011)21.6 COM(2011) 109 final.7 COM(2011) 144 final.


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carbon economy in 2050 8, identifying the need fromthis perspective for more focus on energy efficiency.

from this perspective for more focus on energyefficiency.

(10) In this context it is necessary to update theUnion's legal framework for energy efficiency with aDirective pursuing the overall objective of the energy

efficiency target of saving 20% of the Unions primary energy consumption by 2020, and of makingfurther energy efficiency improvements after 2020.To this end, it should establish a common framework to promote energy efficiency within the Union andlay down specific actions to implement some of the

proposals included in the Energy Efficiency Plan2011 and achieve the significant unrealised energysaving potentials it identifies.

(10) In this context it is necessary to update theUnion's legal framework for energy efficiency with aDirective pursuing the overall objective of the energyefficiency target of saving 20% of the Unions

primary f

inal energy consumption by 2020, and of making further energy efficiency improvements after 2020. To this end, it should establish a commonframework to promote energy efficiency within theUnion and lay down specific actions to implementsome of the proposals included in the EnergyEfficiency Plan 2011 adopted by the Council on 10June 2011and achieve the significant unrealisedenergy saving potentials it identifies.

(11) The Effort Sharing Decision (No406/2009/EC) 9 requires the Commission to assess andreport by 2012 on the progress of the Community andits Member States towards the objective of reducingenergy consumption by 20% by 2020 compared to

projections. It also states that, to help Member Statesmeet the Communitys greenhouse gas emissionreduction commitments, the Commission should

propose, by 31 December 2012, strengthened or newmeasures to accelerate energy efficiencyimprovements. This Directive responds to thisrequirement. It also contributes to meeting the goalsset out in the Roadmap for moving to a competitivelow carbon economy in 2050, notably by reducing

(11) []Decision No 406/2009/EC 10 requires theCommission to assess and report by 2012 on the

progress of the Community and its Member Statestowards the objective of reducing energy consumption by 20% by 2020 compared to projections. It also statesthat, to help Member States meet the Communitysgreenhouse gas emission reduction commitments, theCommission should propose, by 31 December 2012,strengthened or new measures to accelerate energyefficiency improvements. This Directive responds tothis requirement. It also contributes to meeting thegoals set out in the Roadmap for moving to acompetitive low carbon economy in 2050, notably byreducing greenhouse gas emissions from the energy

sector, and to achieving zero emission electricity

8 COM(2011) 112 final9 OJ L 140, 5.6.2009, p.136.10 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 Communitys greenhouse gas emission reduction commitments up to 2020 (OJ L 140, 5.6.2009, p.136 ).


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greenhouse gas emissions from the energy sector, andto achieving zero emission electricity production by2050.

production by 2050.

(12) An integrated approach must be taken to tap allthe existing energy saving potential, encompassing

savings in the energy supply and the end-use sectors.At the same time, the provisions of Directive2004/8/EC on promotion of cogeneration based on auseful heat demand in the internal energy market 11

and Directive 2006/32/EC on energy end-useefficiency and energy services 12 should bestrengthened.

(12) An integrated approach has to be taken to tapall the existing energy saving potential, encompassingsavings in the energy supply and the end-use sectors.At the same time, the provisions of Directive2004/8/EC on promotion of cogeneration based on auseful heat demand in the internal energy market 13 andDirective 2006/32/EC on energy end-use efficiencyand energy services 14 should be strengthened.

(13) It would be preferable for the 20% energy efficiencytarget to be achieved as a result of the cumulativeimplementation of specific national and European measures

promoting energy efficiency in different fields. If that approach

does not succeed, it would however be necessary to reinforcethe policy framework by adding a system of binding targets. Ina first stage, therefore, Member States should be required to setnational energy efficiency targets, schemes and programmes. Itshould be for them to decide whether these targets should be

binding or indicative in their territory. In a second stage, thesetargets and the individual efforts of each Member State should

be evaluated by the Commission, alongside data on the progress made, to assess the likelihood of achieving the overallUnion target and the extent to which the individual efforts aresufficient to meet the common goal. The Commission shouldtherefore closely monitor the implementation of national

energy efficiency programmes through its revised legislativeframework and within the Europe 2020 process. If thisassessment shows that the overall Union target is unlikely to be

(13) It would be preferable for the 20% energyefficiency target to be achieved as a result of thecumulative implementation of specific national andEuropean measures promoting energy efficiency in

different fields. []Member States should berequired to set indicative national energy efficiencytargets, schemes and programmes. [] These targetsand the individual efforts of each Member Stateshould be evaluated by the Commission, alongsidedata on the progress made, to assess the likelihood of achieving the overall Union target and the extent towhich the individual efforts are sufficient to meet thecommon goal. The Commission should thereforeclosely monitor the implementation of national energyefficiency programmes through its revised legislativeframework and within the Europe 2020 process. [].

When setting the indicative national energyefficiency targets, Member States should be able totake account of national circumstances affecting

11 OJ L 52, 21.2.2004, p. 50.12 OJ L 144, 27.4.2008, p. 64.13 OJ L 52, 21.2.2004, p. 50.14 OJ L 144, 27.4.2008, p. 64.


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achieved, then the Commission should propose mandatorynational targets for 2020, taking into account the individualstarting points of Member States, their economic performanceand early action taken.

primary energy consumption such as remainingcost-effective energy-saving potential, changes of energy imports and exports, development of allsources of renewable energies, nuclear energy,carbon capture and storage (CCS), and earlyaction.(13a) Directive 2009/28/EC on renewable energysources states that Cyprus and Malta, due to theirinsular and peripheral character, rely on aviationas a mode of transport, which is essential for theircitizens and their economy. As a result, Cyprus andMalta have a gross final consumption of energy innational air transport which is disproportionallyhigh, i.e. more than three times the Communityaverage in 2005, and are thus disproportionatelyaffected by the current technological andregulatory constraints.

(14) The total volume of public spending isequivalent to 19% of the Union's gross domestic

product. For this reason the public sector constitutesan important driver to stimulate markettransformation towards more efficient products,

buildings and services, as well as to trigger behavioural changes in energy consumption bycitizens and enterprises. Furthermore, decreasingenergy consumption through energy efficiencyimprovement measures can free up public resourcesfor other purposes. Public bodies at national, regionaland local level should fulfil an exemplary role asregards energy efficiency.

(14) The total volume of public spending is

equivalent to 19% of the Union's gross domestic product. For this reason the public sector constitutesan important driver to stimulate market transformationtowards more efficient products, buildings andservices, as well as to trigger behavioural changes inenergy consumption by citizens and enterprises.Furthermore, decreasing energy consumption throughenergy efficiency improvement measures can free up

public resources for other purposes. Public bodies atnational, regional and local level should fulfil anexemplary role as regards energy efficiency.

(15) The rate of building renovation needs to beincreased, as the existing building stock represents thesingle biggest potential sector for energy savings.Moreover, buildings are crucial to achieving the EUobjective of reducing greenhouse gas emissions by80-95% by 2050 compared to 1990. Buildings owned

(15) The rate of building renovation needs to beincreased, as the existing building stock represents thesingle biggest potential sector for energy savings.Moreover, buildings are crucial to achieving theUnionobjective of reducing greenhouse gas emissions

by 80-95% by 2050 compared to 1990. Buildings


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by public bodies account for a considerable share of the building stock and have high visibility in publiclife. It is therefore appropriate to set an annual rate of renovation of all buildings owned by public bodies toupgrade their energy performance. This renovationrate should be without prejudice to the obligations

with regard to nearly-zero energy buildings set inDirective 2010/31/EU of the European Parliamentand of the Council of 19 May 2010 on the energy

performance of buildings 15. The obligation torenovate public buildings complements the provisionsof that Directive, which requires Member States toensure that when existing buildings undergo major renovation their energy performance is upgraded sothat they meet minimum energy performancerequirements.

owned by public bodies account for a considerableshare of the building stock and have high visibility in

public life. It is therefore appropriate to set an annualrate of renovation of []buildings owned by centralgeneral governmentto upgrade their energy

performance. This renovation rate should be without prejudice to the obligations with regard to nearly-zeroenergy buildings set in Directive 2010/31/EU of theEuropean Parliament and of the Council of 19 May2010 on the energy performance of buildings 16. Theobligation to renovate central general government

buildings complements []that Directive, whichrequires Member States to ensure that when existing

buildings undergo major renovation their energy performance is upgraded so that they meet minimumenergy performance requirements. It is appropriatefor Member States to be able to take alternativecost-efficient measures to achieve an equivalent

improvement of the energy performance of thebuildings within theircentral general governmentestate. European Union institutions should lead byexample in relation to their buildings.

(16) A number of municipalities and other public bodies in the Member States have already put into place integrated approaches to energy saving andenergy supply, for example via sustainable energyaction plans, such as those developed under theCovenant of Mayors initiative, and integrated urbanapproaches which go beyond individual interventionsin buildings or transport modes. Member Statesshould encourage municipalities and other public

bodies to adopt integrated and sustainable energyefficiency plans with clear objectives, to involvecitizens in their development and implementation and

(16) A number of municipalities and other public bodies in the Member States have already put into place integrated approaches to energy saving andenergy supply, for example via sustainable energyaction plans, such as those developed under theCovenant of Mayors initiative, and integrated urbanapproaches which go beyond individual interventionsin buildings or transport modes. Member States should

encourage municipalities and other public bodies toadopt integrated and sustainable energy efficiency

plans with clear objectives, to involve citizens in their development and implementation and to adequatelyinform them about their content and progress in

15 OJ L 153, 18.6.2010, p. 13.16 OJ L 153, 18.6.2010, p. 13.


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to adequately inform them about their content and progress in achieving objectives. Such plans can yieldconsiderable energy savings, especially if they areimplemented by energy management systems thatallow the concerned public bodies to better managetheir energy consumption. Exchange of experience

between cities, towns and other public bodies should be encouraged with respect to the more innovativeexperiences.

achieving objectives. Such plans can yieldconsiderable energy savings, especially if they areimplemented by energy management systems thatallow the concerned public bodies to better managetheir energy consumption. Exchange of experience

between cities, towns and other public bodies should be encouraged with respect to the more innovativeexperiences.

(17) With regards to the purchase of certain products and services and the purchase and rent of buildings, public bodies which conclude publicworks, supply or service contracts should lead byexample and make energy efficient purchasingdecisions. The provisions of the EU public

procurement directives should not however beaffected.

(17) With regards to the purchase of certain products and services and the purchase and rent of buildings, public bodies which conclude public works,supply or service contracts should lead by exampleand make energy efficient purchasing decisions. The

provisions of the Union'spublic procurementdirectives should not however be affected.

(18) An assessment of the possibility of establishinga "white certificate" scheme at Union level has shownthat, in the current situation, such a system wouldcreate excessive administrative costs and that there isa risk that energy savings would be concentrated in anumber of Member States and not introduced acrossthe Union. The latter objective can better be achieved,at least at this stage, by means of national energyefficiency obligation schemes or other alternativemeasures that achieve the same amount of energysavings. The Commission should however define, bya delegated act, the conditions under which a Member State could in future recognise the energy savingsachieved in another Member State. It is appropriatefor the level of ambition of such schemes to beestablished in a common framework at Union levelwhile providing significant flexibility to Member States to take full account of the national organisation

(18) An assessment of the possibility of establishing a "white certificate" scheme atUnion level has shown that, in the currentsituation, such a system would createexcessive administrative costs and thatthere is a risk that energy savings would beconcentrated in a number of Member Statesand not introduced across the Union. Thelatter objective can better be achieved, atleast at this stage, by means of nationalenergy efficiency obligation schemes or

other alternative policy measures thatachieve the same amount of energysavings. [] It is appropriate for the level of ambition of such schemes to be establishedin a common framework at Union level whileproviding significant flexibility to MemberStates to take full account of the national


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of market actors, the specific context of the energysector and final customers' habits. The commonframework should give energy utilities the option of offering energy services to all final customers, notonly to those to whom they sell energy. This increasescompetition in the energy market because energy

utilities can differentiate their product by providingcomplementary energy services. The commonframework should allow Member States to includerequirements in their national scheme that pursue asocial aim, notably in order to ensure that vulnerablecustomers have access to the benefits of higher energy efficiency. It should also allow Member Statesto exempt small companies from the energyefficiency obligation. The CommissionCommunication Small Business Act 17 sets out

principles that should be taken into account byMember States that decide to abstain from applying

this possibility.

organisation of market actors, the specificcontext of the energy sector and finalcustomers' habits. The common frameworkshould give energy utilities the option of offering energy services to all finalcustomers, not only to those to whom theysell energy. This increases competition inthe energy market because energy utilitiescan differentiate their product by providingcomplementary energy services. Thecommon framework should allow MemberStates to include requirements in theirnational scheme that pursue a social aim,notably in order to ensure that vulnerablecustomers have access to the benefits of higher energy efficiency. [] It isappropriate for Member States todetermine, on the basis of objective

and non-discriminatory criteria, whichenergy distributors or retail energysales companies should be obliged toachieve the end-use energy savingstarget set by this Directive. MemberStates may in particular choose not toimpose this obligation on small energydistributors and small retail energysales companies to avoiddisproportionate administrativeburden. The Commission CommunicationSmall Business Act 18 sets out principlesthat should be taken into account byMember States that decide to abstain fromapplying this possibility. As a way tosupport national energy efficiency

17 COM(2008)394 Final.18 COM(2008)394 Final.


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initiatives, obligated parties undernational energy efficiency obligationschemes could fulfill their obligationsby contributing annually to an EnergyEfficiency National Fund an equalamount to the investments requiredunder the scheme.(18a) The requirement to achieve savings of 1.5%of the annual energy sales to final customersrelative to what energy sales would have been doesnot constitute a cap on sales or energyconsumption.

(19) To tap the energy savings potential in certainmarket segments where energy audits are generallynot offered commercially (such as households or small and medium-sized enterprises), Member Statesshould ensure that energy audits are available. Energyaudits should be mandatory and regular for largeenterprises, as energy savings can be significant.

(19) To tap the energy savings potential in certainmarket segments where energy audits are generallynot offered commercially (such as []small andmedium-sized enterprises (SMEs)), Member Statesshould develop programmes to encourage SMEs toundergo energy audits. Energy audits should be

mandatory and regular for large enterprises, as energysavings can be significant. Audits should take intoaccount relevant European Standards. At the timeof the adoptioun of this Directive a specificEuropean standard on energy audits is underdevelopment.

(20) These audits should be carried out in an independentand cost-effective manner. The requirement for independenceallows the audits to be carried out by in-house experts,

provided that these are qualified or accredited, that they are notdirectly engaged in the activity audited, and that the Member State has put in place a scheme to assure and check their qualityand to impose sanctions if needed.

(20) []

(21) When designing energy efficiencyimprovement measures, account should be taken of efficiency gains and savings obtained through thewidespread application of cost-effective technologicalinnovations such as smart meters. To maximise thesaving benefits of these innovations, final customers

(21) When designing energy efficiencyimprovement measures, account should be taken of efficiency gains and savings obtained through thewidespread application of cost-effective technologicalinnovations such as smart meters. []


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should be able to visualise indicators of cost andconsumption and have regular individual billing

based on actual consumption.

(21a) In relation to electricity, and in accordancewith Directive 2009/72/EC, where the roll-out of smart meters is assessed positively, at least 80% of consumers should be equipped with intelligentmetering systems by 2020. In relation to gas, and inaccordance with Directive 2009/73/EC, where theroll-out of intelligent metering systems is assessedpositively, Member States or any competentauthority they designate, should prepare atimetable for the implementation of intelligentmetering systems.(21b) Use of individual meters or heat costallocators for measuring individual consumption of heating in multi-apartment buildings supplied by

district heating or common central heating isbeneficial when final customers have means tocontrol their own individual consumption.Therefore, their application makes sense only inbuildings where radiators are equipped withthermostatic radiator valves.(21c) In some multi-apartment buildingssupplied by district heating or common centralheating, the use of accurate individual heat meterswould be technically complicated and costly due tothe fact that the hot water used for heating entersand leaves the apartments at several points. It can

be assumed that individual metering of heatconsumption in multi-apartment buildings is,nevertheless, technically possible when theinstallation of individual meters would not requirechanging the existing in-house piping for hot waterheating in the building. In such buildings,measurements of individual heat consumption can


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then be carried out by means of individual heatcost allocators installed on each radiator.

(22) When designing energy efficiencyimprovement measures, Member States should takedue account of the need to ensure the correctfunctioning of the internal market and the coherent

implementation of the acquis, in accordance with the provisions of the Treaty on the Functioning of theEuropean Union.

(22) When designing energy efficiencyimprovement measures, Member States should takedue account of the need to ensure the correctfunctioning of the internal market and the coherentimplementation of the acquis, in accordance with []the Treaty on the Functioning of the European Union.

(23) High-efficiency cogeneration (CHP) anddistrict heating and cooling has significant potentialfor saving primary energy which is largely untappedin the Union. Member States should draw up national

plans to develop high-efficiency CHP and districtheating and cooling. These plans should cover asufficiently long period to provide investors withinformation concerning national development plans

and contribute to a stable and supportive investmentenvironment. New electricity generation installationsand existing installations which are substantiallyrefurbished or whose permit or licence is updatedshould be equipped with high-efficient CHP units torecover waste heat stemming from the production of electricity. This waste heat could then be transportedwhere it is needed through district heating networks.To this end, Member States should adoptauthorisation criteria to ensure the location of installations in sites close to heat demand points.Member States should however be able to lay downconditions for exemption from these obligationswhere certain conditions are met.

(23) High-efficiency cogeneration (CHP) anddistrict heating and cooling has significant potentialfor saving primary energy which is largely untappedin the Union. Member States should carry out acomprehensive assessment of the potential forhigh-efficiency CHP and district heating and cooling. Theseassessmentsshould be updated on request by theCommissionto provide investors with information

concerning national development plans and contributeto a stable and supportive investment environment. New electricity generation installations and existinginstallations which are substantially refurbished or whose permit or licence is updated should , subject toa cost-benefit analysis showing a cost-benefitsurplus, be equipped with high-efficient CHP units torecover waste heat stemming from the production of electricity. This waste heat could then be transportedwhere it is needed through district heating networks.[]The events that trigger a requirement for theseauthorisation criteria to be applied will generally

be events that also trigger requirements forpermits under the Industrial Emissions Directive2010/75/EU and for authorisation under theElectricity Directive 2009/72/EC.(23a) It may be appropriate for nuclear powerinstallations, or electricity generation installationsthat are intended to make use of geological storage


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permitted under Directive 2009/31/EC, to belocated in places where the recovery of waste heatthrough high-efficiency cogeneration or bysupplying a district heating or cooling network isnot cost-effective. Member States should thereforebe able to exempt those installations from theobligation to carry out a cost-benefit analysis forproviding the installation with equipment allowingthe recovery of waste heat by means of a high-efficiency cogeneration unit. Likewise peak-loadand back-up electricity generation installationswhich are planned to operate under 1 500operating hours per year as a rolling average overa period of five years may need to be exemptedfrom the requirement to also provide heat.

(24) High-efficiency cogeneration should be defined by the energy savings obtained by combined production instead of separate production of heat and

electricity. The definitions of cogeneration and high-efficiency cogeneration used in Union legislationshould not prejudge the use of different definitions innational legislation for purposes other than those of the Union legislation. To maximise energy savingsand avoid energy saving opportunities being missed,the greatest attention should be paid to the operatingconditions of cogeneration units.

(24) High-efficiency cogeneration should bedefined by the energy savings obtained by combined

production instead of separate production of heat and

electricity. The definitions of cogeneration and high-efficiency cogeneration used in Union legislationshould not prejudge the use of different definitions innational legislation for purposes other than those of the Union legislation. To maximise energy savingsand avoid energy saving opportunities being missed,the greatest attention should be paid to the operatingconditions of cogeneration units.

(25) To increase transparency for the final customer to be able to choose between electricity fromcogeneration and electricity produced by other techniques, the origin of high-efficiency cogenerationshould be guaranteed on the basis of harmonisedefficiency reference values. Guarantee of originschemes do not by themselves imply a right to benefitfrom national support mechanisms. It is importantthat all forms of electricity produced from high-efficiency cogeneration can be covered by guarantees

(25) To increase transparency for the finalcustomer to be able to choose between electricity fromcogeneration and electricity produced by other

techniques, the origin of high-efficiency cogenerationshould be guaranteed on the basis of harmonisedefficiency reference values. Guarantee of originschemes do not by themselves imply a right to benefitfrom national support mechanisms. It is important thatall forms of electricity produced from high-efficiencycogeneration can be covered by guarantees of origin.


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of origin. Guarantees of origin should bedistinguished from exchangeable certificates.

Guarantees of origin should be distinguished fromexchangeable certificates.

(26) The specific structure of the cogeneration anddistrict heating and cooling sectors, which includemany small and medium-sized producers, should be

taken into account, especially when reviewing theadministrative procedures for obtaining permission toconstruct cogeneration capacity or associatednetworks, in application of the "Think Small First"

principle.

(26) The specific structure of the cogeneration anddistrict heating and cooling sectors, which includemany small and medium-sized producers, should betaken into account, especially when reviewing theadministrative procedures for obtaining permission toconstruct cogeneration capacity or associatednetworks, in application of the "Think Small First"

principle.

(27) Most EU businesses are small and medium-sized enterprises (SMEs). They represent anenormous energy saving potential for the EU. To helpthem adopt energy efficiency measures, Member States should establish a favourable framework aimedat providing SMEs with technical assistance and

targeted information.

(27) Most Unionbusinesses are []SMEs [].They represent an enormous energy saving potentialfor the Union. To help them adopt energy efficiencymeasures, Member States should establish afavourable framework aimed at providing SMEs withtechnical assistance and targeted information.

(28) Directive 2010/75/EU of the EuropeanParliament and of the Council of 24 November 2010on industrial emissions 19 includes energy efficiencyamong the criteria for determining the Best AvailableTechniques that should serve as a reference for settingthe permit conditions for installations within itsscope, including combustion installations with a totalrated thermal input of 50 MW or more. However, thatDirective gives Member States the option not toimpose requirements relating to energy efficiency oncombustion units or other units emitting carbondioxide on the site, for the activities listed in Annex Ito Directive 2003/87/EC of the European Parliamentand of the Council of 13 October 2003 establishing ascheme for greenhouse gas emission allowancetrading within the Community 20. To ensure thatsignificant energy efficiency improvements are

(28) Directive 2010/75/EU of the EuropeanParliament and of the Council of 24 November 2010on industrial emissions 22 includes energy efficiencyamong the criteria for determining the Best AvailableTechniques that should serve as a reference for settingthe permit conditions for installations within its scope,including combustion installations with a total ratedthermal input of 50 MW or more. However, thatDirective gives Member States the option not toimpose requirements relating to energy efficiency on

combustion units or other units emitting carbondioxide on the site, for the activities listed in Annex Ito Directive 2003/87/EC of the European Parliamentand of the Council of 13 October 2003 establishing ascheme for greenhouse gas emission allowance tradingwithin the Community 23. To ensure that significantenergy efficiency improvements are achieved inelectricity and heat generation installations [], actual


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achieved in electricity and heat generationinstallations and mineral oil and gas refineries, actualenergy efficiency levels should be monitored andcompared with the relevant energy efficiency levelsassociated with the application of the Best AvailableTechniques. The Commission should compare energy

efficiency levels and consider proposing additionalmeasures if significant discrepancies exist betweenthe actual energy efficiency levels and the levelsassociated with the application of the Best AvailableTechniques. The information collected on the actualenergy efficiency values should also be used inreviewing the harmonised efficiency reference valuesfor separate production of heat and electricity set outin Commission Decision 2007/74/EC of 21 December 2006 21.

energy efficiency levels should be []compared withthe relevant energy efficiency levels associated withthe application of the Best Available Techniques. TheCommission should compare energy efficiency levelsand consider proposing additional measures if significant discrepancies exist between the actualenergy efficiency levels and the levels associated withthe application of the Best Available Techniques. Toimprove the comprehensiveness of this assessment,Member States could include information onenergy efficiency levels in their reporting underDirective 2010/75/EU.

(29) Member States should establish, on the basis of

objective, transparent and non-discriminatory criteria,rules governing the bearing and sharing of costs of grid connections and grid reinforcements and for technical adaptations needed to integrate new

producers of electricity produced from high efficiencycogeneration, taking into account guidelines andcodes developed in accordance with Regulation (EC)

No 714/2009 of the European Parliament and of theCouncil of 13 July 2009 on conditions for access tothe network for cross-border exchanges in electricityand repealing Regulation (EC) No 1228/2003 24 andRegulation (EC) 715/2009 of the European

(29) Member States should establish, on the basisof objective, transparent and non-discriminatorycriteria, rules governing the bearing and sharing of costs of grid connections and grid reinforcements andfor technical adaptations needed to integrate new

producers of electricity produced from high efficiencycogeneration, taking into account guidelines and codesdeveloped in accordance with Regulation (EC) No714/2009 of the European Parliament and of theCouncil of 13 July 2009 on conditions for access tothe network for cross-border exchanges in electricity[]26 and Regulation (EC) 715/2009 of the EuropeanParliament and of the Council of 13 July 2009 on

19 OJ L 334, 17.12.2010, p.17.20 OJ L 275, 25.10.2003, p. 32.21 OJ L 32, 6.2.2007, p. 183.22 OJ L 334, 17.12.2010, p.17.23 OJ L 275, 25.10.2003, p. 32.24 OJ L 211, 14.8.2009, p. 15.


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Parliament and of the Council of 13 July 2009 onconditions for access to the natural gas transmissionnetworks and repealing Regulation (EC) No1775/2005 25. Producers of electricity generated fromhigh-efficiency cogeneration should be allowed toissue a call for tender for the connection work. Access

to the the grid system for electricity produced fromhigh-efficiency cogeneration, especially for smallscale and micro-cogeneration units, should befacilitated.

conditions for access to the natural gas transmissionnetworks []27. Producers of electricity generatedfrom high-efficiency cogeneration should be allowedto issue a call for tender for the connection work.Access to the the grid system for electricity producedfrom high-efficiency cogeneration, especially for small scale and micro-cogeneration units, should befacilitated. In accordance with Article 3(2) of Directive 2009/72/EC and Article 3(2) of Directive2009/73/EC, Member States may impose publicservice obligations, including relating to energyefficiency, on undertakings operating in theelectricity and gas sectors.

(30) A sufficient number of reliable professionalscompetent in the field of energy efficiency should beavailable to ensure the effective and timelyimplementation of this Directive, for instance asregards compliance with the requirements on energy

audits and implementation of energy efficiencyobligation schemes. Member States should therefore

put in place certification schemes for the providers of energy services, energy audits and other energyefficiency improvement measures.

(30) A sufficient number of reliable professionalscompetent in the field of energy efficiency should beavailable to ensure the effective and timelyimplementation of this Directive, for instance asregards compliance with the requirements on energyaudits and implementation of energy efficiencyobligation schemes. Member States should therefore

put in place certification schemes for the providers of energy services, energy audits and other energyefficiency improvement measures when the nationallevel of technical competence, objectivity andreliability is considered insufficient by the Member State.

(31) It is necessary to continue developing themarket for energy services to ensure the availabilityof both the demand and the supply of energy services.Transparency, for example by means of lists of energy services providers, can contribute to this.Model contracts and guidelines, in particular for energy performance contracting, can also help

(31) It is necessary to continue developing themarket for energy services to ensure the availability of

both the demand and the supply of energy services.Transparency, for example by means of lists of energy

services providers, can contribute to this. Modelcontracts , exchange of best practiceand guidelines,in particular for energy performance contracting, canalso help stimulate demand. As in other forms of third-

25 OJ L 309, 24.11.2009, p. 87.26 OJ L 211, 14.8.2009, p. 15.27 OJ L 309, 24.11.2009, p. 87.


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stimulate demand. As in other forms of third-partyfinancing arrangements, in an energy performancecontract the beneficiary of the energy service avoidsinvestment costs by using part of the financial valueof energy savings to repay the investment fully or

partially carried out by a third party.

party financing arrangements, in an energy performance contract the beneficiary of the energyservice avoids investment costs by using part of thefinancial value of energy savings to repay theinvestment fully or partially carried out by a third

party.

(32) There is a need to identify and removeregulatory and non-regulatory barriers to the use of energy performance contracting and other third-partyfinancing arrangements for energy savings. Theseinclude accounting rules and practices that preventcapital investments and annual financial savingsresulting from energy efficiency improvementmeasures from being adequately reflected in theaccounts for the whole life of the investment.Obstacles to the renovating of the existing buildingstock based on a split of incentives between the

different concerned actors should also be tackled atnational level.

(32) There is a need to identify and removeregulatory and non-regulatory barriers to the use of energy performance contracting and other third-partyfinancing arrangements for energy savings. Theseinclude accounting rules and practices that preventcapital investments and annual financial savingsresulting from energy efficiency improvementmeasures from being adequately reflected in theaccounts for the whole life of the investment.Obstacles to the renovating of the existing buildingstock based on a split of incentives between thedifferent concerned actors should also be tackled atnational level.

(33) Member States and regions should be encouraged tomake full use of the Structural Funds and the Cohesion Fund totrigger investments in energy efficiency improvementmeasures. Investment in energy efficiency has the potential tocontribute to economic growth, employment, innovation andreduction of fuel poverty in households, and therefore has a

positive contribution to economic, social and territorialcohesion. Potential areas for funding include energy efficiencymeasures in public buildings and housing, and providing new

skills to promote employment in the energy efficiency sector.

(33) Member States and regions should beencouraged to make full use of the Structural Fundsand the Cohesion Fund to trigger investments inenergy efficiency improvement measures. Investmentin energy efficiency has the potential to contribute toeconomic growth, employment, innovation andreduction of fuel poverty in households, and thereforehas a positive contribution to economic, social andterritorial cohesion. Potential areas for funding include

energy efficiency measures in public buildings andhousing, and providing new skills to promoteemployment in the energy efficiency sector.(33a) Available Union financial instruments andinnovative financing mechanisms should be used togive practical effect to the objective of improvingthe energy performance of public bodies' buildings.In that respect, Member States may use their


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revenues from annual emission allocations underDecision No 406/2009/EC in the development of such mechanisms on a voluntary basis and takinginto account national budgetary rules.

(34) In the implementation of the 20% energyefficiency target, the Commission will have to

monitor the impact of new measures on Directive2003/87/EC establishing the EU's emissions tradingdirective (ETS) in order to maintain the incentives inthe emissions trading system rewarding low carboninvestments and preparing the ETS sectors for theinnovations needed in the future.

(34) In the implementation of the 20% energyefficiency target, the Commission will have to monitor the impact of new measures on Directive 2003/87/ECestablishing the EU's emissions trading directive(ETS) in order to maintain the incentives in theemissions trading system rewarding low carboninvestments and preparing the ETS sectors for theinnovations needed in the future.

(35) Directive 2006/32/EC requires Member Statesto adopt and aim to achieve an overall nationalindicative energy savings target of 9% by 2016, to bereached by deploying energy services and other energy efficiency improvement measures. That

Directive states that the second Energy EfficiencyPlan adopted by the Member States shall be followed,as appropriate and where necessary, by Commission

proposals for additional measures, includingextending the period of application of targets. If areport concludes that insufficient progress has beenmade towards achieving the indicative nationaltargets laid down by that Directive, these proposalsare to address the level and nature of the targets. Theimpact assessment accompanying this Directive findsthat the Member States are on track to achieve the 9%target, which is substantially less ambitious than thesubsequently adopted 20% energy saving target for 2020, and therefore there is no need to address thelevel of the targets.

(35) Directive 2006/32/EC requires Member Statesto adopt and aim to achieve an overall nationalindicative energy savings target of 9% by 2016, to bereached by deploying energy services and other energy efficiency improvement measures. ThatDirective states that the second Energy EfficiencyPlan adopted by the Member States shall be followed,as appropriate and where necessary, by Commission

proposals for additional measures, including extendingthe period of application of targets. If a reportconcludes that insufficient progress has been madetowards achieving the indicative national targets laiddown by that Directive, these proposals are to addressthe level and nature of the targets. The impactassessment accompanying this Directive finds that theMember States are on track to achieve the 9% target,which is substantially less ambitious than the

subsequently adopted 20% energy saving target for 2020, and therefore there is no need to address thelevel of the targets.

(36) Although this Directive repeals Directive2006/32/EC, Article 4 of Directive 2006/32/ECshould continue to apply until the deadline for the

(36) []


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achievement of the 9% target.

(37) Since the objective of this Directive, which isto achieve the Union's energy efficiency target of 20% primary energy savings by 2020 and pave theway towards further energy efficiency improvements

beyond 2020, is not on track to be achieved by theMember States without taking additional energyefficiency measures, and can be better achieved atUnion level, the Union may adopt measures, inaccordance with the principle of subsidiarity as setout in Article 5 of the Treaty on European Union. Inaccordance with the principle of proportionality, asset out in that Article, this Directive does not go

beyond what is necessary in order to achieve thatobjective.

(37) Since the objective of this Directive, which isto achieve the Union's energy efficiency ta rget of 20%[]by 2020 and pave the way towards further energyefficiency improvements beyond 2020, is not on track to be achieved by the Member States without takingadditional energy efficiency measures, and can be

better achieved at Union level, the Union may adoptmeasures, in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty onEuropean Union. In accordance with the principle of

proportionality, as set out in that Article, this Directivedoes not go beyond what is necessary in order toachieve that objective.

(38) In order to permit adaptation to technical

progress and changes in the distribution of energysources, the power to adopt acts in accordance withArticle 290 of the Treaty on the Functioning of theEuropean Union should be delegated to theCommission in respect of certain matters. It will be of

particular importance that the Commission carry outconsultations during its preparatory work, including atexpert level.

(38) In order to permit adaptation to technical progress and changes in the distribution of energysources, the power to adopt acts in accordance withArticle 290 of the Treaty on the Functioning of theEuropean Union should be delegated to theCommission in respect of the review of theharmonised efficiency reference values laid downon the basis of Directive 2004/8/EC and in respectof the values, calculation methods, default primaryenergy coefficient and requirements in the Annexesto this Directive. It will be of particular importancethat the Commission carry out appropriateconsultations during its preparatory work, including at

expert level. The Commission, when preparing anddrawing up delegated acts, should ensure asimultaneous, timely and appropriate transmissionof relevant documents to the European Parliamentand Council.

(39) All substantive provisions of Directive2004/8/EC and Directive 2006/32/EC, except as

(39) All substantive provisions of Directive2004/8/EC and Directive 2006/32/EC, except asregards Articles 4(1) to (4) , 13(1)and Annexes I, III


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regards Articles 4(1) to (4) and Annexes I, III and IVof the latter, should be immediately repealed. Articles9(1) and (2) of Directive 2010/30/EU of 19 May 2010on the indication by labelling and standard productinformation of the consumption of energy and other resources by energy-related products 28, which

foresees an obligation for Member States only toendeavour to procure products having the highestenergy efficiency class, should also be repealed.

and IV of the latter, should be []repealed. Theselatter provisions of Directive 2006/32/EC shouldcontinue to apply until the deadline for theachievement of the 9% target.Articles 9(1) and (2)of Directive 2010/30/EU of 19 May 2010 on theindication by labelling and standard productinformation of the consumption of energy and other resources by energy-related products 29, which foreseesan obligation for Member States only to endeavour to

procure products having the highest energy efficiencyclass, should also be repealed.(39a) Regulation (EU) No XX/2012 amendingRegulation (EC) No 106/2008 should be amendedto take account of the procurement obligationswhich public bodies have under this Directive

(40) The obligation to transpose this Directive intonational law should be limited to those provisions thatrepresent a substantive change as compared with

Directives 2004/8/EC and 2006/32/EC. Theobligation to transpose the provisions which areunchanged arises under those Directives.

(40) The obligation to transpose this Directive intonational law should be limited to those provisions thatrepresent a substantive change as compared withDirectives 2004/8/EC and 2006/32/EC. The obligationto transpose the provisions which are unchanged arisesunder those Directives.

(41) This Directive should be without prejudice tothe obligations of the Member States relating to thetime limits for transposition into national law andapplication of Directives 2004/8/EC and 2006/32/EC.

(41) This Directive should be without prejudice tothe obligations of the Member States relating to thetime limits for transposition into national law andapplication of Directives 2004/8/EC and 2006/32/EC.

(42) In accordance with the Joint PoliticalDeclaration of Member States and the Commissionon explanatory documents of 29 September 2011,

Member States have undertaken to accompany, in justified cases, the notification of theirtransposition measures with one or moredocuments explaining the relationship between thecomponents of a directive and the corresponding

28 OJ L 153, 18.6.2010, p. 1.29 OJ L 153, 18.6.2010, p. 1.


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parts of national transposition instruments. Withregard to this Directive, the legislator considers thetransmission of such documents to be justified.

CHAPTER I Subject matter, scope, definitions and energy efficiency

targets

CHAPTER I Subject matter, scope, definitions and energy

efficiency targets Article 1

Subject matter and scope Article 1

Subject matter and scope

1. This Directive establishes a common framework for the promotion of energy efficiency within the Union in order toensure the achievement of the Union's target of 20% primaryenergy savings by 2020 and to pave the way for further energyefficiency improvements beyond that date.

It lays down rules designed to remove barriers in the energymarket and overcome market failures that impede efficiency in

the supply and use of energy, and provides for theestablishment of national energy efficiency targets for 2020.

CA 1This Directive establishes a common framework of measures for the promotion of energy efficiencywithin the Union in order to ensure theachievement of the Union's target of at least 20%

primary energy savings compared to projections for 2020 and to pave the way for further energyefficiency improvements beyond that date.

It lays down rules designed to remove barriers inthe energy market and the energy service marketsand overcome market failures that impedeefficiency in the supply and use of energy, andlays down binding national energy efficiencytargets for 2020.

1. This Directive establishes a commonframework of measuresfor the promotion of energyefficiency within the Union in order to ensure theachievement of the Union's 2020 20% headlinetargeton energy efficiencyand to pave the way for further energy efficiency improvements beyond that date.

It lays down rules designed to remove barriers in theenergy market and overcome market failures thatimpede efficiency in the supply and use of energy, and

provides for the establishment of indicativenationalenergy efficiency targets for 2020.

2. The requirements laid down in this Directive areminimum requirements and shall not prevent any Member Statefrom maintaining or introducing more stringent measures. Suchmeasures shall be compatible with the Union's legislation.

National legislation foreseeing more stringent measures shall be notified to the Commission.

2. The requirements laid down in this Directive areminimum requirements and shall not prevent anyMember State from maintaining or introducingmore stringent measures. Such measures shall becompatible with the Union's legislation. Nationallegislation foreseeing more stringent measuresshall be notified to the Commission.

2. The requirements laid down in this Directiveare minimum requirements and shall not prevent anyMember State from maintaining or introducing morestringent measures. Such measures shall be compatiblewith the Union's legislation. National legislationforeseeing more stringent measures shall be notified tothe Commission.

Article 2 Definitions

Article 2 Definitions

For the purposes of this Directive, the following definitionsshall apply:

1. 'energy' means all forms of energy products, as definedin Regulation (EC) No 1099/2008 30;

For the purposes of this Directive, the followingdefinitions shall apply:

1. 'energy' means all forms of energy products ,combustible fuels, heat, renewable energy,


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electricity, or any other form of energy, as definedin Regulation (EC) No 1099/2008 ; 31

2. 'primary energy consumption' means gross inlandconsumption, excluding non-energy uses;

2. 'primary energy consumption' means grossinland consumption, excluding non-energy uses;

2a. 'energy efficiency' means a ratio betweenan output of performance, service, goods or energy,and an input of energy;2b. 'energy savings' means an amount of savedenergy determined by measuring and/or estimatingconsumption before and after implementation of one or more energy efficiency improvementmeasures and/ or a top down approach, whilstensuring normalization for external conditions thataffect energy consumption;2a. 'energy efficiency improvement' means anincrease in energy efficiency as a result of technological, behavioral and/or economic changes;

3. 'energy service' means the physical benefit, utility or good derived from a combination of energy with energyefficient technology or with action, which may include theoperations, maintenance and control necessary to deliver theservice, which is delivered on the basis of a contract and innormal circumstances has proven to result in verifiable andmeasurable or estimable energy efficiency improvement or

primary energy savings;

3. 'energy service' means the physical benefit,utility or good derived from a combination of energywith energy efficient technology or with act ion, whichmay include the operations, maintenance and controlnecessary to deliver the service, which is delivered onthe basis of a contract and in normal circumstanceshas proven to result in verifiable and measurable or estimable energy efficiency improvement or primaryenergy savings;

4. 'public bodies' means 'contracting authorities' asdefined in Directive 2004/18/EC;

4. 'public bodies' means 'contracting authorities'as defined in Directive 2004/18/EC 32;

4a. 'general government' means alladministrative departments of the State whosecompetence extends normally over the whole

30 OJ L 304, 14.11.2008, p. 1.31 OJ L 304, 14.11.2008, p. 1.32 Directive 2004/18/EC of the European Parliament and of the Council of 31 March 2004 on the coordination of procedures for the award of public

works contracts, public supply contracts and public service contracts (OJ L 134, 30.4.2004, p. 114)


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economic territory, except for the administration of social security funds, and state governments whichare separate institutional units exercising some of the functions of government at a level below that of central government and above that of thegovernmental institutional units existing at locallevel, except for the administration of socialsecurity funds;334b. 'total useful floor area' means the floor areaof a building or part of a building, where energy isused to condition the indoor climate;

5. 'energy management system' means a set of interrelatedor interacting elements of a plan which sets an energyefficiency objective and a strategy to achieve that objective;

5. 'energy management system' means a set of interrelated or interacting elements of a plan whichsets an energy efficiency objective and a strategy toachieve that objective;5a. 'European standard' means a standardadopted by the European Committee forStandardisation, the European Committee forElectrotechnical Standardisation or the EuropeanTelecommunications Standards Institute and madeavailable for public use;5b. 'International standard' means a standardadopted by the International StandardisationOrganisation and made available to the public:

6. 'obligated parties' means the energy distributors or retail energy sales companies that are bound by the nationalenergy efficiency obligation schemes referred to in Article 6;

6. 'obligated parties' means the energydistributors or retail energy sales companies that are

bound by the national energy efficiency obligationschemes referred to in Article 6;

6a 'entrusted party' means a legal entity with

delegated power from a government or anotherpublic body to develop, manage or operate afinancing scheme on behalf of the government orother public body6b 'participating party' means an enterprise orpublic body that has committed itself to reach

33 Due care will be taken in translation with respect to national administrative specificities.


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certain objectives under a voluntary agreement, oris covered by a national regulatory policyinstrument.6c 'implementing public authority' means abody governed by public law which is responsiblefor the carrying out or monitoring of energy orcarbon taxation, financial schemes andinstruments, fiscal incentives, standards andnorms, energy labelling schemes, training oreducation.6d 'policy measure' means a regulatory, financial, fiscal, voluntary or information provisioninstrument that has been formally established andimplemented in a Member State to create asupportive framework, requirement or incentivefor market actors to provide and purchase energyservices and to undertake other energy efficiencyimprovement measures6e 'individual action' means an action thatleads to verifiable, and measureable or estimable,energy efficiency improvements and is undertakenas a result of a policy measure.

7. 'energy distributor' means a natural or legal person,including a distribution system operator, responsible for transporting energy with a view to its delivery to finalcustomers or to distribution stations that sell energy to finalcustomers;

7. 'energy distributor' means a natural or legal person, including a distribution system operator,responsible for transporting energy with a view to itsdelivery to final customers or to distribution stationsthat sell energy to final customers;

8. 'distribution system operator' means 'distributionsystem operator' as defined in Directive 2009/72/EC andDirective 2009/73/EC;

8. 'distribution system operator' means'distribution system operator' as defined in Directive

2009/72/EC34

and Directive 2009/73/EC 35

respectively;9. 'retail energy sales company' means a natural or legal

person who sells energy to final customers;

9. 'retail energy sales company' means a naturalor legal person who sells energy to final customers;

34 OJ L 211, 14.8.2009, p. 55.35 OJ L 211, 14.8.2009, p. 94.


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10. 'final customer' means a natural or legal person who purchases energy for his or her own end use;

10. 'final customer' means a natural or legal person who purchases energy for his or her own enduse;

11. 'energy service provider' means a natural or legal person who delivers energy services or other energy efficiencyimprovement measures in a final customer's facility or

premises;

11. 'energy service provider' means a natural or legal person who delivers energy services or other energy efficiency improvement measures in a finalcustomer's facility or premises;

12. 'energy audit' means a systematic procedure to obtainadequate knowledge of the existing energy consumption profileof a building or group of buildings, an industrial or commercialoperation or installation or a private or public service, identifyand quantify cost-effective energy savings opportunities, andreport the findings;

12. 'energy audit' means a systematic procedure toobtain adequate knowledge of the existing energyconsumption profile of a building or group of

buildings, an industrial or commercial operation or installation or a private or public service, identify andquantify cost-effective energy savings opportunities,and report the findings;12a. 'small and medium-sized enterprises'means enterprises as defined in Title I of the Annexto Commission Recommendation 2003/361;36

13. 'energy performance contracting' means a contractualarrangement between the beneficiary and the provider of anenergy efficiency improvement measure, according to whichthe payment for the investment made by the provider is inrelation to a contractually agreed level of energy efficiencyimprovement or other agreed energy performance criterion,such as financial savings;

13. 'energy performance contracting' means acontractual arrangement between the beneficiary andthe provider of an energy efficiency improvementmeasure, verified and monitored during the wholeterm of the contract, whereinvestment s (work,supply or service) in that measure are paid forinrelation to a contractually agreed level of energyefficiency improvement or other agreed energy

performance criterion, such as financial savings;

14. 'transmission system operator' means 'transmissionsystem operator' as defined in Directive 2009/72/EC 37 andDirective 2009/73/EC 38;

14. 'transmission system operator' means'transmission system operator' as defined in Directive2009/72/EC []and Directive 2009/73/EC []

respectively;15. 'cogeneration' means the simultaneous generation inone process of thermal energy and electrical or mechanical

15. 'cogeneration' means the simultaneousgeneration in one process of thermal energy andelectrical or mechanical energy;

36 OJ L 124, 20.5.2003, p. 36.37 OJ L 211, 14.8.2009, p. 55.38 OJ L 211, 14.8.2009, p. 94.


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25. 'plot ratio' means the ratio between the land area andthe building floor area in a given territory;

25. 'plot ratio' means the ratio between the landarea and the building floor area in a given territory;

26. 'efficient district heating and cooling' means a districtheating or cooling system using at least 50% renewable, wasteor cogenerated heat or a combination thereof and having a

primary energy factor, as referred to in Directive 2010/31/EU,of at least 0.8;

26. 'efficient district heating and cooling' means adistrict heating or cooling system using at least [50]%renewable energy, [50]% waste heat, 75%cogenerated heat or [50]% of a combination thereof [];

27. 'substantial refurbishment' means a refurbishmentwhose cost exceeds 50% of the investment cost for a newcomparable unit in accordance with Decision 2007/74/EC or which requires the update of the permit granted under Directive2010/75/EU.

27. 'substantial refurbishment' means arefurbishment whose cost exceeds 50% of theinvestment cost for a new comparable unit [];

28. 'efficient heating and cooling' means aheating and cooling option that compared to abaseline scenario reflecting a business as usualsituation measurably reduces the input of primaryenergy needed to supply one unit of deliveredenergy within a relevant system boundary in acost-effective way, as assessed in the cost-benefitanalysis referred to in this Directive, taking intoaccount the energy required for extraction,conversion, transport and distribution;29. 'efficient individual heating and cooling'means an individual heating and cooling supplyoption that compared to efficient district heatingand cooling measurably reduces the input of non-renewable primary energy needed to supply one

unit of delivered energy within a relevant systemboundary or requires the same input of non-renewable primary energy but at a lower cost,taking into account the energy required forextraction, conversion, transport and distribution.

CA 2 Article 2a


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Financing and Technical Support 1. Without prejudice to Articles 107 and 108 of theTreaty, Member States shall ensure that financing

facilities for measures to improve energyefficiency are in place to maximise the benefits of multiple streams of financing. These may includecross-industry funds and financial mechanisms

used for investment in energy saving measures.2. These facilities shall include:

(a) financial contributions and fines from non- fulfilment of the provisions set out in Articles 6 to8 as referred to in Article 9,

(b) resources allocated to energy efficiency under Article 10(3) of Directive 2009/29/EC,

(c) resources allocated to energy efficiency in themultiannual financial framework, in particular cohesion, structural and rural development funds,and dedicated European financial instruments,such as the European Energy Efficiency Fund.3. These facilities may also include:

(a) resources allocated to energy efficiency from EU projects bonds,

(b) resources allocated to energy efficiency fromthe European Investment Bank and other

European financial institutions, in particular the European Bank for Reconstruction and Development and the Council of Europe

Development Bank,(c) resources leveraged in financial institutions.

(d) national resources, including through thecreation of regulatory and fiscal frameworksencouraging the implementation of energyefficiency initiatives and programs.


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4. Taking into account the principles of flexibilityand subsidiarity, the financing facilities referred to in paragraph 1 shall:

(a) use this money to enable and encourage private capital investment, in particular drawing on institutional investors, while using criteriaensuring the achievement of both environmental and social objectives for the granting of funds;

(b) provide financial tools (e.g. loan guarantees for private capital, loan guarantees to foster energy performance contracting, grants,subsidised loans and dedicated credit lines, third

party financing systems) that reduce both the perceived and the actual risks of energy efficiency projects, and allow for cost effective renovationseven among low and medium revenue households.

(c) be linked to programmes or agencies which

will aggregate and assess the quality of energysaving projects, provide technical assistance, promote the energy services market and help to generate consumer demand for these services, inaccordance with Article 14;5. The financing facilities referred to in paragraph1 may also:

(a) provide appropriate resources to support training and certification programmes whichimprove and accredit skills for energy efficiency.

(b) provide resources for research on and

demonstration and acceleration of uptake of small scale and micro technologies to generate energyand the optimalization of the connections of these

generators to the grid;

(c) be linked to programmes undertaking action to promote energy efficiency in all houses to prevent energy poverty and stimulate landlords letting


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houses to render their property as energy efficient as possible.

(d) provide appropriate resources to support social dialogue and standard setting aiming at improving energy efficiency and ensuring good working conditions and health and safety at work.6. The Commission shall, where appropriate,directly or via the European financial institutions,assist Member States upon request in setting up

financing facilities and technical support schemeswith the aim of increasing energy efficiency indifferent sectors.7. The Commission shall facilitate the exchange of best practice between the responsible national or regional authorities or bodies e.g. through annual meetings of the regulatory bodies, publicdatabases with information on the implementationof measures by Member States and cross-country

comparison.


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Article 3 Energy efficiency targets

CA 3 Article 3 Energy efficiency targets

1. Member States shall set a national energy efficiencytarget expressed as an absolute level of primary energyconsumption in 2020. When setting these targets, they shalltake into account the Unions target of 20 % energy savings, themeasures provided for in this Directive, the measures adoptedto reach the national energy saving targets adopted pursuant toArticle 4(1) of Directive 2006/32/EC and other measures to

promote energy efficiency within Member States and at Unionlevel.

1. Member States shall set a binding nationalenergy saving target expressed as an absolute levelof primary energy consumption in 2020 , whichshall be notified to the Commission by the date of entry into force of this Directive .

When setting these targets , each Member Stateshall take into account the 2020 national energysaving reference values as provided in the left column of Annex 0 - Part A. The Commissionshall ensure that the national targets amount tothe overall Union's target of at least 20% primaryenergy savings in 2020 compared to projections.

Member States shall adopt and implement themeasures provided for in this Directive, themeasures adopted to reach the national energysaving targets adopted pursuant to Article 4(1) of Directive 2006/32/EC and other measures to

promote energy efficiency within Member Statesand at Union level so as to ensure that their

primary energy consumption is equivalent to or below that shown in the indicative trajectory set out in Annex 0 - Part B and their 2020 target asreferred to in sub-paragraphs 1 and 2.

1. Each Member State []shall set a nindicativenational energy efficiency target , based oneither primary or final energy consumption,primary or final energy savings, or energyintensity. In notifying these targets to theCommission no later than [date in Article 22(1)],the Member States shall also express them in termsof an absolute level of primary f inal energyconsumption in 2020 39 and shall explain how, and onthe basis of which data, this has been calculated.When setting these targets, they shall take into accountthe Unions 2020 20% headlinetarget on energyefficiency, requiring energy consumption of nomore than 1474 Mtoe of primary energy [or nomore than 1078 Mtoe of final energyor energysavings of at least 368 Mtoe of primary energyor energy intensity of no more than 104 toe/MEuroGDP'05 in 2020 ];the measures provided for in thisDirective ; the measures adopted to reach the nationalenergy saving targets adopted pursuant to Article 4(1)of Directive 2006/32/EC ; and other measures to

promote energy efficiency within Member States andat Union level. When setting the national energyefficiency targets, Member States may take accountof national circumstances affecting primary energyconsumption [].

1a. If, by the date of entry into force of this Directive, Member States do

collectively adopt and notify bindingnational energy saving targets inaccordance with sub-paragraphs 1and 2 and the Commission has verified that the national targets amount to the overall Union'starget of a maximum primary energy consumption

1a. []

39 [or another basis, if the 20% EU target is to be expressed using another basis]


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of 1474 Mtoe in 2020 , Member States may deviate from the required minimumvalues provided for in Articles 4 and 6. If the achievement of the 2020binding national and Union's energy efficiency targets as set out in this

Article can not be demonstrated in

accordance with Article 19, any deviation from these required minimum values provided for in

Articles 4 and 6 shall not be allowed.

If, by the date of entry into force of this Directive,Member States do not collectively adopt and notify binding national energy saving targets in accordancewith sub-paragraphs 1and 2 and theCommission can not ensure that the national targets amount to the overall Union's target of a

maximum primary energy consumption of 1474 Mtoe in 2020 , no deviation from therequired minimum values provided for in Articles 4 and 6 shall beallowed.

2. By 30 June 2014, the Commission shall assess whether the Union is likely to achieve its target of 20 % primary energysavings by 2020, requiring a reduction of EU primary energyconsumption of 368 Mtoe in 2020, taking into account the sumof the national targets referred to in paragraph 1 and theevaluation referred to in Article 19(4).

2. By 30 June 2013 , the Commission shall assesswhether Member States are on track to achieve thenational targets referred to in paragraph 1 and required to achieve the Unions target of 20 %

primary energy savings by 2020, requiring areduction of EU primary energy consumption of

368 Mtoe in 2020, which amounts to a maximum primary energy consumption of 1474 Mtoe in2020. This assessment shall include the sum of thenational targets referred to in paragraph 1 and takeinto account the evaluation referred to in Article19(4).

If the results of this assessment are negative, the

2. By 30 June 2013, the Commission shall assesswhether the Union is on track to achieve its 202020% headline target on energy efficiency. []


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Commission will introduce a combination of measures, including advices, stimulations,warnings and financial repercussions to makesure that each Member States delivers theappropriate contribution to reach the overall EU target in 2020.2a. By 30 June 2014, the Commission shall come

forward with a proposal for energy savings targets for 2030.

2a. By 30 June 2015, the Commission shallassess progress achieved and whether the Union islikely to achieve its 2020 energy efficiency target.[]3. In carrying out the reviews mentioned inparagraphs 2 and 2a, the Commission shall:(i) sum the national indicative energyefficiency targets reported by Member States;(ii) assess whether the sum of these targets canbe considered a reliable guide to whether the EU asa whole is on track, taking into account, for theassessment referred to in paragraph 2, theevaluation of the first annual report in accordancewith Article 19(1), and for the assessment referredto in paragraph 2a, the evaluation of the reportsand National Energy Efficiency Action Plans inaccordance with Article 19(1) and (2);(iii) take into account complementary analysisarising from- an assessment of progress in energyconsumption and intensity sector by sector at EUlevel;- results from modelling exercises inrelation to future trends in energy consumption at

EU level;40

(iv) compare the results with the quantity of energy consumption [or savings] that would beneeded to fulfil the EUs 20% energy efficiency

40 New recital: "When undertaking modelling exercises, model assumptions and draft model results should be consulted with Member States in atimely and transparent manner. Improved modelling of the impact of energy efficiency measures and of the stock and performance of technologies isneeded."


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target.CA 4

Article 3a

Building renovation

1. Members States shall aim to reduce, by 31 December 2050, the energy consumption of theexisting building stock by 80% compared to 2010levels.

2. As part of the national plans referred to in Article 9 of Directive 2010/31/EU, Member Statesshall include policies and measures in accordancewith the objective set in paragraph 1, in particular by stimulating deep renovations of buildings,including staged deep renovations.

3. By 1 January 2014, Member States shall establish and make publicly available the national

plans referred to in paragraph 2. They shall include at least:

(a) indicative interim targets, in accordancewith the objective set in paragraph 1, for thereduction of the delivered or final energyconsumption 41 of their existing building stock of at least 15%, 30% and 60% compared to 2010 levels

for 2020, 2030 and 2040 respectively, including deep renovation targets.

(b) energy efficiency measures to address social challenges in the housing sector, in particular

energy poverty.The national plans referred to in paragraph 2 mayalso include:

(a) measures that are dif ferentiated according to

41 As defined in Annex I of Directive 2010/31/EU, OJ L 153, 18.06.2010, p. 29-30


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the category of building;

(b) measures to address health and safety,technical, and financial challenges in thebuildings sector;

(b) measures for financing and training to support the achievement of the targets referred to in the

above paragraphs.4. In accordance with Article 4(2) of Directive2013/31/EU 42 , Member States may decide not to set or apply the requirements referred to in this

Directive to the following categories of buildings:

(a) buildings officially protected as part of adesignated environment or because of their special architectural or historical merit, in so far ascompliance with certain minimum energy

performance requirements would unacceptablyalter 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 energydemand and non-residential agricultural buildingswhich 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 energyconsumption of less than 25 % of what would bethe result of all-year use;

(e) stand-alone buildings with a total useful floor

42 J L 153, 18.06.2010, p.19-20


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area of less than 50 m2.

5. Member States shall ensure that reduction of the energy con

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Note sur la directive efficacité énergétique