Procedure : 2008/0223(COD)
Document stages in plenary
Document selected : A6-0254/2009

Texts tabled :

A6-0254/2009

Debates :

PV 21/04/2009 - 17
CRE 21/04/2009 - 17

Votes :

PV 23/04/2009 - 8.4
CRE 23/04/2009 - 8.4
Explanations of votes
Explanations of votes
Explanations of votes

Texts adopted :

P6_TA(2009)0278

REPORT     ***I
PDF 500kWORD 688k
6 April 2009
PE 418.275v02-00 A6-0254/2009

on the proposal for a directive of the European Parliament and of the Council on the energy performance of buildings (recast)

(COM(2008)0780 – C6-0413/2008 – 2008/0223(COD))

Committee on Industry, Research and Energy

Rapporteur: Silvia-Adriana Ţicău

(Recast – Rule 80a of the Rules of Procedure)

ERRATA/ADDENDA
DRAFT EUROPEAN PARLIAMENT LEGISLATIVE RESOLUTION
 EXPLANATORY STATEMENT
 ANNEX: LETTER FROM THE COMMITTEE ON LEGAL AFFAIRS
 ANNEX: OPINION OF THE CONSULTATIVE WORKING PARTY OF THE LEGAL SERVICES OF THE EUROPEAN PARLIAMENT, THE COUNCIL AND THE COMMISSION
 PROCEDURE

DRAFT EUROPEAN PARLIAMENT LEGISLATIVE RESOLUTION

on the proposal for a directive of the European Parliament and of the Council on the energy performance of buildings (recast)

(COM(2008)0780 – C6-0413/2008 – 2008/0223(COD))

(Codecision procedure – recast)

The European Parliament,

–   having regard to the Commission proposal to the European Parliament and the Council (COM(2008)0780),

–   having regard to Article 251(2) and Article 175(1) of the EC Treaty, pursuant to which the Commission submitted the proposal to Parliament (C6-0413/2008),

–   having regard to the Interinstitutional Agreement of 28 November 2001 on a more structured use of the recasting technique for legal acts(1),

–   having regard to the letter of 3 February 2009 from the Committee on Legal Affairs to the Committee on Industry, Research and Energy in accordance with Rule 80a(3) of its Rules of Procedure,

–   having regard to Rules 80a and 51 of its Rules of Procedure,

–   having regard to the report of the Committee on Industry, Research and Energy and the opinion of the Committee on Legal Affairs (A6-0254/2009),

A. whereas, according to the Consultative Working Party of the Legal Services of the European Parliament, the Council and the Commission, the proposal in question does not include any substantive amendments other than those identified as such in the proposal and whereas, as regards the codification of the unchanged provisions of the earlier acts together with those amendments, the proposal contains a straightforward codification of the existing texts, without any change in their substance,

1.  Approves the Commission proposal as adapted to the recommendations of the Consultative Working Party of the legal services of the European Parliament, the Council and the Commission and as amended below;

2.  Calls on the Commission to refer the matter to Parliament again if it intends to amend the proposal substantially or replace it with another text;

3.  Instructs its President to forward its position to the Council and Commission.

Amendment  1

Proposal for a directive

Recital 3

Text proposed by the Commission

Amendment

(3) Reduction of energy consumption in the buildings sector constitutes an important part of the measures needed to reduce greenhouse gas emissions and comply with the Kyoto Protocol to the United Nations Framework Convention on Climate Change, and with further European and international commitments to reduce greenhouse gas emissions beyond 2012. Reduced energy consumption also has an important part to play in promoting security of energy supply, technological development and providing opportunities for employment and regional development, especially in rural areas.

(3) As buildings account for 40% of total energy consumption in the EU, reduction of energy consumption and the use of energy from renewable sources in the buildings sector constitutes an important part of the measures needed to reduce the EU’s energy dependency and greenhouse gas emissions. Together with an increased use of energy from renewable sources, the measures taken to reduce the energy consumption in the EU will allow the EU to comply with the Kyoto Protocol to the United Nations Framework Convention on Climate Change (UNFCCC) and its long term commitment to maintain the global temperature rise below 2°C, as well as its commitment to reduce the overall greenhouse gas emissions by at least 20% below 1990 levels by 2020, and by 30% in the case of an international agreement. Reduced energy consumption and an increased use of energy from renewable sources also has an important part to play in promoting security of energy supply, technological development and providing opportunities for employment and regional development, especially in rural areas.

Amendment  2

Proposal for a directive

Recital 5

Text proposed by the Commission

Amendment

(5) The European Council of March 2007 emphasised the need to increase energy efficiency in the Community so as to achieve the objective of reducing by 20 % the Community's energy consumption by 2020 and called for a thorough and rapid implementation of the priorities established in the Communication of the Commission "Action Plan for Energy Efficiency: Realising the Potential" . This Action Plan identified the significant potential for cost-effective energy savings in the buildings sector. The European Parliament, in its resolution of 31 January 2008, has called for strengthening the provisions of Directive 2002/91/EC.

(5) The European Council of March 2007 emphasised the need to increase energy efficiency in the Community so as to achieve the objective of reducing by 20 % the Community's energy consumption by 2020 and called for a thorough and rapid implementation of the priorities established in the Communication of the Commission "Action Plan for Energy Efficiency: Realising the Potential" . This Action Plan identified the significant potential for cost-effective energy savings in the buildings sector. The European Parliament, in its resolution of 31 January 2008, has called for strengthening the provisions of Directive 2002/91/EC, and has called at various times, on the latest occasion in its resolution on the Second Strategic Energy Review, for the 20% energy efficiency target in 2020 to be made binding. Moreover, Decision No .../2009/EC of the European Parliament and of the Council on effort sharing, for which energy efficiency in the building sector will be crucial, sets national binding targets for CO2 reduction, and Directive 2009/.../EC of the European Parliament and of the Council on the promotion of the use of energy from renewable sources calls for the promotion of energy efficiency in the context of a binding target for energy from renewable sources accounting for 20% of total EU energy consumption by 2020.

Amendment  3

Proposal for a directive

Recital 5 a (new)

Text proposed by the Commission

Amendment

(5a) The European Council of March 2007 reaffirmed the Community's commitment to the Community-wide development of energy from renewable sources by endorsing a mandatory target of a 20% share of energy from renewable sources by 2020. Directive 2009/.../EC [ on the promotion of the use of energy from renewable sources] establishes a common framework for the promotion of energy from renewable sources. It underlines the need to incorporate a factor for energy from renewable sources in meeting minimum energy performance requirements under Directive 2002/91/EC in order to speed up the setting of minimum levels for the use of energy from renewable sources in buildings.

Justification

Directive 2009/(...)/EC of the European Parliament and of the Council on the promotion of the use of energy from renewable sources requires the use of minimum levels of renewables in the buildings sector by 2015 and asks in addition for the incorporation of a factor for renewables in the EPBD.

Amendment  4

Proposal for a directive

Recital 9

Text proposed by the Commission

Amendment

(9) The energy performance of buildings should be calculated on the basis of a methodology, which may be differentiated at national and regional level, and that includes, in addition to thermal characteristics, other factors that play an increasingly important role such as heating and air-conditioning installations, application of renewable energy sources, passive heating and cooling elements, shading, indoor air-quality, adequate natural light and design of the building. The methodology for calculating energy performance should not only be based on the season where heating is required, but should cover the annual energy performance of a building.

(9) The energy performance of buildings should be calculated on the basis of a common methodology, with objective variables that take into account regional climatic differences, and that includes, in addition to thermal characteristics, other factors that play an increasingly important role such as heating, cooling and ventilation systems, heat recovery, zone control, application of renewable energy sources, passive heating and cooling elements, shading, indoor air-quality, adequate natural light measurements, insulation and lighting systems, monitoring and control systems and design of the building. The methodology for calculating energy performance should not only be based on the season where heating is required, but should cover the annual energy performance of a building. The methodology should take into account existing European standards.

Amendment  5

Proposal for a directive

Recital 12

Text proposed by the Commission

Amendment

(12) The Commission should lay down a comparative methodology for calculating cost-optimal levels of minimum energy performance requirements. Member States should use this comparative methodology to compare the results with the minimum energy performance requirements which they have adopted. The results of this comparison and the data used to reach these results should be regularly reported to the Commission. These reports should enable the Commission to assess the progress of Member States in reaching cost-optimal levels of minimum energy performance requirements and to report on it. After a transitional period Member States should use this comparative methodology when they review their minimum energy performance requirements.

(12) The Commission should lay down a common methodology for calculating cost-optimal levels of minimum energy performance requirements. This methodology should be consistent with that used in Community legislation applicable to performance requirements for the products, components and technical building systems which comprise the building. Member States should use this common methodology to adopt the minimum energy performance requirements. The results of this calculation and the data used to reach these results should be regularly reported to the Commission. These reports should enable the Commission to assess the progress of Member States in reaching cost-optimal levels of minimum energy performance requirements and to report on it. Member States should apply this methodology when they review and set their minimum energy performance requirements.

Justification

The Directive should ensure consistency with existing legislation.

There is a need for a single calculation method with objective variables that would take into account regional variations based on a single market approach rather than a comparative methodology.

Amendment  6

Proposal for a directive

Recital 13

Text proposed by the Commission

Amendment

(13) Buildings have an impact on long-term energy consumption and new buildings should therefore meet minimum energy performance requirements adapted to the local climate. As the application of alternative energy supply systems is generally not explored to its full potential, the technical, environmental and economic feasibility of alternative energy supply systems should be considered, regardless of the size of the building.

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

Justification

As the renovation cycle for existing buildings is about 25 years, the requirement for the use of renewable energy systems or cogeneration would have only a limited impact if existing buildings would be excluded. Given that existing buildings represent 95% of the entire buildings stock this would be a missed opportunity.

Amendment  7

Proposal for a directive

Recital 14

Text proposed by the Commission

Amendment

(14) Major renovations of existing buildings, regardless of their size, provide an opportunity to take cost-effective measures to enhance energy performance. For reasons of cost-efficiency, it should be possible to limit the minimum energy performance requirements to the renovated parts that are most relevant for the energy performance of the building.

(14) Major renovations of existing buildings, regardless of their size provide an opportunity to take cost-effective measures to enhance energy performance of the whole building. Setting requirements for cost-effective measures will ensure that no barriers are created which might discourage major renovations from being undertaken.

Amendment  8

Proposal for a directive

Recital 14 a (new)

Text proposed by the Commission

Amendment

(14a) Studies show that the construction sector suffers from inefficiency, which leads to end-user costs that are significantly higher than the optimal costs. Calculations show that the costs for construction could be reduced by as much as 30-35 % through reducing waste in most construction processes and for most products. The inefficiency in the construction sector poses a major threat to the aim and purpose of this Directive, since the unjustified high costs for construction and renovation reduces the cost-effectiveness and thereby the energy-effectiveness of the sector. In order to guarantee the proper functioning of this Directive, the Commission should evaluate the functioning of the construction market and report its conclusions and suggestions to the European Parliament and the Council. Member States should strive to ensure transparent pricing in the field of construction and renovation, and in addition take appropriate measures to remove barriers of entry to the market, and to relevant facilities and infrastructure, for new entrants, especially for SMEs.

Justification

Studies show that as much as 30-35 % of construction costs can be directly linked to waste in process and production. ("Waste in construction projects - call for a new approach", Josephson/Saukkoriipi, The Centre for Management of the Built Environment Building Economics and Management, Chalmers University of Technology, Gothenburg 2007.) A reduction of unnecessary costs in the construction sector would significantly increase the number of renovations that improves energy efficiency in buildings, since these renovations would be much cheaper for end-users.

Amendment  9

Proposal for a directive

Recital 14 b (new)

Text proposed by the Commission

Amendment

(14b) In order to improve the energy efficiency of domestic appliances and of heating and cooling, information technology should be developed and brought into use, the objective being 'intelligent buildings'.

Amendment  10

Proposal for a directive

Recital 15

Text proposed by the Commission

Amendment

(15) Measures are needed to increase the number of buildings which not only fulfill current minimum energy performance requirements, but are more energy efficient. For this purpose Member States should draw up national plans for increasing the number of buildings of which both carbon dioxide emissions and primary energy consumption are low or equal to zero and regularly report them to the Commission.

(15) Measures are needed to increase the number of buildings which not only fulfill current minimum energy performance requirements, but ensure at least a cost-optimal level of energy performance. For this purpose Member States should draw up national plans for increasing the number of net zero energy buildings and regularly report them to the Commission.

Amendment  11

Proposal for a directive

Recital 16 a (new)

Text proposed by the Commission

Amendment

(16a) Member States should be encouraged to take measures additional to those laid down in this Directive to promote the increased energy efficiency of buildings. Such measures may include financial and fiscal incentives to businesses, homeowners and tenants including reduced rates of VAT for renovation services.

Justification

In the face of an often high up-front cost of investments in energy efficiency, businesses, homeowners and tenants need financial assistance in making the initial investment. This can come through zero interest loans to homeowners or reduced rates of VAT on services linked to energy efficient renovation. Applying of the reduced VAT to products alone may promote the use of unskilled labour that undermines the effectiveness of the works carried out which does not ensure energy savings.

Amendment  12

Proposal for a directive

Recital 16 b (new)

Text proposed by the Commission

Amendment

(16b) Member States should avoid distortive energy price regulation for consumers which does not provide incentives to make energy savings.

Justification

Regulation of energy prices has a tendency to lead to increased energy consumption by final consumers and distortion of energy market. Such regulatory measures should be avoided and replaced by measures that would stimulate the final consumers to further energy savings.

Amendment  13

Proposal for a directive

Recital 17

Text proposed by the Commission

Amendment

(17) The prospective buyer and tenant of building or parts thereof should be given correct information about the energy performance of the building and practical advice about improving it, through the energy performance certificate. The certificate should also provide information about the actual impact of heating and cooling on the energy needs of the building, on its primary energy consumption and on carbon dioxide emissions.

(17) The prospective buyer and tenant of building or parts thereof should be given correct information about the energy performance of the building and practical advice about improving it, through the energy performance certificate. Owners and tenants of commercial buildings should also be obliged to exchange information regarding actual energy consumption, in order to ensure that all the data is available to make informed decisions about necessary improvements. The certificate should also provide information about the actual impact of heating and cooling on the energy needs of the building, on its primary energy consumption and on carbon dioxide emissions. Building owners should have the opportunity to request certification or an updated certificate at any time, not just at the time at which buildings are rented, sold or refurbished.

Justification

The energy performance certificate could be obtained not only when a building of part of it is rented, renovated or sold, but on demand, too.

Amendment  14

Proposal for a directive

Recital 17 a (new)

Text proposed by the Commission

Amendment

(17a) Public authorities should lead by example and should implement the recommendations included in the energy performance certificate within its validity period. Member States should include within their national plans measures to support public authorities to become early adopters of energy efficiency improvements and to implement the recommendations included in the energy performance certificate within its validity period. In developing the national plans, Member States should consult the representatives of local and regional authorities.

Justification

Public authorities should lead by example and implement the recommendations included in energy performance certificates. Member States should include within their national plans measures to support public authorities to do this and to become early adopters of energy efficiency improvements. In developing their national plans, Member States should consult the representatives of local and regional authorities.

Amendment  15

Proposal for a directive

Recital 17 b (new)

Text proposed by the Commission

Amendment

(17b) In accordance with the requirements on the installation of smart meters laid down in Directive 2006/32/EC, owners and tenants should be supplied with accurate real-time information on energy consumption in the buildings that they occupy.

Amendment  16

Proposal for a directive

Recital 18

Text proposed by the Commission

Amendment

(18) Buildings occupied by public authorities and buildings frequently visited by the public provide an opportunity to set an example by showing environmental and energy considerations being taken into account and therefore those buildings should be subject to energy certification on a regular basis. The dissemination to the public of information on energy performance should be enhanced by clearly displaying these energy certificates.

(18) Buildings occupied by public authorities and buildings frequently visited by the public should set an example by showing environmental and energy considerations being taken into account and therefore those buildings should be subject to energy certification on a regular basis. The dissemination to the public of information on energy performance should be enhanced by clearly displaying these energy certificates.  If Member States opt to include energy usage as part of energy certification requirements, a site-based approach may be taken whereby a collection of buildings in the same vicinity and occupied by the same organisation share energy meters.

Justification

This amendment highlights the leading example being set in some Members States which have extended display requirements to reflect both the energy performance of the building as well as the way energy is used by the occupants of the building. A site-based approach in such cases takes account of how universities, hospitals and other similar public sector sites are organised and can give a better overall view of a site’s total energy use and carbon footprint.

Amendment  17

Proposal for a directive

Recital 18 a (new)

Text proposed by the Commission

Amendment

(18a) Ensuring mutual recognition of energy performance certificates issued by other Member States is likely to be important for the development of a cross-border market for financial and other services supporting energy efficiency. To facilitate this, the Commission should establish common minimum standards for the content and presentation of certificates, and for the accreditation of experts. Any energy performance certificate should be available both in the language of the owner and of the tenant, in order to make recommendations easily understood.

Justification

The mutual recognition of energy performance certificate is needed. The content of the certificate should be readable and understandable by both the tenant and the owner, so that they can act on the recommendations contained within.

Amendment  18

Proposal for a directive

Recital 19

Text proposed by the Commission

Amendment

(19) Recent years have seen a rise in the number of air-conditioning systems in European countries. This creates considerable problems at peak load times, increasing the cost of electricity and disrupting the energy balance in those countries.

(19) Recent years have seen a rise in the number of air-conditioning systems in European countries. This creates considerable problems at peak load times, increasing the cost of electricity and disrupting the energy balance in all Member States. Priority should be given to strategies which enhance the thermic performance of buildings during the summer period. To that end, there should be further development of passive cooling techniques, primarily those that improve indoor climatic conditions and the micro-climate around buildings.

Justification

Particularly in view of the general expectation of warming in the EU it makes no sense no longer to prioritise strategies for improving the indoor climate in the countries most affected. Examples from recent years also show that hot summers in the southern EU Member States also have an effect on power supplies in Central Europe. This makes need for action all the more acute.

Amendment  19

Proposal for a directive

Recital 20

Text proposed by the Commission

Amendment

(20) Regular inspection of heating and air-conditioning systems by qualified personnel contributes to maintaining their correct adjustment in accordance with the product specification and in that way ensures optimal performance from an environmental, safety and energy point of view. An independent assessment of the entire heating and air-conditioning system should occur at regular intervals during the life-cycle thereof, especially before their replacement or retrofitting.

(20) Regular inspection of heating and air-conditioning systems by qualified personnel contributes to maintaining their correct adjustment in accordance with the product specification and in that way ensures optimal performance from an environmental, safety and energy point of view. An independent assessment of the entire heating and air-conditioning system should occur at regular intervals during the life-cycle thereof, especially before their replacement or retrofitting. To minimise the administrative burden on building owners and tenants, Member States should ensure that any certification for energy performance includes an inspection of heating and air conditioning systems; and that, as far as possible, inspections of heating and air conditioning systems are carried out at the same time.

Justification

It is important to minimise the bureaucratic burden on building owners and tenants.

Amendment  20

Proposal for a directive

Recital 21 a (new)

Text proposed by the Commission

Amendment

(21a) Local and regional authorities are critical for the successful implementation of this Directive. Their representatives should be consulted on every aspect of its implementation at national or regional level. Local planners and building inspectors should receive adequate guidance and resources to carry out the necessary tasks.

Justification

Local and Regional Authorities are critical for the successful implementation of this Directive. Their representatives should be consulted on every aspect of its implementation at national level or regional level. Local planners and building inspects should receive adequate guidance and resources to carry out the necessary tasks.

Amendment  21

Proposal for a directive

Recital 21 b (new)

Text proposed by the Commission

Amendment

(21b) In so far as the access or pursuit of the profession of installer is a regulated profession, the preconditions for the recognition of professional qualifications are laid down in Directive 2005/36/EC on the recognition of professional qualifications. This Directive therefore applies without prejudice to Directive 2005/36/EC. While Directive 2005/36/EC lays down requirements for the mutual recognition of professional qualifications, including for architects, there is a further need to ensure that architects and planners properly consider high-efficiency technologies in their plans and designs. Member States should therefore provide clear guidance. This should be done without prejudice to the provisions of Directive 2005/36/EC and in particular Articles 46 and 49 thereof.

Justification

Mutual certification recognition between Member States would facilitate the free movement of professionals across national boundaries, without constraint of trade. This recital will bring the Directive in line with the Renewables Directive.

Amendment  22

Proposal for a directive

Recital 23

Text proposed by the Commission

Amendment

(23) Power should in particular be conferred on the Commission to adapt certain parts of the general framework set out in Annex I to technical progress, to establish a methodologies for calculating cost-optimal levels of minimum energy performance requirements and to establish common principles for defining buildings of which both carbon dioxide emissions and primary energy consumption are low or equal to zero. Since those measures are of general scope and are designed to amend non-essential elements of this Directive, they must be adopted in accordance with the regulatory procedure with scrutiny provided for in Article 5a of Decision 1999/468/EC.

(23) Power should in particular be conferred on the Commission to adapt certain parts of the general framework set out in Annex I to technical progress, to establish a common methodology for calculating cost-optimal levels of minimum energy performance requirements and to establish a definition for net zero energy buildings taking into consideration normal regional weather conditions and predicted changes in such weather conditions over time. Since those measures are of general scope and are designed to amend non-essential elements of this Directive, they must be adopted in accordance with the regulatory procedure with scrutiny provided for in Article 5a of Decision 1999/468/EC.

Justification

The Commission should establish methodologies for calculating cost-optimal levels of minimum energy performance requirements and a common definition for net zero energy buildings, taking into consideration normal regional weather conditions and predicted changes in such weather conditions over time.

Amendment  23

Proposal for a directive

Recital 23 a (new)

Text proposed by the Commission

Amendment

(23a) As lighting applications currently account for approximately 14 % of the energy used in the EU and as modern state of the art lighting systems can save more than 80 % of energy while maintaining lighting conditions in line with European standards, which is an underexploited contribution to enabling the European Union to achieve the EU 2020 targets, the Commission should take appropriate steps towards the adoption of a Lighting Design Directive in order to complement the measures and aims laid down in this Directive. Higher energy efficiency arising from better lighting design and the use of energy efficient light sources in line with the provisions under the Energy use of products Directive is considered to be a significant contribution to better energy performance in buildings.

Amendment  24

Proposal for a directive

Recital 24

Text proposed by the Commission

Amendment

(24) Since the objectives of enhancing the energy performance of buildings cannot be sufficiently achieved by the Member States due to the complexity of the buildings sector, and the inability of the national housing markets to adequately address the challenges of energy efficiency, and can by the reason of the scale and the effects of the action be better achieved at Community level, the Community may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty. . In accordance with the principles of proportionality, as set out in that Article, this Directive does not go beyond what is necessary in order to achieve those objectives.

(24) Since the objectives of enhancing the energy performance of buildings cannot be sufficiently achieved by the Member States due to the complexity of the buildings sector, and the inability of the national housing markets to adequately address the challenges of energy performance, and can by the reason of the scale and the effects of the action be better achieved at Community level, the Community may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty. In accordance with the principles of proportionality, as set out in that Article, this Directive does not go beyond what is necessary in order to achieve those objectives.

Justification

To be consistent with the entire proposal.

Amendment  25

Proposal for a directive

Article 1 – paragraph 1

Text proposed by the Commission

Amendment

This Directive promotes the improvement of the energy performance of buildings within the Community, taking into account outdoor climatic and local conditions, as well as indoor climate requirements and cost-effectiveness.

This Directive promotes the improvement of the energy performance of buildings within the Community, taking into account outdoor climatic and local conditions, as well as indoor climate requirements and cost-optimal levels of energy performance.

Justification

The subject matter of the Directive should include a reference to the cost-optimal calculation methodology, as well as to minimum performance requirements for envelope components and technical building systems, and to their application in new and existing buildings. Targets for net zero energy buildings are an important element of the recast. Education, training and mutual recognition requirements between Member States for certifiers of the energy performance of buildings and for inspectors of heating and air-conditioning systems should be included.

Amendment  26

Proposal for a directive

Article 1 - point a

Text proposed by the Commission

Amendment

(a) the general framework for a methodology of calculation of the integrated energy performance of buildings and parts thereof;

(a) a methodology of calculation of the integrated energy performance of buildings and parts thereof, of building components and of technical building systems;

Amendment  27

Proposal for a directive

Article 1 – point c

Text proposed by the Commission

Amendment

(c) the application of minimum requirements on the energy performance of existing buildings and parts thereof that are subject to major renovation;

(c) the application of minimum requirements on the energy performance of existing buildings that are subject to major renovation and of the building components and technical building systems whenever they are replaced or retrofitted;

Justification

The subject matter of the Directive should include a reference to the cost-optimal calculation methodology, as well as to minimum performance requirements for envelope components and technical building systems, and to their application in new and existing buildings. Targets for net zero energy buildings are an important element of the recast. Education, training and mutual recognition requirements between Member States for certifiers of the energy performance of buildings and for inspectors of heating and air-conditioning systems should be included.

Amendment  28

Proposal for a directive

Article 1 - point d

Text proposed by the Commission

Amendment

(d) national plans for increasing the number of buildings of which both carbon dioxide emissions and primary energy consumption are low or equal zero;

(d) national plans and targets for increasing the number of net zero energy buildings;

Amendment  29

Proposal for a directive

Article 1 – point g a (new)

Text proposed by the Commission

Amendment

(ga) education, training and mutual recognition requirements between Member States for certifiers of the energy performance of buildings and for inspectors of heating and air-conditioning systems.

Justification

The subject matter of the Directive should include a reference to the cost-optimal calculation methodology, as well as to minimum performance requirements for envelope components and technical building systems, and to their application in new and existing buildings. Targets for net zero energy buildings are an important element of the recast. Education, training and mutual recognition requirements between Member States for certifiers of the energy performance of buildings and for inspectors of heating and air-conditioning systems should be included.

Amendment  30

Proposal for a directive

Article 1 – point g b (new)

Text proposed by the Commission

Amendment

(gb) national plans for eliminating obstacles under building, tenancy and heritage protection laws and for creating financial incentives.

Justification

The Member States should be encouraged to create additional financial incentives, e.g. under tax law, and to eliminate existing obstacles under building, rental and heritage protection law, including rules governing energy-saving modernisation work and existing modernisation requirements for buildings classified as monuments.

Amendment  31

Proposal for a directive

Article 2 – point 1 a (new)

Text proposed by the Commission

Amendment

(1a) "new building" means a building for which the relevant authorisation for construction is obtained after the entry into force of this Directive;

Justification

A definition for new building is needed, due to the fact that the construction of a new building takes months/years. It is important to introduce the new requirements for those buildings for which the relevant authorisation for construction is obtained after the entry into force of this directive.

Amendment  32

Proposal for a directive

Article 2 – point 1 b (new)

Text proposed by the Commission

Amendment

 

(1b) "parts of a building" means apartments or units designated for separate use in building blocks;

Justification

The term “and parts thereof” is used in many Articles in the Directive. It should therefore be defined; otherwise, there is a risk that the term might be interpreted to include components and technical building systems. It is used in the certification Articles to mean parts of multi-family and commercial buildings intended for separate use, such as apartments and offices.

Amendment  33

Proposal for a directive

Article 2 - point 1c (new)

Text proposed by the Commission

Amendment

 

(1c) “net zero energy building” means a building where, as a result of the very high level of energy efficiency of the building, the overall annual primary energy consumption is equal to or less than the energy production from renewable energy sources on site;

Amendment  34

Proposal for a directive

Article 2 – point 2

Text proposed by the Commission

Amendment

(2) "technical building system" means technical equipment for heating, cooling, ventilation, hot water, lighting and electricity production or for a combination of those;

(2) "technical building system" means technical equipment for heating, cooling, ventilation, hot water, lighting and electricity production, measurement, monitoring and control systems, or for a combination of those;

Amendment  35

Proposal for a directive

Article 2 - point 3

Text proposed by the Commission

Amendment

(3) "energy performance of a building" means the calculated or measured  amount of energy needed to meet the energy demand associated with a typical use of the building, which includes inter alia energy used for  heating, hot water, cooling, ventilation and lighting;

(3) "energy performance of a building" means the calculated or measured amount of energy needed to meet the primary energy demand associated with a typical use of the building, expressed in kWh/m2 per year, and which includes inter alia energy used for heating, hot water, cooling, ventilation, and built-in lighting, taking into account passive solar gains, sun shading and natural lighting;

Amendment  36

Proposal for a directive

Article 2 – point 4

Text proposed by the Commission

Amendment

(4) "primary energy": means renewable and non-renewable energy which has not undergone any conversion or transformation process;

(4) "primary energy": means energy from renewable and non-renewable sources which has not undergone any conversion or transformation process;

Justification

There should be coherency of definitions in EU policies. The change in wording is suggested to make a direct reference to the definition of “energy from renewable sources” as suggested under Art. 2(a) of the RES Directive adopted by the European Parliament’s plenary session on 17 December, 2008.

Amendment  37

Proposal for a directive

Article 2 – point 4 a (new)

Text proposed by the Commission

Amendment

 

(4a) "energy from renewable sources" means energy from renewable non-fossil sources: wind, solar, geothermal, aerothermal, hydrothermal and ocean energy, hydropower, biomass, landfill gas, sewage treatment plant gas and biogases;

Justification

Energy from renewable energy sources plays a significant role in the recast proposal and should hence be defined accordingly. There should be coherency of definitions in EU policies. The proposed definition is Art. 2 (a) of the RES Directive as adopted by the European Parliament’s plenary session on December 17th, 2008.

Amendment  38

Proposal for a directive

Article 2 - point 5

Text proposed by the Commission

Amendment

(5) "building envelope" means elements of a building which separate its interior from the outdoor environment, including the windows, walls, foundation, basement slab, ceiling, roof, and insulation;

(5) "building envelope" means the integrated elements of a building which separate its interior from the outdoor environment;

Amendment  39

Proposal for a directive

Article 2 - point 5a (new)

Text proposed by the Commission

Amendment

 

(5a) "building component" means an individual part of a building which influences the energy performance of the building and is not covered by the technical building system, including windows, shading, exterior doors, walls, foundation, basement slab, ceiling, roof, and insulation systems;

Amendment  40

Proposal for a directive

Article 2 - point 6

Text proposed by the Commission

Amendment

(6) "major renovation": means the renovation of a building where

(6) "major renovation": means the renovation of a building where

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

(a) the total cost of the renovation related to the building envelope or the technical building systems is higher than 20 % of the value of the building, in which case the value shall be based on current construction costs in the Member State concerned, excluding the value of the land upon which the building is situated, or

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

(b) more than 25 % of the surface of the building envelope, which has a direct effect on the energy performance of the building, undergoes renovation;

Amendment  41

Proposal for a directive

Article 2 - point 10

Text proposed by the Commission

Amendment

(10) "cost-optimal level" means the lowest level of costs during the life-cycle of a building, which are determined taking into account investment costs, maintenance and operating costs (including energy costs), earnings from energy produced, where applicable, and disposal costs, where applicable;

(10) "cost-optimal level" means the level where the cost-benefit analysis calculated over the life-cycle of a building is positive, taking into account at least the net present value of investment and operating costs (including energy costs), maintenance, earnings from energy produced and disposal costs, where applicable.

Amendment  42

Proposal for a directive

Article 2 – point 14

Text proposed by the Commission

Amendment

(14) "heat pump" means a device or installation that extracts heat at low temperature from air, water or earth and supplies the heat to the building.

(14) "heat pump" means a machine, a device or installation that transfers heat from natural surroundings such as air, water or ground to buildings or industrial applications by reversing the natural flow of heat such that it flows from a lower to a higher temperature. The amount of ambient energy captured by heat pumps to be considered renewable energy for the purposes of this Directive shall be that established under Directive 2009/.../EC [on the promotion of the use of energy from renewable sources].

Justification

The definition of heat pumps and the methodology used to calculate the amount of primary energy and the efficiency of such devices must be in line with the recently adopted Directive on the promotion of the use of energy from renewable sources.

Amendment  43

Proposal for a directive

Article 2 – point 14 a (new)

Text proposed by the Commission

Amendment

(14a) 'energy poverty' means the situation where a household has to spend more than 10% of its revenue on energy bills in order to heat its home to an acceptable standard based on the levels recommended by the World Health Organisation;

Justification

It is technically necessary to define 'energy poverty', a term which is referred to in Amendment 31.

Amendment  44

Proposal for a directive

Article 2 – point 14 b (new)

Text proposed by the Commission

Amendment

(14b) “lighting system” means the combination of components required to provide a certain light level.

Amendment  45

Proposal for a directive

Article 2 – point 14 c (new)

Text proposed by the Commission

Amendment

(14c) "district heating or cooling" means the distribution of thermal energy in the form of steam, hot water or chilled liquids, from a central source of production through a network to multiple buildings, for the use of space or process heating or cooling or for water heating.

Justification

The directive should contain a definition of district heating or cooling. These are important infrastructures which permit synergies between energy efficiency and renewable energy sources.

Amendment  46

Proposal for a directive

Article 2 – point 14 d (new)

Text proposed by the Commission

Amendment

(14d) “lighting design” means a scheme or drawing detailing the configuration and layout of luminaires including related control equipment.

Justification

The objective of lighting design is the selection of the right criteria for the lighting task in line with harmonised European Standards using the highest possible Energy Efficiency lighting systems.

Amendment  47

Proposal for a directive

Article 3

Text proposed by the Commission

Amendment

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

1. The Commission shall, after consulting the relevant stakeholders and in particular representatives from local, regional and national authorities, establish by 31 March 2010 a common methodology of calculation of the energy performance of buildings, in accordance with the general framework set out in Annex I.

 

Those measures designed to amend non-essential elements of this Directive by supplementing it shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 21(2).

This methodology shall be adopted at national or regional level.

2. Member States shall implement this common methodology

Amendment  48

Proposal for a directive

Article 3 – paragraph 2 a (new)

Text proposed by the Commission

Amendment

2a. The energy performance of buildings shall be expressed in a transparent manner and shall include an indicator for C02 emissions and for primary energy demand.

Justification

The overall political target of this directive is to reduce the CO2 impact in buildings. Therefore this target should explicitly be mentioned in article 3.

Amendment  49

Proposal for a directive

Article 4 - paragraph 1

Text proposed by the Commission

Amendment

1. Member States shall take the necessary measures to ensure that minimum energy performance requirements for buildings are set with a view to achieving cost-optimal levels and are calculated in accordance with the methodology referred to in Article 3.

1. Member States shall take the necessary measures to ensure that minimum energy performance requirements for buildings and for building components and technical building systems and parts thereof, are set to achieve at least cost-optimal levels and are calculated in accordance with the common methodology referred to in Article 3.

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

When setting requirements, Member States shall consult public authorities and other relevant stakeholders and may differentiate between new and existing buildings and between different categories of buildings.

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

These requirements shall be consistent with other applicable Community legislation and shall take account of general indoor climate and indoor and outdoor lighting conditions, in order to avoid possible negative effects such as inadequate ventilation, inadequate natural lighting, as well as local conditions and the designated function and the age of the building.

These requirements shall be reviewed at regular intervals which shall not be longer than five years and, if necessary, shall be updated in order to reflect technical progress in the building sector.

These requirements shall be reviewed at regular intervals which shall not be longer than four years and shall be updated in order to reflect technical progress in the building sector.

Amendment  50

Proposal for a directive

Article 4 - paragraph 2

Text proposed by the Commission

Amendment

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

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

(a) buildings officially protected as part of a designated environment or because of their special architectural or historic merit, where compliance with the minimum energy performance requirements would unacceptably alter their character or appearance;

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

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

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

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

(c) temporary buildings with a planned time of use of less than 18 months, industrial sites, workshops and non-residential agricultural buildings with low energy demand and non-residential agricultural buildings which are in use by a sector covered by a national sectoral agreement on energy performance;

(d) residential buildings which are intended to be used less than four months of the year;

 

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

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

Amendment  51

Proposal for a directive

Article 4 – paragraph 3

Text proposed by the Commission

Amendment

3. As from 30 June 2014 Member States shall not provide incentives for the construction or renovation of buildings or parts thereof which do not comply with minimum energy performance requirements achieving the results of the calculation referred to in Article 5(2).

3. As from 30 June 2012 Member States shall only provide incentives for the construction or major renovation of buildings or parts thereof, including building components, the results of which comply at least with minimum energy performance requirements achieving the results of the calculation referred to in Article 5(2)

Amendment  52

Proposal for a directive

Article 4 – paragraph 4

Text proposed by the Commission

Amendment

4. As from 30 June 2017, where Member States review their minimum energy performance requirements set in accordance with paragraph 1 of this Article they shall ensure that these requirements achieve the results of the calculation referred to in Article 5(2).

4. Member States shall review their minimum energy performance requirements set in accordance with paragraph 1 of this Article and shall ensure that these requirements achieve at least the results of the calculation referred to in Article 5(2) no later than 30 June 2015,

Amendment  53

Proposal for a directive

Article 4 – paragraph 4 a (new)

Text proposed by the Commission

Amendment

4a. Member States shall provide subsidies and technical advice for historic buildings or centres to undertake specific programmes for adaptation to energy efficiency.

Amendment  54

Proposal for a directive

Article 4 – paragraph 4 b (new)

Text proposed by the Commission

Amendment

4b. Systems for the production of energy and insulation measures located in historic centres shall be subject to visual impact assessments.

Amendment  55

Proposal for a directive

Article 5

Text proposed by the Commission

Amendment

1. The Commission shall establish by 31 December 2010 a comparative methodology for calculating cost-optimal levels of minimum energy performance requirements for buildings or parts thereof. The comparative methodology shall differentiate between new and existing buildings and between different categories of buildings.

1. The Commission shall, after consulting the relevant stakeholders and in particular representatives from local, regional and national authorities and on the basis of the principles set out in Annex IIIa, establish by 31 March 2010 a common methodology for calculating cost-optimal levels of minimum energy performance requirements for buildings or parts thereof. This common methodology may refer to relevant European standards and shall:

 

- differentiate between new and existing buildings and between different categories of buildings,

 

- reflect the different climatic conditions in different Member States and the likely change in these conditions over the lifetime of the building concerned, and

 

- set out common assumptions or calculation methods for energy costs.

 

The Commission shall review and, if necessary, update the common methodology every five years.

Those measures designed to amend non-essential elements of this Directive by supplementing it shall be adopted in accordance with the procedure referred to in Article 19(2).

Those measures designed to amend non-essential elements of this Directive by supplementing it shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 21(2).

2. Member States shall calculate cost-optimal levels of minimum energy performance requirements using the comparative methodology established in accordance with paragraph 1 and relevant parameters, such as climatic conditions, and compare the results of this calculation to the minimum energy performance requirements which they have laid down.

2. Member States shall calculate cost-optimal levels of minimum energy performance requirements using the common methodology established in accordance with paragraph 1 and relevant parameters, such as climatic conditions.

They shall report to the Commission all input data and assumptions used for these calculations and all calculation results. The report may be included in the Energy Efficiency Action Plans referred to in Article 14(2) of Directive 2006/32/EC. Member States shall submit to the Commission those reports every three years. The first report shall be submitted by 30 June 2011 at the latest.

They shall report to the Commission all input data and assumptions used for these calculations and all calculation results. The report shall be included in the Energy Efficiency Action Plans referred to in Article 14(2) of Directive 2006/32/EC. Member States shall submit to the Commission those reports every three years. The first report shall be submitted by 30 June 2011 at the latest.

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

3. The Commission shall publish a report on the progress of the Member States in implementing this Article.

Amendment  56

Proposal for a directive

Article 6

Text proposed by the Commission

Amendment

1. Member States shall take the necessary measures to ensure that new buildings meet the minimum energy performance requirements set in accordance with Article 4.

Member States shall take the necessary measures to ensure that new buildings meet the minimum energy performance requirements set in accordance with Article 4 and the provisions set out in Article 9.

For new buildings, Member States shall ensure that, before construction starts, the technical, environmental and economic feasibility of the following alternative systems  is considered and taken into account:

For new buildings, Member States shall ensure that the feasibility of high-efficiency alternative systems is considered and taken into account. These alternative systems may include but are not limited to:

(a) decentralised energy supply systems based on renewable energy;

(a) decentralised energy supply systems based on energy from renewable sources;

(b) cogeneration;

(b) cogeneration;

(c) district or block heating or cooling, if available;

(c) district or block heating or cooling, if available, particularly that based entirely or partially on energy from renewable sources;

(d) heat pumps.

(d) heat pumps;

 

(da) ICT equipment for monitoring and control purposes

2. Member States shall ensure that the analysis of alternative systems referred to in paragraph 1 is documented in a transparent manner in the application for the building permit or for the final approval of construction works of the building.

 

Amendment  57

Proposal for a directive

Article 7

Text proposed by the Commission

Amendment

Member States shall take the necessary measures to ensure that when buildings undergo major renovation, their energy performance is upgraded in order to meet minimum energy performance requirements in so far as this is technically, functionally and economically feasible. Member States shall determine these minimum energy performance requirements in accordance with Article 4. The requirements may be set either for the renovated building as a whole or for the renovated systems or components when these are part of a renovation to be carried out within a limited time period, with the objective of improving the overall energy performance of the building or parts thereof.

Member States shall take the necessary measures to ensure that when buildings undergo major renovation or building components and technical building systems or parts thereof are retrofitted or replaced, their energy performance is upgraded in order to meet at least minimum energy performance requirements in so far as this is technically, functionally and economically feasible. Member states shall determine these minimum energy performance requirements in accordance with Article 4 and the requirements set out in Article 9. The requirements shall be set for both the renovated systems and building components whenever they are retrofitted or replaced, and for the renovated building as a whole in the case of a major renovation.

 

Member States shall encourage, in relation to buildings undergoing major renovation, the following high-efficiency alternative systems being considered and taken into account:

 

(a) decentralised energy supply systems based on energy from renewable sources;

 

(b) cogeneration;

 

(c) district or block heating or cooling, if available, particularly that based entirely or partially on energy from renewable sources;

 

(d) heat pumps;

 

(da) ICT equipment for monitoring and control purposes

Amendment  58

Proposal for a directive

Article 8

Text proposed by the Commission

Amendment

Technical building systems

Technical building systems and building components

1. Member States shall set minimum energy performance requirements in respect of technical building systems which are installed in buildings. Requirements shall be set for new, replacement and retrofit of technical building systems and parts thereof.

1. Member States shall set minimum energy performance requirements in respect of building components and of technical building systems which are installed and brought into operation in buildings and which are not covered by Directive 2009/.../EC [establishing a framework for the setting of eco-design requirements for energy-related products] and its implementing measures. Requirements shall be set for new, replacement and retrofit of operating equipment, technical building systems and building components and parts thereof and shall be applied in so far as they are technically and functionally feasible.

The requirements shall in particular cover the following components:

The requirements shall in particular cover the following components:

(a) boilers or other heat generators of heating systems;

(a) boilers, other heat generators or heat exchangers of heating systems, including district or block heating and cooling;

(b) water heaters in hot water systems;

(b) water heaters in hot water systems;

(c) central air conditioning unit or cold generator in air-conditioning systems.

(c) central air conditioning unit or cold generator in air-conditioning systems;

 

(ca) installed lighting;

 

(cb) building components as defined in Article 2(5a).

2. The minimum energy performance requirements set in accordance with paragraph 1 shall be consistent with the legislation applicable to the product(s) which compose the system and be based on proper installation of the product(s) and appropriate adjustment and control of the technical building system. In particular, those requirements shall ensure that a proper hydraulic balance of hydraulic wet heating systems is achieved and that the appropriate size and type of the product(s) have been used for the installation having regard to the intended use of the technical building system.

2. The minimum energy performance requirements set in accordance with paragraph 1 shall be consistent with any legislation applicable to the product(s) which compose the systems and building components and be based on proper installation of the product(s) and appropriate adjustment and control of the technical building system. In the case of technical building systems, those requirements shall ensure that they are properly adjusted when brought into operation, that a proper hydraulic balance of hydraulic wet heating systems is achieved and that the appropriate size and type of the product(s) have been used for the installation having regard to the intended use of the technical building system.

Amendment  59

Proposal for a directive

Article 8 - paragraph 2a (new)

Text proposed by the Commission

Amendment

 

2a. Member States shall ensure that smart meters are installed in all new buildings and all buildings undergoing a major renovation and whenever a meter is replaced, and shall encourage the installation of active control systems such as automation, control and monitoring systems, where appropriate.

Amendment  60

Proposal for a directive

Article 9

Text proposed by the Commission

Amendment

Buildings of which both carbon dioxide emissions and primary energy consumption are low or equal to zero

Net zero energy buildings

1. Member States shall draw up national plans for increasing the number of buildings of which both carbon dioxide emissions and primary energy consumption are low or equal to zero. They shall set targets for the minimum percentage which those buildings in 2020 shall constitute of the total number of buildings and represent in relation to the total useful floor area.

1. Member States shall draw up national plans for increasing the number of net zero energy buildings as defined in Article 2(1c).

Members States shall ensure that all new buildings are at least net zero energy buildings by 31 December 2018 at the latest.

 

Member States shall set targets for the minimum percentage of buildings which shall be, by 2015 and by 2020 respectively, net zero energy buildings, measured as a percentage of the total number of buildings and as a percentage in relation to the total useful floor area.

Separate targets shall be set for:

Separate targets shall be set for:

(a) new and refurbished residential buildings;

(a) new and refurbished residential buildings;

(b) new and refurbished non-residential buildings;

(b) new and refurbished non-residential buildings;

(c) buildings occupied by public authorities.

(c) buildings occupied by public authorities.

Member States shall set the targets referred to in point (c) taking into account the leading role which public authorities should play in the field of energy performance of buildings.

For buildings referred to in point (c), Member States shall set targets to be reached significantly in advance of the periods set out in the first and second subparagraphs, taking into account the leading role which public authorities should play in the field of energy performance of buildings.

2. The national plan referred to in paragraph 1 shall include inter alia the following elements:

2. The national plan referred to in paragraph 1 shall be drawn up after consulting all relevant stakeholders, including local and regional authorities, and include inter alia the following elements:

(a) the Member State's definition of buildings of which both carbon dioxide emissions and primary energy consumption are low or equal to zero;

 

(b) intermediate targets expressed as a percentage which those buildings shall constitute of the total number of buildings and represent in relation to the total useful floor area in 2015;

(b) intermediate targets expressed as a percentage which those buildings shall constitute of the total number of buildings and represent in relation to the total useful floor area in 2015 and 2020;

 

(ba) details of the national requirements concerning minimum levels of energy from renewable sources in new buildings and existing buildings undergoing major renovation, as required under Directive 2009/xx/EC on promotion of the use of energy from renewable sources and Articles 6 and 7 of this Directive;

(c) information on the measures undertaken for the promotion of those buildings.

(c) a summary of all policies and information on the measures undertaken for the promotion of those buildings;

 

(ca) national, regional or local programmes to support measures for the promotion of these buildings such as fiscal incentives, financial instruments or reduced VAT.

3. Member States shall communicate the national plans referred to in paragraph 1 to the Commission by 30 June 2011 at the latest and report to the Commission every three years on the progress in implementing their national plans. The national plans and progress reports may be included in the Energy Efficiency Action Plans referred to in Article 14(2) of Directive 2006/32/EC.

3. Member States shall communicate the national plans referred to in paragraph 1 to the Commission by 30 June 2011 at the latest and report to the Commission every three years on the progress in implementing their national plans. The national plans and progress reports shall be included in the Energy Efficiency Action Plans referred to in Article 14(2) of Directive 2006/32/EC.

 

3a. Within two months of the communication of a national plan by a Member State referred to in paragraph 3, the Commission, taking full account of the subsidiary principle, may reject that plan, or any aspect thereof, on the basis that it does not respect all of the requirements of this Article. In this case, the Member State concerned shall propose amendments. Within one month of receiving these proposals, the Commission shall accept the amended plan or request further specific amendments. The Commission and the Member State concerned shall take all reasonable steps to reach an agreement on the national plan within five months of the date of the initial communication.

4. The Commission shall establish common principles for defining buildings of which both carbon dioxide emissions and primary energy consumption are low or equal to zero.

4. The Commission shall, in accordance with the definition set out in Article 2, establish a detailed common definition of net zero energy buildings by 31 December 2010 at the latest.

Those measures designed to amend non-essential elements of this Directive by supplementing it shall be adopted in accordance with the procedure referred to in Article 21(2).

Those measures designed to amend non-essential elements of this Directive by supplementing it shall be adopted in accordance with the procedure referred to in Article 21(2).

5. The Commission shall publish a report on the progress of Member States in increasing the number of buildings of which both carbon dioxide emissions and primary energy consumption are low or equal to zero. On the basis of this report the Commission shall develop a strategy, and, if necessary, propose measures to increase the number of those buildings.

5. The Commission shall by 30 June 2012 and every three years thereafter publish a report on the progress of Member States in increasing the number of net zero energy buildings. On the basis of this report the Commission shall develop an action plan, and, if necessary, propose measures to increase the number of those buildings.

Amendment  61

Proposal for a directive

Article 9 a (new)

Text proposed by the Commission

Amendment

Article 9a

 

Financial Incentives and Market Barriers

 

1. Member States shall, by 30 June 2011, draw up national action plans, including proposed measures, for meeting the requirements laid down in this Directive through reducing existing legal and market barriers and developing existing and new financial and fiscal instruments to increase the energy efficiency of new and existing buildings.

 

These proposed measures shall be sufficient, effective, transparent and non-discriminatory, shall support the execution of the recommendations included in the energy performance certificate, strive to encourage substantial improvements in the energy performance of buildings where an improvement would not otherwise be economically feasible and include measures to support households at risk of energy poverty.

 

Member States shall compare their financial and fiscal instruments with the instruments listed in Annex IIIb and, without prejudice to national legislation, implement at least two measures from that Annex.

 

2. Member States shall communicate these national action plans to the Commission by including them in the Energy Efficiency Action Plans referred to in Article 14(2) of Directive 2006/32/EC and shall update them every three years.

 

3. The Commission shall, by 30 June 2010 at the latest, following an impact assessment, bring forward appropriate legislative proposals to strengthen existing and propose additional Community financial instruments to support the implementation of this Directive

 

These proposals shall consider the following measures:

 

(a) an increase of the maximum amount of the European Regional Development Fund allocation that may be used to support energy efficiency including district heating and cooling and renewable energy investments under Article 7 of Regulation (EC) No 1080/2006 to at least 15% of the total allocation;

 

(b) an extension of the eligibility of projects to increase the energy efficiency of buildings including district heating and cooling and projects for energy from renewable sources for funding from the European Regional Development Fund;

 

(c) the use of other Community funds to support research and development, information campaigns or training related to energy efficiency;

 

(d) the establishment of an Energy Efficiency Fund, based on contributions from the Community budget, the European Investment Bank and Member States to act as a leverage for increasing private and public investments for projects increasing energy efficiency of buildings, including renewable energy in buildings or building components, related to energy efficiency by 2020. This Energy Efficiency Fund shall be integrated into the programming of other Community structural assistance. The criteria for its allocation shall be defined according to EC 1083/2006 and it shall be implemented by 2014, at the latest;

 

(e) reduced VAT for services and products, including renewable energy in buildings or building components, related to energy efficiency.

Justification

This amendment does not concern parts of the proposal for a recast which contain changes. However, it is necessary for pressing reasons relating to the internal logic of the text and inextricably linked to other parts that contain changes, in particular Article 9.

Amendment  62

Proposal for a directive

Article 10

Text proposed by the Commission

Amendment

1.  Member States shall lay down the necessary measures to establish a system of certification of the energy performance of buildings. The energy performance certificate shall include the energy performance of a building and reference values such as minimum energy performance requirements in order to make it possible for owners or tenants of the building or parts thereof to compare and assess its energy performance.

1. Member States shall lay down the necessary measures to establish a system of certification of the energy performance of buildings. The energy performance certificate shall include the energy performance of a building or, where not yet built, the estimated energy performance, and reference values such as minimum energy performance requirements in order to make it possible for owners or tenants of the building or parts thereof to assess its energy performance and to compare it easily with other residential or non-residential buildings. It may for non-residential buildings, if appropriate, also include the actual annual energy that is consumed, as referred to in Annex I.

2. The certificate shall  include recommendations for the cost-effective improvement of the energy performance of a building or parts thereof.

2. The certificate shall include recommendations for the cost-optimal improvement of the energy performance of a building or parts thereof.

The recommendations included in the energy performance certificate shall cover:

The recommendations included in the energy performance certificate shall cover:

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

a) measures carried out in connection with a major renovation of the building envelope, including its insulation systems, or technical building system(s);

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

b) measures for individual parts or elements of a building independent of a major renovation of the building envelope, including its insulation systems, or technical building system(s).

3. The recommendations included in the energy performance certificate shall be technically feasible for the specific building and shall provide transparent information as to their cost-effectiveness. The evaluation of cost-effectiveness shall be based on a set of standard conditions, such as on the assessment of energy savings and underlying energy prices and interest rates for investments necessary to implement the recommendations.

3. The recommendations included in the energy performance certificate shall be technically and functionally feasible for the specific building and shall provide transparent information as to their cost-effectiveness. The evaluation of cost-effectiveness shall be based on a set of standard conditions, which shall include as a minimum the assessment of energy savings and underlying energy prices, financial or fiscal incentives and interest rates for investments necessary to implement the recommendations.

 

3a. Member States shall ensure that public authorities and other institutions which provide financing for the purchase or renovation of buildings take the indicated energy performance and the recommendations from energy performance certificates into account in determining the level and conditions of financial incentives, fiscal measures and loans.

4. The energy performance certificate shall provide an indication as to where the owner or tenant can receive more detailed information regarding the recommendations given in the certificate. In addition, it shall contain information on the steps to be taken to implement the recommendations.

4. The energy performance certificate shall provide an indication as to where the owner or tenant can receive more detailed information regarding the recommendations given in the certificate. In addition, it shall contain information on the steps to be taken to implement the recommendations, including information on available fiscal and financial incentives and financing possibilities.

 

4a. Public authorities, taking into account the leading role which they should play in the field of energy performance of buildings, shall implement the recommendations included in the energy performance certificate issued for buildings occupied by them within its validity period.

5.  Certification for apartments or units designed for separate use in  building  blocks may be based:

5.  Certification for apartments or units designed for separate use in  building  blocks may be based:

(a) on a common certification of the whole building for blocks with a common heating system or

(a) on a common certification of the whole building for blocks with a common heating system or

(b) on the assessment of another representative apartment in the same building block.

(b) on the assessment of the energy performance of that apartment or unit.

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

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

7. The validity of the energy performance certificate shall not exceed 10 years.

7. The validity of the energy performance certificate shall not exceed 10 years.

 

7a. The Commission shall adopt, by 30 June 2010, guidelines specifying minimum standards for the content, language and presentation of energy performance certificates.

 

That measure, designed to amend non-essential elements of this Directive by supplementing it, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 21(2).

 

7b. Each Member State shall recognise certificates issued in another Member State in accordance with these guidelines and shall not restrict the freedom to provide financial services for reasons relating to the certificate issued in that Member State.

Amendment  63

Proposal for a directive

Article 11 – paragraph 1

Text proposed by the Commission

Amendment

1. Member States shall ensure that an energy performance certificate is issued for buildings or parts thereof which are constructed, sold or rented out and for buildings where a total useful floor area over 250 m2 is occupied by a public authority.

1. Member States shall ensure that an energy performance certificate is issued for buildings or parts thereof which are constructed, sold or rented out, and for buildings frequently visited by the public with a total useful floor area over 250 m2 and for buildings occupied by a public authority.

Amendment  64

Proposal for a directive

Article 11 – paragraph 4 a (new)

Text proposed by the Commission

Amendment

4a. A building owner may at any time request an accredited expert to produce, re-calculate and update an energy performance certificate, irrespective of whether the building is being constructed, refurbished, rented out or sold.

Justification

In order to improve energy performance of a building, the interested person should be able to ask for such a certificate, irrespective of whether the building is being constructed, refurbished rented out or sold.

Amendment  65

Proposal for a directive

Article 12

Text proposed by the Commission

Amendment

1. Member States shall take measures to ensure that where a total useful floor area over 250 m2 of a building is occupied by public authorities, the energy performance certificate is displayed in a prominent place clearly visible to the public.

Member States shall take measures to ensure that where a building is occupied by public authorities or where a building with a total useful floor area over 250 m2 is frequently visited by the public the energy performance certificate is displayed in a prominent place clearly visible to the public.

2. Member States shall take measures to ensure that where a total useful floor area over 250 m2 of a building for which an energy performance certificate has been issued in accordance with Article 11(1) is frequently visited by the public, the energy performance certificate is displayed in a prominent place clearly visible to the public.

 

Amendment  66

Proposal for a directive

Article 13 – paragraph 1

Text proposed by the Commission

Amendment

1. Member States shall lay down the necessary measures to establish a regular inspection of heating systems with boilers of an effective rated output of more than 20 kW. The inspection shall include an assessment of the boiler efficiency and the boiler sizing compared to the heating requirements of the building.

1. Member States shall lay down the necessary measures to establish a regular inspection of heating systems with boilers fired by non-renewable liquid or solid fuel of an effective rated output of more than 20 kW. The inspection shall include an assessment of the boiler efficiency and the boiler sizing compared to the heating requirements of the building. Member States may suspend these inspections where an electronic monitoring and control system is in place.

Justification

Electronic monitoring and control system helps assess the energy performance of electricity-consuming equipment and installations thus possibly eliminating the need for additional inspections.

Amendment  67

Proposal for a directive

Article 13 – paragraph 2

Text proposed by the Commission

Amendment

2. The Member States may set different frequencies of inspections depending on the type and effective rated output of the boiler of the heating system. When setting the frequencies Member States shall take into account the costs of the inspection of the heating system and the estimated energy cost savings that may result from the inspection.

2. The Member States may set different frequencies of inspections depending on the type and effective rated output of the heating system. When setting the frequencies Member States shall take into account the costs of the inspection of the heating system and the estimated energy cost savings that may result from the inspection.

Justification

Inspections of the entire heating system, including boilers, will avoid unnecessary administrative burdens and would be more effective.

Amendment  68

Proposal for a directive

Article 13 – paragraph 4 – subparagraph 2 a (new)

Text proposed by the Commission

Amendment

Where the Commission considers that the report by the Member State referred to in the second subparagraph does not demonstrate the equivalence of a measure referred to in the first subparagraph, it may, within six months of receiving the report, request that the Member State either produce further evidence or implement specific additional measures. If, within one year of making this request, the Commission is not satisfied with the evidence provided or additional measures implemented, it may withdraw the derogation.

Justification

It is important to define a clear procedure for the approval in the case of the use of the derogation from paragraphs 1, 2 and 3. Member States need certainty when applying these derogations.

Amendment  69

Proposal for a directive

Article 14

Text proposed by the Commission

Amendment

1. Member States shall lay down the necessary measures to establish a regular inspection of air-conditioning systems of an effective rated output of more than 12 kW. The inspection shall include an assessment of the air-conditioning efficiency and the sizing compared to the cooling requirements of the building.

1. Member States shall lay down the necessary measures to establish a regular inspection of air-conditioning and ventilation systems, and reversible heat pumps with an effective rated output of more than 5 kW. The inspection shall include an assessment of the air-conditioning efficiency and the sizing compared to the cooling requirements of the building. The inspection of ventilation systems shall also include an assessment of the airflows.

 

Member States may suspend these inspections where an electronic monitoring and control system is in place.

2. The Member States may set different frequencies of inspections depending on the type and effective rated output of the air-conditioning system. When setting the frequencies Member States shall take into account the costs of the inspection of the air-conditioning system and the estimated energy cost savings that may result from the inspection.

2. The Member States may set different frequencies of inspections depending on the type and effective rated output of the air-conditioning system, the ventilation system or reversible heat pumps. When setting the frequencies Member States shall take into account the costs of the inspection and the estimated energy cost savings that may result from the inspection.

 

2a. In laying down the measures referred to in paragraphs 1 and 2, Member States shall, as far as is economically and technically feasible, ensure that inspections are carried out in accordance with inspection of heating systems and other technical systems referred to in Article 13 of this Directive and inspection of leakages as laid down in Regulation CE842/2006.

2b. By derogation from paragraphs 1 and 2 Member States may decide to take measures to ensure the provision of advice to users on the replacement of air conditioning systems or on other modifications to the air conditioning system which may include inspections to assess the efficiency and appropriate size of the air conditioning system. The overall impact of this approach shall be equivalent to that arising from the provisions set out in paragraphs 1 and 2.

 

Where Member States apply the measures referred to in the first subparagraph, they shall by 30 June 2011 at the latest, submit to the Commission a report on the equivalence of those measures to measures laid down in paragraphs 1 and 2. Member States shall submit these reports to the Commission every three years. The reports may be included in the Energy Efficiency Action Plans referred to in Article 14(2) of Directive 2006/32/EC.

 

Where the Commission considers that the report by the Member State referred to in the second subparagraph does not demonstrate the equivalence of a measure referred to in the first subparagraph, it may, within six months of receiving the report, request that the Member State either produce further evidence or implement specific additional measures. If, within one year of making this request, the Commission is not satisfied with the evidence provided or additional measures implemented, it may withdraw the derogation.

Amendment  70

Proposal for a directive

Article 16

Text proposed by the Commission

Amendment

Member States shall ensure that the energy performance certification of buildings, the inspection of heating systems and air-conditioning systems are carried out in an independent manner by qualified and accredited experts, whether operating as self-employed or employed by public bodies or private enterprises bodies.

1. Member States shall ensure that the energy performance certification of buildings, the inspection of heating systems and air-conditioning systems are carried out in an independent manner by qualified and accredited experts, whether operating as self-employed or employed by public bodies or private enterprises bodies.

Experts shall be accredited taking into account their competence and their independence.

Experts shall be accredited taking into account their competence and their independence.

 

2. Member States shall ensure mutual recognition of national qualification and accreditation.

 

3. By 2011 the Commission shall establish guidelines including recommendations for minimum standards for the regular training of experts.

 

That measure, designed to amend non-essential elements of this Directive by supplementing it, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 21(2).

 

4. Member States shall make available to the public information on training and accreditation. Member States shall also set up and make available a register of qualified and accredited experts.

Amendment  71

Proposal for a directive

Article 17 – paragraph 1

Text proposed by the Commission

Amendment

1. Member States shall ensure that an independent control system for energy performance certificates and reports on the inspection of heating and air conditioning systems is established in accordance with Annex II.

1. Member States shall ensure that an independent control system for energy performance certificates and reports on the inspection of heating and air conditioning systems is established in accordance with Annex II. Member States shall establish split enforcement mechanisms for organisations which have responsibility for the enforcement of energy performance certificates and reports on the inspection of heating and air conditioning systems.

Justification

Split enforcement mechanisms (for organisations, e.g. local authorities, which have responsibility for the enforcement of energy performance certificates and report on the inspection of heating/air conditioning systems) is essential for the effective implementation of the Directive and to avoid inevitable conflicts of interest where an organisation may be required to issue a penalty notice against itself.

Amendment  72

Proposal for a directive

Article 18 - introductory part

Text proposed by the Commission

Amendment

The Commission, assisted by the Committee established by Article 21, shall evaluate this Directive in the light of experience gained during its application, and, if necessary, make proposals with respect to, inter alia:

The Commission, assisted by the Committee established by Article 21, shall evaluate this Directive and consider a revision by 2015, in the light of experience gained and progress made during its application, and, if necessary, make proposals with respect to, inter alia:

Amendment  73

Proposal for a directive

Article 18 – point b a (new)

Text proposed by the Commission

Amendment

 

 

 

 

 

 

 

(ba) establishing a Community-wide requirement for existing buildings to be net zero energy buildings.

Justification

The progress report presented by the Commission should analyse the current status of the implementation of the directive and shall propose measures for the increase of the percentage of existing buildings that are net zero energy buildings.

Amendment  74

Proposal for a directive

Article 19

Text proposed by the Commission

Amendment

Member States shall take the necessary measures to inform the owners or tenants of buildings or parts thereof as to the different methods and practices that serve to enhance energy performance.

1. Member States shall take the necessary measures to inform the owners and tenants of buildings or parts thereof as to the different methods and practices that serve to enhance energy performance.

Member States shall in particular provide information to the owners or tenants of buildings on energy performance certificates and inspection reports, their purpose and objectives, on cost-effective ways to improve the energy performance of the building and on mid- and long-term financial consequences if no action is taken to improve the energy performance of the building.

2. Member States shall in particular provide information to the owners and tenants of buildings on energy performance certificates and inspection reports, their purpose and objectives, on cost effective ways to improve the energy performance of the building and on mid- and long-term financial consequences if no action is taken and on financial instruments available to improve the energy performance of the building. Information campaigns shall aim to encourage owners and tenants to meet at least the minimum requirements set out in Articles 4 and 9.

 

3. Member States shall ensure that local and regional authorities are involved in the development of programmes to provide information and training and to raise awareness.

Amendment  75

Proposal for a directive

Article 19 – paragraph 3 a (new)

Text proposed by the Commission

Amendment

3a. Member States shall also ensure, with participation from local and regional authorities, that suitable guidance and training is made available for those responsible for implementing this Directive through planning and enforcement of building standards. In particular such guidance and training shall reinforce the importance of improving energy performance and shall enable consideration of the optimal combination of improvements in energy efficiency, use of renewable energy and use of district heating and cooling when planning, designing, building and renovating industrial or residential areas.

Justification

It is important that suitable guidance and training to be made available through planning and enforcement of building standards. In particular such guidance and training should reinforce the importance of improving energy performance and should enable consideration of the optimal combination of improvements in energy efficiency, use of renewable energy and use of district heating and cooling when planning, designing, building and renovating industrial or residential areas.

Amendment  76

Proposal for a directive

Article 19 – paragraph 3 b (new)

Text proposed by the Commission

Amendment

3b. Owners and tenants of commercial buildings shall be obliged to exchange information regarding actual energy consumption.

Justification

Since the energy performance is influenced significantly by the way a building is used and the energy choices of tenants, both owners AND tenants need to have access to information about making energy efficiency improvements. Owners and tenants of commercial buildings should also be obliged to exchange information about the actual use of the building or part thereof in order to ensure all the data is available to make informed decisions about necessary improvements.

Amendment  77

Proposal for a directive

Article 19 – paragraph 3 c (new)

Text proposed by the Commission

Amendment

 

 

3c. Member States shall provide information to the Commission regarding:

 

(a) support schemes at national, regional and local level for the promotion of energy efficiency and the use of energy from renewable sources in buildings ;

 

(b) the share of energy from renewable sources used in the buildings sector at national and regional level, including specific information about whether the renewable energy comes from on-site devices, district heating and cooling or cogeneration;

 

This information shall be included in the Energy Efficiency Action Plans referred to in Article 14(2) of Directive 2006/32/EC.

Amendment  78

Proposal for a directive

Article 19 – paragraph 3 d (new)

Text proposed by the Commission

Amendment

3d. Member States shall take the necessary measures to train more installers and to ensure training to a higher level of competence for the installation and integration of the energy efficient and renewable technology required, so as to enable them to play the key role they have to support the improvement of building energy efficiency.

Justification

It is important that suitable training to be made available to installerss. Such training should reinforce the importance of improving energy performance.

Amendment  79

Proposal for a directive

Article 19 – paragraph 3 e (new)

Text proposed by the Commission

Amendment

3e. By 2010, the Commission shall establish a website, which shall contain the following information:

 

(a) the latest version of every Energy Efficiency Action Plan referred to in Article 14(2) of Directive 2006/32/EC;

 

(b) details of measures currently in place at Community level to improve the energy performance of buildings, including any applicable financial/fiscal instrument, appropriate application or contact details;

 

(c) details of national action plans and of national, regional and local measures currently in place in each Member State to improve the energy performance of buildings, including any applicable financial or fiscal instrument, any appropriate application or contact details;

 

(d) examples of best practice at national, regional and local level on improving the energy performance of buildings.

 

The information referred to in the first subparagraph shall be in a form which is easily accessed and understood by ordinary tenants, owners and businesses from all Member States, as well as by all local, regional and national authorities. It shall be in a form which will assist these individuals and organisations easily to assess the support available to them to improve the energy performance of buildings, and to compare support measures between Member States.

Justification

The implementation of the Directive shall be accelerated by the creation of a web site, build and updated by the Commission together with Member States, aimed at helping Member States and other interested parties to receive and share information on best practices and on the national programs and on the financial/fiscal instruments available.

Amendment  80

Proposal for a directive

Article 22

Text proposed by the Commission

Amendment

Member States shall lay down the rules on penalties applicable to infringements of the national provisions adopted pursuant to this Directive and shall take all measures necessary to ensure that they are implemented. The penalties provided for must be effective, proportionate and dissuasive. Member States shall communicate those provisions to the Commission by 31 December 2010 at the latest and shall notify it without delay of any subsequent amendment affecting them

Member States shall lay down the rules on penalties applicable to infringements of the national provisions adopted pursuant to this Directive and shall take all measures necessary to ensure that they are implemented. The penalties provided for must be effective, proportionate and dissuasive. Member States shall communicate those provisions to the Commission by 31 December 2010 at the latest and shall notify it without delay of any subsequent amendment affecting them. Member States shall provide evidence for the effectiveness of the rules on penalties in the Energy Efficiency Action Plans referred to in Article 14(2) of Directive 2006/32/EC

Justification

It is important to make an analysis of the effectiveness of the penalties applied by Member States.

Amendment  81

Proposal for a directive

Annex I – point 1

Text proposed by the Commission

Amendment

1. The energy performance of a building shall be determined on the basis of the calculated or actual annual energy that is consumed in order to meet the different needs associated with its typical use and shall reflect the heating energy needs and cooling energy needs (energy needed to avoid over-heating) to maintain the envisaged temperature conditions of the building.

1. The energy performance of a building shall be determined on the basis of the calculated or actual annual primary energy that is consumed in order to meet the different needs associated with its customary use and shall reflect the heating energy needs and cooling energy needs (energy needed to avoid over-heating) to maintain the envisaged temperature conditions of the building. Consumption shall be balanced where applicable against energy produced by energy from renewable sources on site.

Justification

The methodology for calculating the energy performance of buildings should take into account the next generation of buildings, and in particular the potential of self-sufficiency in buildings that will both produce and consume energy. Therefore the general framework for the calculation should consider both consumption and internal production.

Amendment  82

Proposal for a directive

Annex I – point 2

Text proposed by the Commission

Amendment

2. The energy performance of a building shall be expressed in a transparent manner and shall also include a numeric indicator of carbon dioxide emissions and primary energy use.

2. The energy performance of a building shall be expressed in a transparent manner and shall also include a numeric indicator of primary energy use, expressed in kWh/m2 per year.

The methodology of calculation of energy performance of buildings should take into account European standards.

The methodology of calculation of energy performance of buildings shall use European standards and relevant Community legislation, including Directive 2009/.../EC [on the promotion of the use of energy from renewable sources].

Justification

A common unit for the energy performance of a building, expressed in terms of primary energy demand, should be set to ensure transparency and comparability. kWh/m2 per year is the only unit that provides such reliable information. Furthermore, calculations methods included in relevant EU legislations must be taken into account. The recently adopted Directive on renewable energies is a clear case when calculating for example the net amount of renewables transferred by heat pumps.

Amendment  83

Proposal for a directive

Annex I – point 2 – subparagraph 1 a (new)

Text proposed by the Commission

Amendment

 

When assessing the energy performance of electricity use in a building, the conversion factor from final to primary energy shall take into consideration the annual weighted average of the appropriate electricity fuel mix.

Justification

The proposed amendment avoids the risk of altering the energy performance of a building by simply switching the electricity supplier. The efficiency in generating electricity, in fact, varies according to fuel and technology used.

Amendment  84

Proposal for a directive

Annex I – point 3 – point a – point ii

Text proposed by the Commission

Amendment

(ii) insulation;

(ii) insulation; as achieved by the lowest thermally conductive materials available;

Justification

Insulation techniques are a crucial element for determining the energy efficiency of a building. Member States shall consider the isolating value of the most performing insulating foams available in the market when setting the energy efficiency objectives for buildings.

Amendment  85

Proposal for a directive

Annex I – point 3 - point c

Text proposed by the Commission

Amendment

(c) air-conditioning installations;

(c) air-conditioning installations, including cooling systems;

Justification

To calculate energy performance of buildings, it is important to consider the interaction between heating, cooling and ventilation systems. E.g. systems including heat recovery mechanisms can contribute to more efficient energy use. E.g., heat extracted from one room during cooling may be used for heating another room. Also heat exchange may be done between incoming and outgoing air through heat recovery ventilation, which will reduce the energy use of the cooling or heating system. Also adequate zone control can contribute to energy savings when it comes to space heating or cooling.

Amendment  86

Proposal for a directive

Annex I – point 3 – point e

Text proposed by the Commission

Amendment

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

(e) build-in lighting systems defined by a lighting design taking into account the appropriate lighting levels for the functions executed at room level, the presence of persons, the availability of the appropriate level of natural light, the flexible adoption of light levels which respect the differences of functions and whether the installation is for the residential or non-residential sector.

Amendment  87

Proposal for a directive

Annex I – point 5 – point h a (new)

Text proposed by the Commission

Amendment

 

(ha) wholesale and logistics buildings;

Justification

‘Wholesale and retail trade services buildings’ is too broad a category as this would encompass logistics centres, stand alone stores, shopping centre and commercial mixed use buildings, each of which is unique in terms of its energy needs.

Amendment  88

Proposal for a directive

Annex II – point 1 – introductory part

Text proposed by the Commission

Amendment

1. The competent authorities or bodies to whom responsibilities for implementing the independent control system have been delegated by the competent authorities shall make a random selection of at least 0.5 % of all the energy performance certificates issued annually and subject these to verification. The verification shall be carried out at one of the three alternative levels indicated below and each verification level shall be carried out at least for a statistically significant proportion of the certificates selected:

1. The competent authorities or bodies to whom responsibilities for implementing the independent control system have been delegated by the competent authorities shall make a random selection of at least 0.5 % of all the energy performance certificates issued annually by each expert and subject these to verification. If an independent expert issues only a few certificates, the competent authorities or bodies shall make a random selection of at least one certificate and subject it to verification. The verification shall be carried out at one of the three alternative levels indicated below and each verification level shall be carried out at least for a statistically significant proportion of the certificates selected:

Justification

The independent control system to check the validity and quality of the certificates and inspection reports should be strengthened by ensuring that the work of each expert is regularly controlled. In case of irregularities, a second level of checks, together with the imposition of sanctions on the experts at fault, will deter infractions of the rules on the quality of the certificates and inspection reports.

Amendment  89

Proposal for a directive

Annex II – point 1 a (new)

Text proposed by the Commission

Amendment

1a. If the checks demonstrate non compliance, the competent authorities or bodies shall make a random selection of an additional five certificates issued by the same expert and subject these to verification. Competent authorities or bodies shall impose penalties on the expert if the additional checks show non-compliance; the most serious infringements may be punished with the withdrawal of the expert’s accreditation.

Justification

The independent control system to check the validity and quality of the certificates and inspection reports should be strengthened by ensuring that the work of each expert is regularly controlled. In case of irregularities, a second level of checks, together with the imposition of sanctions on the experts at fault, will deter infractions of the rules on the quality of the certificates and inspection reports.

Amendment  90

Proposal for a directive

Annex II – point 2 – introductory part

Text proposed by the Commission

Amendment

2. The competent authorities or bodies to whom responsibilities for implementing the independent control system have been delegated by the competent authorities shall make a random selection of at least 0.1 % of all the inspection reports issued annually and subject these to verification. The verification shall be carried out at one of the three alternative levels indicated below and each verification level shall be carried out at least for a statistically significant proportion of the inspection reports selected:

2. The competent authorities or bodies to whom responsibilities for implementing the independent control system have been delegated by the competent authorities shall make a random selection of at least 0.1 % of all the inspection reports issued annually by each expert and subject these to verification. If an independent expert issues only a few inspection reports, the competent authorities or bodies shall make a random selection of at least one inspection report and subject it to verification. The verification shall be carried out at one of the three alternative levels indicated below and each verification level shall be carried out at least for a statistically significant proportion of the inspection reports selected:

Justification

The independent control system to check the validity and quality of the certificates and inspection reports should be strengthened by ensuring that the work of each expert is regularly controlled. In case of irregularities, a second level of checks, together with the imposition of sanctions on the experts at fault, will deter infractions of the rules on the quality of the certificates and inspection reports.

Amendment  91

Proposal for a directive

Annex II – point 2 a (new)

Text proposed by the Commission

Amendment

2a. If the checks demonstrate non compliance, the competent authorities or bodies shall make a random selection of an additional five inspection reports issued by the same expert and subject these to verification. Competent authorities or bodies shall impose penalties on the expert if the additional checks show non-compliance; the most serious infringements may be punished with the withdrawal of the expert’s accreditation

Justification

The independent control system to check the validity and quality of the certificates and inspection reports should be strengthened by ensuring that the work of each expert is regularly controlled. In case of irregularities, a second level of checks, together with the imposition of sanctions on the experts at fault, will deter infractions of the rules on the quality of the certificates and inspection reports.

Amendment  92

Proposal for a directive

Annex III a (new)

Text proposed by the Commission

Amendment

 

Annex III a

 

Principles for a common methodology on calculating cost-optimal levels

In setting a common methodology for calculating cost-optimal levels, the Commission shall take into consideration at least the following principles:

 

- define reference buildings that are characterised by and representative of their functionality and geographic location, including indoor and outdoor climate conditions. The reference buildings shall cover residential and non-residential buildings, both new and existing;

 

- define technical packages (for example, insulation of the building's envelope or parts thereof, or more energy efficient technical building systems) of energy efficiency and energy supply measures to be assessed;

- define complete technical packages designed to obtain net zero energy buildings

 

- assess heating and cooling energy demand, delivered energy, used primary energy and CO2-emissions of the reference buildings (including the defined technical packages applied);

 

- assess the corresponding, energy related investment costs, energy costs and other running costs of the technical packages applied to the reference buildings.

 

By calculating the life-cycle costs of a building on the basis of technical packages of measures applied to a reference building and setting them in relation to the energy performance and/or CO2 emissions, the cost-efficiency of different levels of minimum energy performance requirements shall be assessed.

Amendment  93

Proposal for a directive

Annex III b (new)

Text proposed by the Commission

Amendment

Annex III b

 

Financial instruments for improving the energy performance of buildings

 

Without prejudice to national legislation, Member States shall implement at least two financial instruments from the following list:

 

(a) VAT reductions for energy saving, high energy performance and renewable energy goods and services;

 

(b) other tax reductions for energy saving goods and services or energy efficient buildings, including fiscal rebates on income or property taxes;

 

(c) direct subsidies;

 

(d) subsidised loan schemes or low interest loans;

 

(e) grant schemes;

 

(f) loan guarantee schemes;

 

(g) requirements on or agreements with energy suppliers to offer financial assistance to all categories of consumers;

Justification

This amendment does not concern parts of the proposal for a recast which contain changes. However, it is necessary for pressing reasons relating to the internal logic of the text and inextricably linked to other parts that contain changes, in particular Article 9.

(1)

OJ C 77, 28.3.2002, p. 1.


EXPLANATORY STATEMENT

The Importance of Energy Efficiency

Europe faces a series of major short, medium and long term challenges relating to energy supply and demand.

Europe needs a sustainable, low carbon future. The EU has set itself very ambitious targets for 2020: cutting greenhouse gases by 20% (30% if international agreement is reached), saving 20% of energy consumption through increased energy efficiency and meeting 20% of our energy needs from renewable sources.

The EU also faces a considerable economic downturn. GDP declined by 0.2% in the EU27 during the third quarter of 2008, compared with the previous quarter. In the euro area (EA15) seasonally-adjusted unemployment rate was up to 7.8% in November 2008.

The price and reliability of energy supply will be a critical factor in both EU competitiveness and the wellbeing of its citizens. At EU level, over the last two years, energy prices for households have increased substantially: by 15% for electricity, 21% for gasoil and 28% for natural gas. This will have had significant impacts on the most vulnerable members of society.

Promoting 'green jobs' has the potential to be a critical part of the EU recovery plan. Investments in energy efficiency, which are often labour intensive, have a particularly important role to play in job creation. Research commissioned by the Commission indicates that investments in energy efficiency generate as much or more employment as investments in traditional infrastructures (road, bridges, or energy transmission).

The gas crisis at the end of 2008 and the beginning of 2009 underlined the challenges to the EU's security of supply, and its dependency on external gas supply. The EU-27 depends on imports for 51% of its energy needs.

Increasing energy efficiency is the most cost effective way for the EU to: deliver its CO2 emissions goals, create jobs, reduce costs for business, address the social impacts of energy price rises and reduce the EU's growing dependency on external energy suppliers.

Improving the energy performance of buildings, which represents around 40% of energy consumption, is a particularly critical step. Given the context described above, it is now the right moment for the EU to revisit and improve the Energy Performance of Buildings Directive.

Barriers to Progress

The Commission's stated intention in proposing this recast is two-fold:

· To apply the experience obtained since the original Directive came into force in 2002;

·  To ensure a more uniform and rigorous application of the provisions of this legislation.

The principle of the recast has been broadly welcomed within the construction and energy sectors. But this does not mean however that it does not require close examination and amendment.

In particular, the recast faces a challenge give the disappointing level of implementation of the current Directive. 22 Member States claim full transposition, but the Commission has expressed disappointment with the level of implementation of energy efficiency measures in many Member States; and (although there is no concrete data) the perception is that number of new buildings and renovations incorporating significant energy efficiency improvements are low in many Member States.

Some of the barriers to progress are:

1. Lack of awareness about the possibility of financial savings. This barrier must be removed by information campaigns.

2. Uncertainty and mistrust about the quantity of the savings that will be achieved. Certification and quality management can help to increase the confidence in the results of energy saving measures.

3. Lack of access to finance for large investments in energy saving measures. Governments should set up financial support programs and help to ensure banks can offer finance.

4. The 'effort' involved - particularly for refurbishment and renovation. Information campaigns and support programs should focus on natural investment opportunities, e.g. when occupation changes, combined with district upgrading programs.

Improvements needed to the Directive

Finance:

The Directive should reflect the need for adequate financing to accompany the minimum standards and requirements that will be established. The aim of the Directive will be achieved only if a mix of financial instruments is made available - ideally targeting the most vulnerable households.

There are many potential instruments that Member States and/or the Commission can and should deploy:

· Direct public expenditure projects.

· Loan guarantees and subsidies (useful when it is difficult to obtain credit).

· Social grants.

· VAT reductions for services and products related to the improvement of energy efficiency of buildings

· Property tax reductions.

· Innovative financing models - e.g. financing through repayments based on savings made on energy bills.

· The creation of the European Energy Efficiency and Renewable Energy Fund to support the implementation of this Directive

Until now, the limited use of the structural funds for the energy efficiency of buildings has been allowed only for those Member States that acceded to the European Union on or after 1 May 2004. The Commission has proposed to extend this opportunity to all Member States. The Rapporteur proposes an increase from 3% to 15% in the maximum amount of ERDF funding which can be allocated to such projects.

Information and Awareness

It is vital that all relevant actors are made aware of the benefits of improving energy performance, and have access to relevant information on how to go about it. Member States should be able to exchange information related to best practice.

A common European resource - a website and a database - should be developed containing all applicable legislation, all public programs promoting low CO2 emission and energy-efficient buildings and the applicable financial and fiscal instruments.

Information and awareness campaigns should focus on aspects not covered by the minimum standards.

Local and regional authorities

Member States have an important role in the implementing improvements to energy performance of building

Local and regional authorities should be consulted in the development of the Standardised Methodology for calculating minimum standards methodology.

In addition, Member States must ensure that guidance and training is made available to planners and building inspectors so that they are able properly to consider the optimal combination of renewable energy sources, of high-efficiency technologies and of district heating and cooling when planning, designing, building and renovating industrial or residential areas.

Energy Performance Certificates

'Energy performance' as defined by the Directive may not reflect actual energy use. For buildings where a total useful floor area over 250 m2 is occupied by a public authority and for buildings frequently visited by the public with a total useful floor area over 250 m 2it is relevant to .

provide and display information on actual energy use in the Energy Performance Certificates

Information contained in the display of Energy Performance Certificates in building occupied by public authorities and for other buildings frequented by the public must be accessible and easily comparable. Common standards for display, including a common energy label for such buildings, should be developed by the Commission.

As buildings occupied by public authorities must play an exemplary role in demonstrating and promoting energy efficiency, it reasonable to require them to implement recommendations contained within the EPC in a reasonable timeframe. All building owners, however, should have the right to initiate or revise an EPC at any time, using different experts if they disagree with the recommendations provided.

Finally, it is vital that there is greater standardisation and mutual recognition both for EPCs and the training and accreditation of the experts that provide them, across Member States. The Commission should develop common guidelines for both, which should enable this.

Minimum Standards

Your Rapporteur supports the Commission's approach of ensuring convergence between Member States on the basis for their Minimum standards, and the broad timetables proposed. The approach will allow for flexibility reflecting geographical and climatic differences, whilst also ensuring standards are rigorous and well founded. However, some small improvements are needed.

Given continual improvements in technological and construction know-how, and in the light of the experience of Member States in application, it is logical that the Commission should regularly review and update the standardised methodology for calculating cost optimal energy efficiency.

Member States should not be incentivising new buildings that do not meet the cost optimal levels of energy performance implied by the standardised methodology after 2014. However, your Rapporteur is concerned that applying this timescale to refurbishments is problematic - planning and executing large-scale refurbishment projects is lengthy, so a date of 2014 may mean that important large-scale projects in many countries are delayed and disrupted.

On Exemptions, your Rapporteur sees no reason why secondary residences should be exempted from minimum standards. However, your Rapporteur considers that two years is too short a period for defining a building under temporary use - for example, large companies will need to take up temporary residence in buildings for longer periods whilst their main headquarters are refurbished.

The Rappoerteur agrees with the Commission's proposal to extend minimum standards are applied to all large refurbishments. But an exemption based on technical and economic feasibility applies. It is probable that different Member States and even different local enforcement agencies will define feasibility in different ways, so clear guidance is needed in this area.

Low and zero carbon buildings.

The Commission's proposals here can be strengthened. There is no reason why all new buildings should not meet this standard by 2020. Public buildings should meet it earlier.

The Commission should come forward, by 2013 with a proposal for a common definition of low or zero carbon buildings and a comparative methodology to be used by Member States in refining their national plans and definitions. To ensure that these are rigorous, effective and properly considered, they should be a matter for Co-decision, not Comitology.

Inspection of heating and air conditioning systems.

As inspections of heating and air conditioning systems may be a considerable bureaucratic burden on building owners, it is vital that inspections are aligned, ideally so that both inspections happen at the same time.

The Commission provides a derogation from regular inspections of heating systems if Member States take other measures which are ‘equivalent’. The same rule should apply to air conditioning systems. But the Commission appear to have no means to block the derogation if, in its opinion, the measures are not, in fact, equivalent. This must be rectified.


ANNEX: LETTER FROM THE COMMITTEE ON LEGAL AFFAIRS

Ref.: D(2009)14334

Ms Angelika NIEBLER

Chair of the Committee on Industry, Research and Energy

LOW T06021

STRASBOURG

Subject:   Proposal for a recast: Directive of the European Parliament and of the Council on the energy performance of buildings

                 (COM(2008)0780 – C6-0413/2008 – 2008/0223(COD))

Dear Madam,

The Committee on Legal Affairs, which I am honoured to chair, has examined the proposal referred to above, pursuant to Rule 80a on Recasting, as introduced into the Parliament's Rules of Procedure by its Decision of 10 May 2007.

Paragraph 3 of that Rule reads as follows:

"If the committee responsible for legal affairs considers that the proposal does not entail any substantive changes other than those identified as such in the proposal, it shall inform the committee responsible.

In such a case, over and above the conditions laid down in Rules 150 and 151, amendments shall be admissible within the committee responsible only if they concern those parts of the proposal which contain changes.

However, amendments to the parts which have remained unchanged may be admitted by way of exception and on a case-by-case basis by the chairman of the above committee if he considers that this is necessary for pressing reasons relating to the internal logic of the text or because the amendments are inextricably linked to other admissible amendments. Such reasons must be stated in a written justification to the amendments".

Following the opinion of the Legal Service, whose representatives participated in the meetings of the Consultative Working Party examining the recast proposal, and in keeping with the recommendations of the draftsperson, the Committee on Legal Affairs considers that the proposal in question does not include any substantive changes other than those identified as such in the proposal or in the opinion of the Consultative Working Party and that, as regards the codification of the unchanged provisions of the earlier acts with those changes, the proposal contains a straightforward codification of the existing texts, without any change in their substance.

Furthermore, pursuant to Rules 80a(2) and 80(3), the Committee on Legal Affairs considered that the technical adaptations suggested in the opinion of the abovementioned Working Party were necessary in order to ensure that the proposal complied with the recasting rules.

In conclusion, after discussing it at its meeting of 9 March 2009, the Committee on Legal Affairs by 16 votes in favour(1), and no abstention, recommends that your Committee, as the committee responsible, proceed to examine the above proposal in keeping with its suggestions and in accordance with Rule 80a.

Yours faithfully,

Giuseppe GARGANI

Encl.: Opinion of the Consultative Working Party

(1)

The following Members were present: Giuseppe Gargani (Chairman), Klaus-Heiner Lehne, Eva-Riitta Siitonen, Tadeusz Zwiefka, Neena Gill, Manuel Medina Ortega, Diana Wallis, Francesco Enrico Speroni, Monica Frassoni, Jean-Paul Gauzès, Kurt Lechner, Georgios Papastamkos, Gabriele Stauner, Ieke van den Burg, Vicente Miguel Garcés Ramón, Bill Newton Dunn.


ANNEX: OPINION OF THE CONSULTATIVE WORKING PARTY OF THE LEGAL SERVICES OF THE EUROPEAN PARLIAMENT, THE COUNCIL AND THE COMMISSION

 

 

 

GROUPE CONSULTATIF

DES SERVICES JURIDIQUES

 

                     Brussels, 27.01.2009

OPINION

FOR THE ATTENTION OF           THE EUROPEAN PARLIAMENT

                                                       THE COUNCIL

                                                       THE COMMISSION

Proposal for a directive of the European Parliament and of the Council on the energy performance of buildings

COM(2008) 780 final of 13.11.2008 - 2008/0223 (COD)

Having regard to the Inter-institutional Agreement of 28 November 2001 on a more structured use of the recasting technique for legal acts, and in particular to point 9 thereof, the Consultative Working Party consisting of the respective legal services of the European Parliament, the Council and the Commission met on 26 November and 4 December 2008 for the purpose of examining, among others, the aforementioned proposal submitted by the Commission.

At those meetings(1), an examination of the proposal for a directive of the European Parliament and of the Council recasting Directive 2002/91/EC the European Parliament and of the Council of 16 December 2002 on the energy performance of buildings resulted in the Consultative Working Party’s establishing, by common accord, as follows.

1) The following parts of the text of the recast proposal should have been identified by using the grey-shaded type generally used for marking substantive changes:

- in recital 6, the words "more than" (having been marked with double strikethrough) and the word "approximately" (having been presented between adaptation arrows);

- in recital 9, the final sentence "The methodology for calculating energy performance should not only be based on the season where heating is required, but should cover the annual energy performance of a building" (presented between adaptation arrows);

- in recital 10, the first sentence "Member States should set minimum requirements for the energy performance of buildings. The requirements should be set with a view to achieving the cost-optimal balance between the investments involved and the energy costs saved throughout the life-cycle of the building" (presented between adaptation arrows);

- in recital 13, the part of text having been marked with double strikethrough between the first and second sentences and reading "Best practice should in this respect be geared to the optimum use of factors relevant to enhancing energy performance", as well as the part of text following the second sentence and also having been marked with double strikethrough ("this can be carried out once, by the Member State, through a study which produces a list of energy conservation measures, for average local market conditions, meeting cost-effectiveness criteria. Before construction starts, specific studies may be requested if the measure, or measures, are deemed feasible");

- in recital 18, the part of text marked with double strikethrough preceding the first sentence and reading "The certification process may be supported by programmes to facilitate equal access to improved energy performance; based upon agreements between organisations of stakeholders and a body appointed by the Member States; carried out by energy service companies which agree to commit themselves to undertake the identified investments. The schemes adopted should be supervised and followed up by Member States, which should also facilitate the use of incentive systems. To the extent possible, the certificate should describe the actual energy-performance situation of the building and may be revised accordingly";

- the part of text marked with double strikethrough following Article 11(5) and reading "The objective of the certificates shall be limited to the provision of information, and any effects of these certificates in terms of legal proceedings shall be decided in accordance with national rules";

- the part of text marked with double strikethrough following Article 12(2) and reading "The range of recommended and current indoor temperatures and, when appropriate, other relevant climatic factors may also be clearly displayed";

- in Article 13(1), the words "heating systems with", having been inserted before the word "boilers";

- in Annex I, the wording "These characteristics may also include air-tightness", appearing between the texts of points 3(a) and (b) and having been marked with double strikethrough.

2) The following parts of the recast text correspond to parts of the currently applicable text of Directive 2002/91/EC in respect of which no change is apparently being proposed, and which therefore should have not been marked with grey-shaded type:

- Article 4(1), second subparagraph;

- Article 4(2)(d);

- Article 10(5);

- Article 10(7);

- Article 25.

3) In Article 20, second paragraph, the adding of the initial words "Those measures" constitutes an adaptation made to the existing text of Article 13, second paragraph, of Directive 2002/91/EC which should have been identified by using the appropriate adaptation markers.

In consequence, examination of the proposal has enabled the Consultative Working Party to conclude, without dissent, that the proposal does not comprise any substantive amendments other than those identified as such therein or in the present opinion. The Working Party also concluded, as regards the codification of the unchanged provisions of the earlier act with those substantive amendments, that the proposal contains a straightforward codification of the existing text, without any change in its substance.

C. PENNERA                                  J.-C. PIRIS                           C.-F.DURAND

Jurisconsult                                       Jurisconsult                            Director General

(1)

The Consultative Working Party had at its disposal the English language version of the proposal, being the master-copy language version of the text under discussion.


PROCEDURE

Title

The energy performance of buildings (recast version)

References

COM(2008)0780 – C6-0413/2008 – 2008/0223(COD)

Date submitted to Parliament

13.11.2008

Committee responsible

       Date announced in plenary

ITRE

15.1.2009

Committee(s) asked for opinion(s)

       Date announced in plenary

JURI

15.1.2009

 

 

 

Not delivering opinions

       Date of decision

JURI

9.3.2009

 

 

 

Rapporteur(s)

       Date appointed

Silvia-Adriana Ţicău

2.12.2008

 

 

Legal basis disputed

       Date of JURI opinion

JURI

31.3.2009

 

 

 

Discussed in committee

20.1.2009

16.2.2009

19.3.2009

 

Date adopted

31.3.2009

 

 

 

Result of final vote

+:

–:

0:

36

10

3

Members present for the final vote

Šarūnas Birutis, Jan Březina, Jerzy Buzek, Jorgo Chatzimarkakis, Giles Chichester, Pilar del Castillo Vera, Den Dover, Adam Gierek, Fiona Hall, Rebecca Harms, Erna Hennicot-Schoepges, Mary Honeyball, Ján Hudacký, Romana Jordan Cizelj, Werner Langen, Pia Elda Locatelli, Eugenijus Maldeikis, Eluned Morgan, Antonio Mussa, Angelika Niebler, Reino Paasilinna, Atanas Paparizov, Aldo Patriciello, Francisca Pleguezuelos Aguilar, Anni Podimata, Miloslav Ransdorf, Herbert Reul, Teresa Riera Madurell, Mechtild Rothe, Paul Rübig, Andres Tarand, Britta Thomsen, Catherine Trautmann, Claude Turmes, Nikolaos Vakalis, Adina-Ioana Vălean, Alejo Vidal-Quadras

Substitute(s) present for the final vote

Ivo Belet, Danutė Budreikaitė, Edit Herczog, Gunnar Hökmark, Bernhard Rapkay, Esko Seppänen, Silvia-Adriana Ţicău, Lambert van Nistelrooij

Substitute(s) under Rule 178(2) present for the final vote

Jill Evans, Ona Juknevičienė, Marusya Ivanova Lyubcheva, Willem Schuth

Last updated: 15 April 2009Legal notice