On 30 November 2016, the European Commission presented a proposal for a modest revision of the Energy Performance of Buildings Directive 2010/31/EU, part of the Clean Energy package that aims to deliver on the EU 2030 energy and climate goals. The Energy Performance of Buildings Directive (EPBD) is oriented towards achieving EU targets in energy efficiency. These are also addressed in the Energy Efficiency Directive (EED), which contains some provisions relating to buildings. The EED sets a requirement for Member States to achieve at least 20 % improvements in energy efficiency by 2020, and a proposed revision to the EED (part of the Clean Energy package) sets out measures for much greater efficiency improvements by 2030 (currently under negotiation).

According to Commission data, buildings are responsible for 40 % of energy consumption and 36 % of CO2 emissions in the EU. Currently, about 35 % of EU buildings are over 50 years old. By improving the energy efficiency of buildings, total EU energy consumption could be reduced by 5‑6 %, whilst CO2 emissions could decrease by about 5 %.

The main provisions of the proposal for a revised EPBD are the following:

• Member States will introduce specific mechanisms to support the smart financing of building renovations;
• long term building renovation strategies are introduced in the EPBD (previously in the EED). These will become part of the integrated national energy and climate plans envisaged in the proposed regulation on Energy Union governance (COM(2016)759);
• new buildings need to fulfil a general obligation to meet minimum energy performance requirements; clearer requirements put forward for feasibility studies before buildings are commissioned;
• definition of technical building systems broadened to include on-site electricity generation and on-site infrastructure for electro-mobility (e.g. electric cars);
• electro-mobility infrastructure has to be installed: (i) in new non-residential buildings, and in existing buildings undergoing substantial renovation, with more than 10 parking spaces (ii) as of 2025 in all non-residential buildings with more than 10 parking spaces;
• pre-cabling for electric recharging will have to be installed: (i) in new residential buildings with over 10 parking spaces, and (ii) in those undergoing major renovation;
• smartness indicator to be introduced by the Commission (through delegated acts) that assesses the overall functioning of the energy system in the building, including its capacity for self-production and demand response.
• database of energy performance certificates to include actual energy consumption data for public buildings frequently visited by the public with useful floor areas of over 250 m2;
• more effective provisions introduced on regular inspections of heating and air-conditioning systems, building automation and control.

A 'Smart Finance for Smart Buildings' initiative was presented alongside the revised EPBD. It analyses how to stimulate public and private investment in the energy efficiency of buildings.

Following the Commission's 2015 implementation report on the Energy Efficiency Directive, the European Parliament adopted a non-legislative resolution on 23 June 2016 that emphasised the huge hidden potential for improving energy efficiency, especially in the buildings sector. Energy-poor residents should receive special support from these investments and the Commission should set a target to improve the energy efficiency of residential building stock and set standards for rented housing.

In the Council, EU energy ministers debated the EPBD on 27 February 2017 and on 26 June 2017. In the latter meeting they reached agreement on a general approach, supported by all Member States. In the European Parliament the Industry, Research and Energy (ITRE) Committee rapporteur in charge of the file - Mr Bendt Bendtsen (EPP, Denmark) - presented a draft report in April 2017. Numerous amendments were tabled and negotiated, with the final report broadly endorsed by the ITRE committee on 11 October 2017, together with a mandate to start inter-institutional negotiations. Three rounds of trilogue meetings were held in November and December 2017. Provisional agreement on a compromise text was reached between the Council and the Parliament at the end of the third trilogue meeting on 19 December 2017. The text was formally adopted by the Parliament in first reading on 17 April 2018 and by the Council of Ministers on 14 May 2018.

The provisional agreement expands the provisions on long-term strategies in the revised directive (a key demand of the Parliament), including indicative milestones for 2030, 2040 and 2050 on the roadmap to a highly efficient and decarbonised building stock. All new buildings (and those where heat generators are replaced) must have self-regulating devices that can regulate temperature levels, usually at the level of individual rooms (another demand of the Parliament). The co-legislators agreed on ways to make the electromobility requirements less burdensome than in the Commission proposal, by requiring at least one recharging point in buildings with more than ten parking spaces, and for at least one in five parking spaces to have pre-cabling. Some grounds for exemption from electromobility requirements were also agreed upon. The provisional agreement outlines the main features of an optional EU scheme for rating the smart readiness of buildings, which is to be further elaborated in a (future) delegated act of the Commission. The Commission is also requested to explore the possibility of an optional building renovation passport, and more importantly review functioning of the whole directive by 1 January 2026.

The revised Energy Performance of Buildings Directive (EU) 2018/844 was published in the Official Journal on 19 June 2018 and entered into force on 9 July 2018.

References:

• EP Legislative Observatory, Procedure file on proposal for a directive on energy performance of buildings, 2016/0381(COD)
• Directive (EU) 2018/844 of 30 May 2018 amending Directive 2010/31/EU on the energy performance of buildings and Directive 2012/27/EU on energy efficiency
• European Commission, Proposal for a directive amending Directive 2010/31/EU on the energy performance of buildings, COM(2016)765
• Council, General Approach on the revised Energy Performance of Buildings Directive, 10288/17
• Council, Energy efficient buildings - Presidency secures provisional deal with European Parliament, Press Release, 19 December 2017.

Further reading:

• European Parliament, EPRS, Energy performance of buildings, Briefing, Initial Appraisal of a European Commission Impact Assessment, February 2017
• European Parliament, EPRS, Improving energy performance of buildings, Briefing, EU Legislation in Progress, July 2018 (final version)

Author: Alex Wilson, Members' Research Service, legislative-train@europarl.europa.eu

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