02023L1791 — EN — 05.08.2026 — 001.001
This text is meant purely as a documentation tool and has no legal effect. The Union's institutions do not assume any liability for its contents. The authentic versions of the relevant acts, including their preambles, are those published in the Official Journal of the European Union and available in EUR-Lex. Those official texts are directly accessible through the links embedded in this document
|
DIRECTIVE (EU) 2023/1791 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 13 September 2023 on energy efficiency and amending Regulation (EU) 2023/955 (recast) (OJ L 231 20.9.2023, p. 1) |
Amended by:
|
|
|
Official Journal |
||
|
No |
page |
date |
||
|
DIRECTIVE (EU) 2024/1788 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 13 June 2024 |
L 1788 |
1 |
15.7.2024 |
|
DIRECTIVE (EU) 2023/1791 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
of 13 September 2023
on energy efficiency and amending Regulation (EU) 2023/955 (recast)
(Text with EEA relevance)
CHAPTER I
SUBJECT MATTER, SCOPE, DEFINITIONS AND ENERGY EFFICIENCY TARGETS
Article 1
Subject matter and scope
This Directive lays down rules designed to implement energy efficiency as a priority across all sectors, remove barriers in the energy market and overcome market failures that impede efficiency in the supply, transmission, storage and use of energy. It also provides for the establishment of indicative national energy efficiency contributions for 2030.
This Directive contributes to the implementation of the energy efficiency first principle, thus also contributing to the Union being an inclusive, fair and prosperous society with a modern, resource-efficient and competitive economy.
Article 2
Definitions
For the purposes of this Directive, the following definitions apply:
‘energy’ means energy products as defined in Article 2, point (d), of Regulation (EC) No 1099/2008 of the European Parliament and of the Council ( 2 );
‘energy efficiency first’ means energy efficiency first as defined in Article 2, point (18), of Regulation (EU) 2018/1999;
‘energy system’ means a system primarily designed to supply energy-services to satisfy the demand of end-use sectors for energy in the forms of heat, fuels, and electricity;
‘system efficiency’ means the selection of energy-efficient solutions where they also enable a cost-effective decarbonisation pathway, additional flexibility and the efficient use of resources;
‘primary energy consumption’ or ‘PEC’ means gross available energy, excluding international maritime bunkers, final non-energy consumption and ambient energy;
‘final energy consumption’ or ‘FEC’ means all energy supplied to industry, to transport, including energy consumption in international aviation, to households, to public and private services, to agriculture, to forestry, to fishing and to other end-use sectors, excluding energy consumption in international maritime bunkers, ambient energy and deliveries to the transformation sector and to the energy sector, and losses due to transmission and distribution as defined in Annex A to Regulation (EC) No 1099/2008;
‘ambient energy’ means ambient energy as defined in Article 2, point (2), of Directive (EU) 2018/2001;
‘energy efficiency’ means the ratio of output of performance, service, goods or energy to input of energy;
‘energy savings’ means an amount of saved energy determined by measuring or estimating consumption, or both,, before and after the implementation of an energy efficiency improvement measure, whilst ensuring normalisation for external conditions that affect energy consumption;
‘energy efficiency improvement’ means an increase in energy efficiency as a result of any technological, behavioural or economic changes;
‘energy service’ means the physical benefit, utility or good derived from a combination of energy with energy-efficient technology or with action, which may include the operations, maintenance and control necessary to deliver the service, which is delivered on the basis of a contract and in normal circumstances has proven to result in verifiable and measurable or estimable energy efficiency improvement or primary energy savings;
‘public bodies’ means national, regional or local authorities and entities directly financed and administered by those authorities but not having an industrial or commercial character;
‘total useful floor area’ means the floor area of a building, or part of a building, where energy is used to condition the indoor climate;
‘contracting authorities’ means contracting authorities as defined in Article 6(1) of Directive 2014/23/EU, Article 2(1), point (1), of Directive 2014/24/EU and Article 3(1) of Directive 2014/25/EU;
‘contracting entities’ means contracting entities as defined in Article 7(1) of Directive 2014/23/EU and Article 4(1) of Directive 2014/25/EU;
‘energy management system’ means a set of interrelated or interacting elements of a strategy which sets an energy efficiency objective and a plan to achieve that objective, including the monitoring of actual energy consumption, actions taken to increase energy efficiency and the measurement of progress;
‘European standard’ means a standard adopted by the European Committee for Standardization, the European Committee for Electrotechnical Standardization or the European Telecommunications Standards Institute, which is made available for public use;
‘international standard’ means a standard adopted by the International Organization for Standardization, which is made available for public use;
‘obligated party’ means an energy distributor, retail energy sales company or transmission system operator, which is bound by the national energy efficiency obligation schemes referred to in Article 9;
‘entrusted party’ means a legal entity with delegated power from a government or other public body to develop, manage or operate a financing scheme on behalf of that government or other public body;
‘participating party’ means an enterprise or public body that has committed itself to reaching certain objectives under a voluntary agreement, or that is covered by a national regulatory policy instrument;
‘implementing public authority’ means a body governed by public law which is responsible for the carrying out or monitoring of energy or carbon taxation, financial schemes and instruments, fiscal incentives, standards and norms, energy labelling schemes, training or education;
‘policy measure’ means a regulatory, financial, fiscal, voluntary or information provision instrument formally established and implemented in a Member State to create a supportive framework, requirement or incentive for market actors to provide and purchase energy services and to undertake other energy efficiency improvement measures;
‘individual action’ means an action that leads to verifiable and measurable or estimable energy efficiency improvements and that is undertaken as a result of a policy measure;
‘energy distributor’ means a natural or legal person, including a distribution system operator, who is responsible for transporting energy with a view to its delivery to final customers or to distribution stations that sell energy to final customers;
‘distribution system operator’ means distribution system operator as defined in Article 2, point (29), of Directive (EU) 2019/944 as regards electricity or Article 2, point (6), of Directive 2009/73/EC as regards gas;
‘retail energy sales company’ means a natural or legal person who sells energy to final customers;
‘final customer’ means a natural or legal person who purchases energy for own end use;
‘energy service provider’ means a natural or legal person who delivers energy services or energy efficiency improvement measures in a final customer’s facility or premises;
‘small and medium-sized enterprises’ or ‘SMEs’ means enterprises as defined in Article 2(1) of the Annex to Commission Recommendation 2003/361/EC ( 3 );
‘microenterprise’ means an enterprise as defined in Article 2(3) of the Annex to Recommendation 2003/361/EC;
‘energy audit’ means a systematic procedure with the purpose of obtaining adequate knowledge of the energy consumption profile of a building or group of buildings, an industrial or commercial operation or installation or a private or public service, identifying and quantifying opportunities for cost-effective energy savings, identifying the potential for cost-effective use or production of renewable energy and reporting the findings;
‘energy performance contracting’ means a contractual arrangement between the beneficiary and the provider of an energy efficiency improvement measure, verified and monitored during the whole term of the contract, where the works, supply or service in that measure are paid for in relation to a contractually agreed level of energy efficiency improvement or another agreed energy performance criterion, such as financial savings;
‘smart metering system’ means smart metering system as defined in Article 2, point (23), of Directive (EU) 2019/944 or intelligent metering system as referred to in Directive 2009/73/EC;
‘transmission system operator’ means transmission system operator as defined in Article 2, point (35), of Directive (EU) 2019/944 as regards electricity or Article 2, point (4), of Directive 2009/73/EC as regards gas;
‘cogeneration’ means the simultaneous generation in one process of thermal energy and electrical or mechanical energy;
‘economically justifiable demand’ means a demand that does not exceed the needs for heating or cooling and which would otherwise be satisfied at market conditions by energy generation processes other than cogeneration;
‘useful heat’ means heat produced in a cogeneration process to satisfy an economically justifiable demand for heating or cooling;
‘electricity from cogeneration’ means electricity generated in a process linked to the production of useful heat and calculated in accordance with the general principles set out in Annex II;
‘high-efficiency cogeneration’ means cogeneration meeting the criteria laid down in Annex III;
‘overall efficiency’ means the annual sum of electricity and mechanical energy production and useful heat output divided by the fuel input used for heat produced in a cogeneration process and gross electricity and mechanical energy production;
‘power-to-heat ratio’ means the ratio of electricity from cogeneration to useful heat when operating in full cogeneration mode using operational data of the specific unit;
‘cogeneration unit’ means a unit that is able to operate in cogeneration mode;
‘small-scale cogeneration unit’ means a cogeneration unit with installed capacity below 1 MWe;
‘micro-cogeneration unit’ means a cogeneration unit with a maximum capacity below 50 kWe;
‘efficient district heating and cooling’ means a district heating or cooling system meeting the criteria laid down in Article 26;
‘efficient heating and cooling’ means a heating and cooling option that, compared to a baseline scenario reflecting a business-as-usual situation, measurably reduces the input of primary energy needed to supply one unit of delivered energy within a relevant system boundary in a cost-effective way, as assessed in the cost-benefit analysis referred to in this Directive, taking into account the energy required for extraction, conversion, transport and distribution;
‘efficient individual heating and cooling’ means an individual heating and cooling supply option that, compared to efficient district heating and cooling, measurably reduces the input of non-renewable primary energy needed to supply one unit of delivered energy within a relevant system boundary or requires the same input of non-renewable primary energy but at a lower cost, taking into account the energy required for extraction, conversion, transport and distribution;
‘data centre’ means data centre as defined in Annex A, point 2.6.3.1.16, of Regulation (EC) No 1099/2008;
‘substantial refurbishment’ means a refurbishment the cost of which exceeds 50 % of the investment cost for a new comparable unit;
‘aggregator’ means independent aggregator as defined in Article 2, point (19), of Directive (EU) 2019/944;
‘energy poverty’ means a household’s lack of access to essential energy services, where such services provide basic levels and decent standards of living and health, including adequate heating, hot water, cooling, lighting, and energy to power appliances, in the relevant national context, existing national social policy and other relevant national policies, caused by a combination of factors, including at least non-affordability, insufficient disposable income, high energy expenditure and poor energy efficiency of homes;
‘final user’ means a natural or legal person purchasing heating, cooling or domestic hot water for their own end use, or a natural or legal person occupying an individual building or a unit in a multi-apartment or multi-purpose building supplied with heating, cooling or domestic hot water from a central source, where such a person has no direct or individual contract with the energy supplier;
‘split incentives’ means the lack of fair and reasonable distribution of financial obligations and rewards relating to energy efficiency investments among the actors concerned, for example the owners and tenants or the different owners of building units, or owners and tenants or different owners of multi-apartment or multi-purpose buildings.
‘engagement strategy’ means a strategy that sets objectives, develops techniques and establishes the process by which to involve all relevant stakeholders at national or local level, including civil society representatives such as consumer organisations, in the policy-making process, with the goal of increasing awareness, obtaining feedback on such policies and improving their public acceptance.
‘statistically significant proportion and representative sample of the energy efficiency improvement measures’ means such a proportion and sample which require the establishment of a subset of a statistical population of the energy savings measures in question in such a way as to reflect the entire population of all energy savings measures, and thus allow for reasonably reliable conclusions regarding confidence in the totality of the measures.
Article 3
Energy efficiency first principle
In accordance with the energy efficiency first principle, Member States shall ensure that energy efficiency solutions, including demand-side resources and system flexibilities, are assessed in planning, policy and major investment decisions of a value of more than EUR 100 000 000 each or EUR 175 000 000 for transport infrastructure projects, relating to the following sectors:
energy systems; and
non-energy sectors, where those sectors have an impact on energy consumption and energy efficiency such as buildings, transport, water, information and communications technology (ICT), agriculture and financial sectors.
In applying the energy efficiency first principle, Member States shall:
promote and, where cost-benefit analyses are required, ensure the application of, and make publicly available, cost-benefit methodologies that allow proper assessment of the wider benefits of energy efficiency solutions where appropriate, taking into account the entire life cycle and long-term perspective, system and cost efficiency, security of supply and quantification from the societal, health, economic and climate neutrality perspectives, sustainability and circular economy principles in transition to climate neutrality;
address the impact on energy poverty;
identify an entity or entities responsible for monitoring the application of the energy efficiency first principle and the impacts of regulatory frameworks, including financial regulations, planning, policy and the major investment decisions referred to in paragraph 1 on energy consumption, energy efficiency and energy systems;
report to the Commission, as part of their integrated national energy and climate progress reports submitted pursuant to Article 17 of Regulation (EU) 2018/1999, on how the energy efficiency first principle was taken into account in the national and, where applicable, regional and local planning, policy and major investment decisions related to the national and regional energy systems including at least the following:
an assessment of the application and benefits of the energy efficiency first principle in energy systems, in particular in relation to energy consumption;
a list of actions taken to remove any unnecessary regulatory or non-regulatory barriers to the implementation of the energy efficiency first principle and of demand-side solutions, including through the identification of national legislation and measures that are contrary to the energy efficiency first principle.
Article 4
Energy efficiency targets
Member States shall provide the shares of primary energy consumption and final energy consumption of energy end-use sectors, as defined in Regulation (EC) No 1099/2008, including industry, residential, services and transport, in their national energy efficiency contributions. Member States shall also indicate projections for energy consumption in ICT.
In setting their indicative national energy efficiency contributions referred to in paragraph 2, Member States shall take into account:
the Union’s 2030 final energy consumption target of no more than 763 Mtoe and the primary energy consumption target of no more than 992,5 Mtoe, as provided for in paragraph 1;
the measures provided for in this Directive;
other measures to promote energy efficiency within Member States and at Union level;
any relevant factors affecting efficiency efforts:
early efforts and actions in energy efficiency;
the equitable distribution of efforts across the Union;
the energy intensity of the economy;
the remaining cost-effective energy-saving potential;
other national circumstances affecting energy consumption, in particular:
GDP and demographic evolution and forecast;
changes of energy imports and exports, developments in the energy mix and the deployment of new sustainable fuels;
the development of all sources of renewable energies, nuclear energy, carbon capture and storage;
the decarbonisation of energy intensive industries;
the level of ambition in the national decarbonisation or climate neutrality plans;
economic energy savings potential;
current climate conditions and climate change forecast.
The Commission shall assess that the collective contribution of Member States is at least equal to the Union’s binding target for final energy consumption set out in paragraph 1 of this Article. Where the Commission concludes that it is insufficient, as part of its assessment of the draft updated national energy and climate plans pursuant to Article 9(2) of Regulation (EU) 2018/1999, or at the latest by 1 March 2024, taking into consideration the updated 2020 EU Reference Scenario pursuant to this paragraph, the Commission shall submit to each Member State a corrected indicative national energy efficiency contribution for final energy consumption on the basis of:
the remaining collective reduction of final energy consumption needed to achieve the Union’s binding target set out in paragraph 1;
the relative GHG intensity per GDP unit in 2019 among the Member States concerned;
the GDP of those Member States in 2019.
Before applying the formula in Annex I for the mechanism established in this paragraph and at the latest by 30 November 2023, the Commission shall update the 2020 EU Reference Scenario on the basis of the latest Eurostat data reported by the Member States, in accordance with Article 4(2), point (b), and Article 14 of Regulation (EU) 2018/1999.
Notwithstanding Article 37 of this Directive, Member States that wish to update their indicative national energy efficiency contributions pursuant to paragraph 2 of this Article, using the updated 2020 EU Reference Scenario, shall notify their updated indicative national energy efficiency contribution at the latest by 1 February 2024. Where a Member State wishes to update its indicative national energy efficiency contribution, it shall ensure that its contribution in Mtoe is not more than 2,5 % above what it would have been had it resulted from the formula set out in Annex I with the use of the updated 2020 EU Reference Scenario.
Member States to which a corrected indicative national energy efficiency contribution was submitted by the Commission shall update their indicative national energy efficiency contributions pursuant to paragraph 2 of this Article, with the corrected indicative national energy efficiency contribution for final energy consumption together with an update of their indicative trajectory for those contribution and, where applicable, their additional measures, as part of the updates of their integrated national energy and climate plans submitted pursuant to Article 14(2) of Regulation (EU) 2018/1999. The Commission shall, in accordance with that Regulation, require Member States to submit, without delay, their corrected indicative energy efficiency contribution and, where applicable, their additional measures to ensure the application of the mechanism set out in this paragraph.
Where a Member State has notified an indicative national energy efficiency contribution for final energy consumption in Mtoe equal to or below what it would have been had it resulted from the formula set out in Annex I, the Commission shall not amend that contribution.
When applying the mechanism set out in this paragraph, the Commission shall ensure that there is no difference left between the sum of the national contributions of all Member States and the Union’s binding target set out in paragraph 1.
Where the Commission concludes, on the basis of its assessment pursuant to Article 29(1) and (3) of Regulation (EU) 2018/1999, that insufficient progress has been made towards meeting the energy efficiency contributions, Member States that are above their indicative trajectories for final energy consumption referred to in paragraph 2 of this Article shall ensure that additional measures are implemented within one year of the date of receipt of the Commission’s assessment in order to get back on track to reach their energy efficiency contributions. Those additional measures shall include, but shall not be limited to, at least one of the following measures:
national measures delivering additional energy savings, including stronger project development assistance for the implementation of energy efficiency investment measures;
increasing the energy savings obligation set out in Article 8 of this Directive;
adjusting the obligation for public sector;
making a voluntary financial contribution to the national energy efficiency fund referred to in Article 30 of this Directive or another financing instrument dedicated to energy efficiency, where the annual financial contributions shall be equal to the investments required to reach the indicative trajectory.
Where a Member State’s final energy consumption is above its indicative trajectory for final energy consumption referred to in paragraph 2 of this Article, it shall include in its integrated national energy and climate progress report submitted pursuant to Article 17 of Regulation (EU) 2018/1999 an explanation of the measures it will take to cover the gap in order to ensure that it reaches its national energy efficiency contributions and the amount of energy savings expected to be delivered.
The Commission shall assess whether the national measures referred to in this paragraph are sufficient to achieve the Union’s energy efficiency targets. Where national measures are deemed to be insufficient, the Commission shall, as appropriate, propose measures and exercise its power at Union level in order to ensure, in particular, the achievement of the Union’s 2030 targets for energy efficiency.
CHAPTER II
EXEMPLARY ROLE OF PUBLIC SECTOR
Article 5
Public sector leading on energy efficiency
Member States may choose to exclude public transport or the armed forces from the obligation laid down in the first subparagraph.
For the purposes of the first and second subparagraphs, Member States shall establish a baseline, which includes the final energy consumption of all public bodies, except in public transport or the armed forces, for 2021. Energy consumption reduction of public transport and armed forces is indicative and may still count for fulfilling the obligation under the first subparagraph even if excluded from the baseline under this Article.
Member States shall also ensure that the competent authorities take actions to mitigate significant negative direct or indirect impacts of energy efficiency measures on energy poor, low-income households or vulnerable groups when designing and implementing energy efficiency measures.
Article 6
Exemplary role of public bodies’ buildings
Member States may choose which buildings to include in the 3 % renovation requirement, giving due consideration to cost-effectiveness and technical feasibility in the choice of buildings to renovate.
Member States may exempt social housing from the obligation to renovate referred to in the first subparagraph where such renovations would not be cost neutral or would lead to rent increases for people living in social housing unless such rent increases are no higher than the economic savings on the energy bill.
Where public bodies occupy a building that they do not own, they shall negotiate with the owner, in particular when reaching a trigger point such as the renewal of rental, change of use, significant repair or maintenance work, with the aim of establishing contractual clauses for the building to become at least a nearly zero-energy building or zero-emission building.
The rate of at least 3 % shall be calculated on the total floor area of buildings which have a total useful floor area of over 250 m2, that are owned by public bodies and that, on 1 January 2024, are not nearly zero-energy buildings.
Member States may apply requirements that are less stringent than those laid down in paragraph 1 for the following categories of buildings:
buildings officially protected as part of a designated environment, or because of their special architectural or historical merit, in so far as compliance with certain minimum energy performance requirements would alter their character or appearance unacceptably;
buildings owned by the armed forces or central government and serving national defence purposes, apart from single living quarters or office buildings for the armed forces and other staff employed by national defence authorities;
buildings used as places of worship and for religious activities.
Member States may decide not to renovate any building that is not referred to in the first subparagraph of this paragraph up to the level provided for in paragraph 1 if they assess that it is not technically, economically or functionally feasible for that building to be transformed into a nearly zero-energy building. Where they so decide, Member States shall not count the renovation of that building towards the fulfilment of the requirement set out in paragraph 1.
Publicly available and accessible data about building stock characteristics, buildings renovation and energy performance may be aggregated by the EU Building Stock Observatory to ensure a better understanding of the energy performance of the building sector through comparable data.
The inventory shall contain at least the following data:
the floor area in m2;
the measured annual energy consumption of heat, cooling, electricity and hot water when those data are available;
the energy performance certificate of each building issued in accordance with Directive 2010/31/EU.
For the purpose of applying that alternative approach, Member States shall:
ensure that, each year, a renovation passport is introduced, where applicable, for buildings representing at least 3 % of the total floor area of heated and/or cooled buildings that are owned by public bodies. For those buildings, the renovation to nearly zero-energy building shall be achieved at the latest by 2040;
estimate the energy savings that paragraphs 1 to 4 would generate by using appropriate standard values for the energy consumption of reference public bodies’ buildings before and after renovation to be transformed into nearly zero-energy buildings as referred to in Directive 2010/31/EU.
Member States that decide to apply the alternative approach shall notify to the Commission, by 31 December 2023, their projected energy savings to achieve at least the equivalent of energy savings in the buildings covered by paragraph 1 by 31 December 2030.
Article 7
Public procurement
Member States shall also ensure that in concluding the public contracts and concessions with a value equal to or greater than the thresholds referred to in the first subparagraph, contracting authorities and contracting entities apply the energy efficiency first principle in accordance with Article 3, including for those public contracts and concessions for which no specific requirements are provided for in Annex IV.
To ensure transparency in the application of energy efficiency requirements in the procurement process, Member States shall ensure that contracting authorities and contracting entities make publicly available information on the energy efficiency impact of contracts with a value equal to or greater than the thresholds referred to in paragraph 1 by publishing that information in the respective notices on Tenders Electronic Daily (TED), in accordance with Directives 2014/23/EU, 2014/24/EU and 2014/25/EU, and Commission Implementing Regulation (EU) 2019/1780 ( 6 ). Contracting authorities may decide to require that tenderers disclose information on the life cycle global warming potential, the use of low carbon materials and the circularity of materials used for a new building and for a building to be renovated. Contracting authorities may make that information publicly available for the contracts, in particular for new buildings having a floor area larger than 2 000 m2.
Member States shall support contracting authorities and contracting entities in the uptake of energy efficiency requirements, including at regional and local level, by providing clear rules and guidelines including methodologies on the assessment of life cycle costs and environment impacts and costs, setting up competence support centres, encouraging cooperation amongst contracting authorities, including across borders, and using aggregated procurement and digital procurement where possible.
Member States shall report to the Commission on the measures taken to address the barriers to uptake of energy efficiency improvements as part of their integrated national energy and climate progress reports submitted pursuant to Article 17 of Regulation (EU) 2018/1999.
CHAPTER III
EFFICIENCY IN ENERGY USE
Article 8
Energy savings obligation
Member States shall achieve cumulative end-use energy savings at least equivalent to:
new savings each year from 1 January 2014 to 31 December 2020 of 1,5 % of annual energy sales to final customers by volume, averaged over the most recent three-year period preceding 1 January 2013. Sales of energy, by volume, used in transport may be excluded, in whole or in part, from that calculation;
new savings each year from 1 January 2021 to 31 December 2030 of:
0,8 % of annual final energy consumption from 1 January 2021 to 31 December 2023, averaged over the most recent three-year period preceding 1 January 2019;
1,3 % of annual final energy consumption from 1 January 2024 to 31 December 2025, averaged over the most recent three-year period preceding 1 January 2019;
1,5 % of annual final energy consumption from 1 January 2026 to 31 December 2027, averaged over the most recent three-year period preceding 1 January 2019;
1,9 % of annual final energy consumption from 1 January 2028 to 31 December 2030, averaged over the most recent three-year period preceding 1 January 2019.
By way of derogation from point (b)(i) of the first subparagraph, Cyprus and Malta shall achieve new savings each year from 1 January 2021 to 31 December 2023, equivalent to 0,24 % of annual final energy consumption, averaged over the most recent three-year period prior to 1 January 2019.
By way of derogation from points (b)(ii), (iii) and (iv) of the first subparagraph, Cyprus and Malta shall achieve new savings each year from 1 January 2024 to 31 December 2030 equivalent to 0,45 % of annual FEC, averaged over the most recent three-year period preceding 1 January 2019.
Member States shall decide how to phase the calculated quantity of new savings over each period referred to in points (a) and (b) of the first subparagraph, provided that the required total cumulative end-use energy savings have been achieved by the end of each obligation period.
Member States shall continue to achieve new annual savings in accordance with the savings rate provided for in point (b)(iv) of the first subparagraph for ten-year periods after 2030.
For the purpose of achieving the energy savings required under paragraph 1 and without prejudice to Regulation (EU) 2019/943 and Directive (EU) 2019/944, Member States shall, for the purpose of designing such policy measures, consider and promote the role of renewable energy communities and citizen energy communities in the contribution to the implementation towards those policy measures.
Member States shall establish and achieve a share of the required amount of cumulative end-use energy savings among people affected by energy poverty, vulnerable customers, people in low-income households and, where applicable, people living in social housing. This share shall at least be equal to the proportion of households in energy poverty as assessed in their national energy and climate plans established in accordance with Article 3(3), point (d), of Regulation (EU) 2018/1999. Member States shall, in their assessment of the share of energy poverty in their national energy and climate plans, consider the following indicators:
the inability to keep the home adequately warm (Eurostat, SILC [ilc_mdes01]);
the arrears on utility bills (Eurostat, SILC [ilc_mdes07]);
the total population living in a dwelling with a leaking roof, damp walls, floors or foundation, or rot in window frames or floor (Eurostat, SILC [ilc_mdho01]);
at-risk-of-poverty rate (Eurostat, SILC and ECHP surveys [ilc_li02]) (cutoff point: 60 % of median equivalised income after social transfers).
If a Member State has not notified the share of households in energy poverty as assessed in their national energy and climate plan, the share of the required amount of cumulative end-use energy savings among people affected by energy poverty, vulnerable customers, people in low-income households and, where applicable, people living in social housing, shall be at least equal to the arithmetic average share of the indicators referred to in the third subparagraph for the year 2019 or, if not available for 2019, for the linear extrapolation of their values for the last three years that are available.
Provided that Member States achieve at least their cumulative end-use energy savings obligation referred to in paragraph 1, first subparagraph, point (b)(i), they may calculate the required amount of energy savings referred to in that point by one or more of the following means:
applying an annual savings rate on energy sales to final customers or on final energy consumption, averaged over the most recent three-year period preceding 1 January 2019;
excluding, in whole or in part, energy used in transport from the calculation baseline;
making use of any of the options set out in paragraph 8.
Where Member States make use of any of the possibilities provided for in paragraph 6 regarding the required energy savings referred to in paragraph 1, first subparagraph, point (b)(i), they shall establish:
their own annual savings rate that will be applied in the calculation of their cumulative end-use energy savings, which shall ensure that the final amount of their net energy savings is no lower than those required under that point;
their own calculation baseline, which may exclude, in whole or in part, energy used in transport.
Subject to paragraph 9, each Member State may:
carry out the calculation required under paragraph 1, first subparagraph, point (a), using values of 1 % in 2014 and 2015, 1,25 % in 2016 and 2017, and 1,5 % in 2018, 2019 and 2020;
exclude from the calculation all or part of the sales of energy used, by volume, with respect to the obligation period referred to in paragraph 1, first subparagraph, point (a), or final energy consumed, with respect to the obligation period referred to in point (b)(i), of that subparagraph, by industrial activities listed in Annex I to Directive 2003/87/EC;
count towards the amount of required energy savings in paragraph 1, first subparagraph, points (a) and (b)(i), energy savings achieved in the energy transformation, distribution and transmission sectors, including efficient district heating and cooling infrastructure, as a result of implementing the requirements set out in in Article 25(4), point (a), of Article 26(7), and Article 27(1), (5) to (9) and (11). Member States shall inform the Commission about their intended policy measures under this point for the period from 1 January 2021 to 31 December 2030 as part of their integrated national energy and climate plans notified pursuant to Article 3 and Articles 7 to 12. The impact of those measures shall be calculated in accordance with Annex V and included in those plans;
count towards the amount of required energy savings, energy savings resulting from individual actions newly implemented since 31 December 2008 that continue to have an impact in 2020 with respect to the obligation period referred to in paragraph 1, first subparagraph, point (a), and beyond 2020 with respect to the period referred to in point (b)(i), of that subparagraph, and which can be measured and verified;
count towards the amount of required energy savings, energy savings that stem from policy measures, provided that it can be demonstrated that those measures result in individual actions carried out from 1 January 2018 to 31 December 2020 which deliver savings after 31 December 2020;
exclude from the calculation of the amount of required energy savings pursuant to paragraph 1, first subparagraph, points (a) and (b)(i), 30 % of the verifiable amount of energy generated on or in buildings for own use as a result of policy measures promoting new installation of renewable energy technologies;
count towards the amount of required energy savings pursuant to paragraph 1, first subparagraph, points (a) and (b)(i), energy savings that exceed the energy savings required for the obligation period from 1 January 2014 to 31 December 2020, provided that those savings result from individual actions carried out under policy measures referred to in Articles 9 and 10, notified by Member States in their national energy efficiency action plans and reported in their progress reports in accordance with Article 26.
Member States shall apply and calculate the effect of the options chosen under paragraph 8 for the period referred to in paragraph 1, first subparagraph, points (a) and (b)(i), separately:
for the calculation of the amount of energy savings required for the obligation period referred to in paragraph 1, first subparagraph, point (a), Member States may make use of the options listed in paragraph 8, points (a) to (d). All the options chosen under paragraph 8 taken together shall amount to no more than 25 % of the amount of energy savings referred to in paragraph 1, first subparagraph, point (a);
for the calculation of the amount of energy savings required for the obligation period referred to in paragraph 1, first subparagraph, point (b)(i), Member States may make use of the options listed in paragraph 8, points (b) to (g), provided that the individual actions referred to in paragraph 8, point (d), continue to have a verifiable and measurable impact after 31 December 2020. All the options chosen under paragraph 8 taken together shall not lead to a reduction of more than 35 % of the amount of energy savings calculated in accordance with paragraphs 6 and 7.
Regardless of whether Member States exclude, in whole or in part, energy used in transport from their calculation baseline or make use of any of the options listed in paragraph 8, they shall ensure that the calculated net amount of new savings to be achieved in final energy consumption during the obligation period referred to in paragraph 1, first subparagraph, point (b)(i), from 1 January 2021 to 31 December 2023 is not lower than the amount resulting from applying the annual savings rate referred to in that point.
Alternatively, where a Member State has achieved cumulative end-use energy savings above the required level by the end of each obligation period set out in paragraph 1, it shall be entitled to carry the eligible amount of no more than 10 % of such surplus into the following obligation period without the target commitment being increased.
As part of their updates of national energy and climate plans submitted pursuant to Article 14(2) of Regulation (EU) 2018/1999, their relevant national energy and climate progress reports submitted pursuant to Article 17 of that Regulation, and their subsequent integrated national energy and climate plans notified pursuant to Article 3 and Articles 7 to 12 of that Regulation, Member States shall demonstrate including, where appropriate, with evidence and calculations:
that where there is an overlap in the impact of policy measures or individual actions, there is no double counting of energy savings;
how energy savings achieved pursuant to paragraph 1, first subparagraph, point (b), of this Article, contribute to the achievement of their national contribution pursuant to Article 4;
that policy measures are established for fulfilling their energy savings obligation, designed in compliance with this Article and that those policy measures are eligible and appropriate to ensure the achievement of the required amount of cumulative end-use energy savings by the end of each obligation period.
Article 9
Energy efficiency obligation schemes
Where applicable, Member States may decide that obligated parties fulfil those savings, in whole or in part, as a contribution to the national energy efficiency fund in accordance with Article 30(14).
Within the energy efficiency obligation scheme, Member States may authorise obligated parties to carry out the following:
count towards their obligation certified energy savings achieved by energy service providers or other third parties, including when obligated parties promote measures through other State-approved bodies or through public authorities that may involve formal partnerships and may be in combination with other sources of finance;
count savings obtained in a given year as if they had instead been obtained in any of the four previous or three following years as long as this is not beyond the end of the obligation periods set out in Article 8(1).
Where Member States so authorise, they shall ensure that the certification of energy savings referred to in point (a) of the first subparagraph follows an approval process that is put in place in the Member States, that is clear, transparent, and open to all market participants, and that aims to minimise the costs of certification.
Member States shall assess and, if appropriate, take measures to minimise the impact of the direct and indirect costs of energy efficiency obligation schemes on the competitiveness of energy-intensive industries exposed to international competition.
Article 10
Alternative policy measures
Article 11
Energy management systems and energy audits
Member States shall ensure that the enterprises referred to in the first subparagraph have an energy management system in place at the latest by 11 October 2027.
Such energy audits shall be either:
carried out in an independent and cost-effective manner by qualified or accredited experts, in accordance with Article 28; or
implemented and supervised by independent authorities under national legislation.
Member States shall ensure that the enterprises referred to in the first subparagraph carry out a first energy audit by 11 October 2026 and that subsequent energy audits are carried out at least every four years. Where such enterprises already carry out energy audits in accordance with the first subparagraph, they shall continue to do so at least every four years in accordance with this Directive.
The enterprises concerned shall draw up a concrete and feasible Action Plan on the basis of the recommendations arising from those energy audits. The Action Plan shall identify measures to implement each audit recommendation, where it is technically or economically feasible. The Action Plan shall be submitted to the management of the enterprise.
Member States shall ensure that the Action Plans and the recommendation implementation rate are published in the enterprise’s annual report, and that they are made publicly available, subject to Union and national law protecting trade and business secrets and confidentiality.
Member States shall promote the availability to all final customers of high quality energy audits which are cost-effective and are:
carried out in an independent manner by qualified or accredited experts in accordance with qualification criteria; or
implemented and supervised by independent authorities under national legislation.
The energy audits referred to in the first subparagraph may be carried out by in-house experts or energy auditors, provided that the Member State concerned has put in place a scheme to ensure their quality, including, if appropriate, an annual random selection of at least a statistically significant percentage of all the energy audits carried out by such in-house experts or energy auditors.
For the purpose of ensuring the high quality of the energy audits and energy management systems, Member States shall establish transparent and non-discriminatory minimum criteria for energy audits in accordance with Annex VI and taking into consideration relevant European or international standards. Member States shall designate a competent authority or body to ensure that the timelines for conducting energy audits set out in paragraph 2 of this Article are complied with and the minimum criteria set out in Annex VI are correctly applied.
Energy audits shall not include clauses preventing the findings of the audit from being transferred to any qualified or accredited energy service provider, provided that the customer does not object.
On the basis of transparent and non-discriminatory criteria and without prejudice to Union State aid law, Member States may set up mechanisms, such as energy audit centres for SMEs and microenterprises, provided that such mechanisms do not compete with private auditors, to provide energy audits. They may also provide other support schemes for SMEs, including where such SMEs have concluded voluntary agreements, to cover the costs of energy audits and of the implementation of highly cost-effective recommendations arising from the energy audits, if the measures proposed in those recommendations are implemented.
Member States shall bring to the attention of SMEs, including through their respective representative intermediary organisations, concrete examples of how energy management systems could help their businesses. The Commission shall assist Member States by supporting the exchange of best practices in this domain.
Energy audits shall be considered to comply with paragraph 2 where they are:
carried out in an independent manner, on the basis of the minimum criteria set out in Annex VI;
implemented under voluntary agreements concluded between organisations of stakeholders and a body appointed and supervised by the Member State concerned, by another body to which the competent authorities have delegated the responsibility concerned or by the Commission.
Access of market participants offering energy services shall be based on transparent and non-discriminatory criteria.
Without prejudice to Union State aid law, Member States may implement incentives and support schemes for the implementation of recommendations arising from energy audits and similar measures.
Article 12
Data centres
Article 13
Metering for natural gas
Such a competitively priced individual meter shall always be provided when:
an existing meter is replaced, unless this is technically impossible or not cost-effective in relation to the estimated potential savings in the long term;
a new connection is made in a new building or a building undergoes major renovations within the meaning of Directive 2010/31/EU.
Where, and to the extent that, Member States implement smart metering systems and roll out smart meters for natural gas in accordance with Directive 2009/73/EC:
they shall ensure that the metering systems provide to final customers information on actual time of use and that the objectives of energy efficiency and benefits for final customers are fully taken into account when establishing the minimum functionalities of the meters and the obligations imposed on market participants;
they shall ensure the security of the smart meters and data communication, and the privacy of final customers, in compliance with relevant Union data protection and privacy law;
they shall require that appropriate advice and information be given to customers at the time of installation of smart meters, in particular about their full potential with regard to meter reading management and the monitoring of energy consumption.
Article 14
Metering for heating, cooling and domestic hot water
Article 15
Sub-metering and cost allocation for heating, cooling and domestic hot water
Where the use of individual meters is not technically feasible or where it is not cost-efficient to measure heat consumption in each building unit, individual heat cost allocators shall be used to measure heat consumption at each radiator unless it is shown by the Member State in question that the installation of such heat cost allocators would not be cost-efficient. In those cases, alternative cost-efficient methods of heat consumption measurement may be considered. The general criteria, methodologies and procedures to determine technical non-feasibility and non-cost effectiveness shall be clearly set out and published by each Member State.
Where multi-apartment or multi-purpose buildings are supplied from district heating or district cooling, or where own common heating or cooling systems for such buildings are prevalent, Member States shall ensure that they have in place transparent, publicly available national rules on the allocation of the cost of heating, cooling and domestic hot water consumption in such buildings to ensure transparency and accuracy of accounting for individual consumption. Where appropriate, such rules shall include guidelines on the manner in which to allocate cost for energy that is used for:
domestic hot water;
heat radiated from the building installation and for the purpose of heating the common areas, where staircases and corridors are equipped with radiators;
heating or cooling apartments.
Article 16
Remote reading requirement
▼M1 —————
Article 18
Billing and consumption information for heating, cooling and domestic hot water
That obligation may, where a Member State so provides, save in the case of sub-metered consumption based on heat cost allocators under Article 15, be fulfilled by a system of regular self-reading by the final customer or final user whereby they communicate readings from their meter. Only where the final customer or final user has not provided a meter reading for a given billing interval shall billing be based on estimated consumption or a flat rate.
Member States shall:
require that, if information on the energy billing and historical consumption or heat cost allocator readings of final users is available, it be made available upon request from the final user, to an energy service provider designated by the final user;
ensure that final customers are offered the option of electronic billing information and bills;
ensure that clear and comprehensible information is provided with the bill to all final users in accordance with Annex IX, point 3;
promote cybersecurity and ensure the privacy and data protection of final users in accordance with applicable Union law.
Member States may provide that, at the request of the final customer, the provision of billing information shall not be considered to constitute a request for payment. In such cases, Member States shall ensure that flexible arrangements for actual payment are offered.
▼M1 —————
Article 20
Cost of access to metering and billing and consumption information for heating, cooling and domestic hot water
CHAPTER IV
CONSUMER INFORMATION AND EMPOWERMENT
Article 21
Basic contractual rights for heating, cooling and domestic hot water
Final customers shall have the right to a contract with their supplier that specifies:
the identity, address and contact details of the supplier;
the services provided and the service quality levels included;
the types of maintenance service included in the contract without additional charges;
the means by which up-to-date information on all applicable tariffs, maintenance charges and bundled products or services may be obtained;
the duration of the contract, the conditions for renewal and termination of the contract and services, including products or services that are bundled with those services, and whether terminating the contract without charge is permitted;
any compensation and the refund arrangements which apply if contracted service quality levels are not met, including inaccurate or delayed billing;
the method of initiating an out-of-court dispute-settlement procedure in accordance with Article 22;
information relating to consumer rights, including information on complaint handling and all of the information referred to in this paragraph, which is clearly communicated in the bill or on the enterprise’s website and includes the contact details or link to the website of the single points of contact referred to in Article 22(3), point (e);
the contact details enabling the customer to identify relevant one-stop shops as referred to in Article 22(3), point (a).
Suppliers’ conditions shall be fair and shall be provided to final customers in advance. The information referred to in this paragraph shall be provided before the conclusion or confirmation of the contract. Where contracts are concluded through intermediaries, that information shall also be provided before the conclusion of the contract.
Final customers and final users shall be provided with a summary of the key contractual conditions, including prices and tariffs, in a comprehensible manner and in concise and simple language.
Final customers shall be provided with a copy of the contract and clear information, in a transparent manner, on applicable prices and tariffs and on standard terms and conditions in respect of access to and use of heating, cooling and domestic hot water services.
Member States shall decide who is to be responsible for providing the information referred to in this paragraph to final users without a direct or individual contract with a supplier, upon request, in an appropriate manner and free of charge.
Article 22
Information and awareness raising
For the purposes of this Article, those measures shall include a range of instruments and policies to promote behavioural change such as:
fiscal incentives;
access to finance, vouchers, grants or subsidies;
publicly supported energy consumption assessments and targeted advisory services and support for household consumers, in particular people affected by energy poverty, vulnerable customers and, where applicable, people living in social housing;
targeted advisory services for SMEs and microenterprises;
information provision in accessible form to people with disabilities;
exemplary projects;
workplace activities;
training activities;
digital tools;
engagement strategies.
For the purposes of this Article, the measures referred to in paragraph 2 shall include the creation of a supportive framework for market actors such as those referred to in paragraph 1, in particular for:
the creation of one-stop shops or similar mechanisms for the provision of technical, administrative and financial advice and assistance on energy efficiency, such as energy checks for households, energy renovations of buildings, information on the replacement of old and inefficient heating systems with modern and more efficient appliances and the take-up of renewable energy and energy storage for buildings to final customers and final users, especially household and small non-household ones, including SMEs and microenterprises;
cooperation with private actors that provide services such as energy audits and energy consumption assessments, financing solutions and execution of energy renovations;
the communication of cost-effective and easy-to-achieve changes in energy use;
the dissemination of information on energy efficiency measures and financing instruments;
the provision of single points of contact, to provide final customers and final users with all necessary information concerning their rights, the applicable law and the dispute-settlement mechanisms available to them in the event of a dispute. Such single points of contact may be part of general consumer information points.
For the purpose of this Article, Member States shall in cooperation with competent authorities, and, where appropriate, private stakeholders establish dedicated one-stop shops or similar mechanisms for the provision of technical, administrative and financial advice for energy efficiency. Those facilities shall:
advise with streamlined information on technical and financial possibilities and solutions to households, SMEs, microenterprises, public bodies;
provide holistic support to all households, with a particular focus on households affected by energy poverty and on worst performing buildings, as well as to accredited companies and installers providing retrofit services, adapted to different housing typologies and geographical scope, and provide support covering the different stages of the retrofit project, including to facilitate the implementation of a minimum energy performance standard where such standard is provided for in a Union legislative act;
advise on energy consumption behaviour.
Dedicated one-stop shop facilities as referred to in paragraph 4 shall, where appropriate:
provide information about qualified energy efficiency professionals;
collect typology-aggregated data from energy efficiency projects, share experiences and make them publicly available;
connect potential projects with market players, in particular smaller-scale, local projects.
For the purposes of the first subparagraph, point (b), the Commission shall assist Member States in order to facilitate the sharing of, and enhance cross-border cooperation with regard to, best practices.
The Commission shall provide Member States with guidelines to develop those one-stop shops with the aim of creating a harmonised approach throughout the Union. The guidelines shall encourage cooperation among public bodies, energy agencies and community-led initiatives.
Where necessary, Member States shall ensure that alternative dispute resolution entities cooperate to provide simple, fair, transparent, independent, effective and efficient out-of-court dispute settlement mechanisms for any dispute that arises from products or services that are tied to, or bundled with, any product or service falling under the scope of this Directive.
The participation of enterprises in out-of-court dispute settlement mechanisms for household customers shall be mandatory unless the Member State demonstrates to the Commission that other mechanisms are equally effective.
Measures to remove such barriers may include providing incentives, repealing or amending legal or regulatory provisions, adopting guidelines and interpretative communications, simplifying administrative procedures, including national rules and measures regulating decision-making processes in multi-owner properties, and the possibility to turn to third-party financing solutions. The measures may be combined with the provision of education, training and specific information and technical assistance on energy efficiency to market actors such as those referred to in paragraph 1.
Member States shall take appropriate measures to support a multilateral dialogue among relevant partners, such as local and regional authorities, the social partners, owners’ and tenants’ organisations, consumer organisations, energy distributors or retail energy sales companies, ESCOs, renewable energy communities, citizen energy communities, public authorities and agencies, with the aim of setting out proposals on jointly accepted measures, incentives and guidelines pertinent to split incentives between owners and tenants or among owners of a building or building unit.
Each Member State shall report such barriers and the measures taken in its long-term renovation strategy established pursuant to Article 2a of Directive 2010/31/EU and to Regulation (EU) 2018/1999.
Article 23
Partnerships for energy efficiency
If a partnership is established, the Commission shall appoint, where appropriate, a chair for each Union sector-specific energy efficiency partnership.
Such roadmaps would make a valuable contribution in assisting sectors in planning the necessary investments needed to reach the objectives of this Directive and of Regulation (EU) 2021/1119 as well as facilitate cross-border cooperation between actors to strengthen the internal market.
Article 24
Empowering and protecting vulnerable customers and alleviating energy poverty
In defining the concept of vulnerable customers pursuant to Article 3(3) of Directive 2009/73/EC and Article 28(1) of Directive (EU) 2019/944, Member States shall take into account final users.
To support people affected by energy poverty, vulnerable customers, people in low-income households and, where applicable, people living in social housing, Member States shall, where applicable:
implement energy efficiency improvement measures to mitigate distributional effects from other policies and measures, such as taxation measures implemented in accordance with Article 10 of this Directive, or the application of emissions trading in the buildings and transport sector in accordance with Directive 2003/87/EC;
make the best possible use of public funding available at Union and national level, including, where applicable, the financial contribution that Member States receive from the Social Climate Fund pursuant to Articles 9 and 14 of Regulation (EU) 2023/955, and revenues from allowance auctions from emissions trading pursuant to the EU ETS in accordance with Directive 2003/87/EC, for investments into energy efficiency improvement measures as priority actions;
carry out early, forward-looking investments in energy efficiency improvement measures before distributional impacts from other policies and measures show their effect;
foster technical assistance and the roll-out of enabling funding and financial tools, such as on-bill schemes, local loan-loss reserve, guarantee funds, funds targeting deep renovations and renovations with minimum energy gains;
foster technical assistance for social actors to promote vulnerable customer’s active engagement in the energy market, and positive changes in their energy consumption behaviour;
ensure access to finance, grants or subsidies bound to minimum energy gains and thus facilitate access to affordable bank loans or dedicated credit lines.
Member States may entrust the network of experts to offer advice on:
national definitions, indicators and criteria of energy poverty, energy poor and vulnerable customers, including final users;
the development or improvement of relevant indicators and data sets, pertinent to the issue of energy poverty, that should be used and reported upon;
methods and measures to ensure affordability of living costs, the promotion of housing cost neutrality, or ways to ensure that public funding invested in energy efficiency improvement measures benefit both owners and tenants of buildings and building units, in particular regarding people affected by energy poverty, vulnerable customers, people in low-income households, and, where applicable, people living in social housing;
measures to prevent or remedy situations in which particular groups are more affected or more at risk of being affected by energy poverty or are more susceptible to the adverse impacts of energy poverty such as on the basis of their income, gender, health condition or membership of a minority group, and demographics.
CHAPTER V
EFFICIENCY IN ENERGY SUPPLY
Article 25
Heating and cooling assessment and planning
Member States shall designate the competent authorities responsible for carrying out the cost-benefit analyses, provide the detailed methodologies and assumptions in accordance with Annex XI and establish and make public the procedures for the economic analysis.
Where the comprehensive assessment referred to in paragraph 1 of this Article and the analysis referred to in paragraph 3 of this Article do not identify a potential whose benefits exceed the costs, including the administrative costs of carrying out the cost-benefit analysis referred to in Article 26(7), the Member State concerned, together with the local and regional authorities, where applicable, may exempt installations from the requirements laid down in paragraphs 1 and 3 of this Article.
Member States shall ensure that regional and local authorities prepare local heating and cooling plans at least in municipalities having a total population higher than 45 000 . Those plans should at least:
be based on the information and data provided in the comprehensive assessments carried out pursuant to paragraph 1 and provide an estimate and mapping of the potential for increasing energy efficiency, including via low-temperature district heating readiness, high efficiency cogeneration, waste heat recovery, and renewable energy in heating and cooling in that particular area;
be compliant with the energy efficiency first principle;
include a strategy for the use of the identified potential pursuant to point (a);
be prepared with the involvement of all relevant regional or local stakeholders and ensure the participation of general public, including operators of local energy infrastructure;
take into account the relevant existing energy infrastructure;
consider the common needs of local communities and multiple local or regional administrative units or regions;
assess the role of energy communities and other consumer-led initiatives that can actively contribute to the implementation of local heating and cooling projects;
include an analysis of heating and cooling appliances and systems in local building stocks, taking into account the area-specific potentials for energy efficiency measures and addressing the worst performing buildings and the needs of vulnerable households;
assess how to finance the implementation of policies and measures and identify financial mechanisms allowing consumers to shift to renewable heating and cooling;
include a trajectory to achieve the goals of the plans in line with climate neutrality and the monitoring of the progress of the implementation of policies and measures identified;
aim to replace old and inefficient heating and cooling appliances in public bodies with highly efficient alternatives with the aim of phasing out fossil fuels;
assess potential synergies with the plans of neighbouring regional or local authorities to encourage joint investments and cost efficiency.
Member States shall ensure that all relevant parties, including public and relevant private stakeholders, are given the opportunity to participate in the preparation of heating and cooling plans, the comprehensive assessment referred to in paragraph 1 and the policies and measures referred to in paragraph 5.
For that purpose, Member States shall develop recommendations supporting the regional and local authorities to implement policies and measures in energy efficient and renewable energy based heating and cooling at regional and local level utilising the potential identified. Member States shall support regional and local authorities to the utmost extent possible by any means, including financial support and technical support schemes. Member States shall ensure that heating and cooling plans are aligned with other local climate, energy and environment planning requirements in order to avoid administrative burden for local and regional authorities and to encourage the effective implementation of the plans.
Local heating and cooling plans may be carried out jointly by a group of several neighbouring local authorities provided that the geographical and administrative context, as well as the heating and cooling infrastructure, is appropriate.
Local heating and cooling plans shall be assessed by a competent authority and, if necessary, followed by appropriate implementation measures.
Article 26
Heating and cooling supply
In order to ensure more efficient consumption of primary energy and to increase the share of renewable energy in heating and cooling supply going into the network, an efficient district heating and cooling system shall meet the following criteria:
until 31 December 2027, a system using at least 50 % renewable energy, 50 % waste heat, 75 % cogenerated heat or 50 % of a combination of such energy and heat;
from 1 January 2028, a system using at least 50 % renewable energy, 50 % waste heat, 50 % renewable energy and waste heat, 80 % of high-efficiency cogenerated heat or at least a combination of such thermal energy going into the network where the share of renewable energy is at least 5 % and the total share of renewable energy, waste heat or high-efficiency cogenerated heat is at least 50 %;
from 1 January 2035, a system using at least 50 % renewable energy, 50 % waste heat or 50 % renewable energy and waste heat, or a system where the total share of renewable energy, waste heat or high-efficiency cogenerated heat is at least 80 % and in addition the total share of renewable energy or waste heat is at least 35 %;
from 1 January 2040, a system using at least 75 % renewable energy, 75 % waste heat or 75 % renewable energy and waste heat, or a system using at least 95 % renewable energy, waste heat and high-efficiency cogenerated heat and in addition the total share of renewable energy or waste heat is at least 35 %;
from 1 January 2045, a system using at least 75 % renewable energy, 75 % waste heat or 75 % renewable energy and waste heat;
from 1 January 2050, a system using only renewable energy, only waste heat, or only a combination of renewable energy and waste heat.
Member States may also choose, as an alternative to the criteria set out in paragraph 1 of this Article, sustainability performance criteria based on the amount of GHG emissions from the district heating and cooling system per unit of heat or cold delivered to the customers, taking into consideration measures implemented to fulfil the obligation pursuant to Article 24(4) of Directive (EU) 2018/2001. When choosing those criteria, an efficient district heating and cooling system shall have the following maximum amount of GHG emissions per unit of heat or cold delivered to the customers:
until 31 December 2025: 200 grams/kWh;
from 1 January 2026: 150 grams/kWh;
from 1 January 2035: 100 grams/kWh;
from 1 January 2045: 50 grams/kWh;
from 1 January 2050: 0 grams/kWh.
In order for a district heating and cooling system to qualify as efficient, Member States shall ensure that where it is built or its supply units are substantially refurbished, the district heating or cooling system meet the criteria set out in paragraph 1 or 2 applicable at the time when it starts or continues its operation after the refurbishment. In addition, Member States shall ensure that when a district heating and cooling system is built or its supply units are substantially refurbished:
there is no increase in the use of fossil fuels other than natural gas in existing heat sources compared to the annual consumption averaged over the previous three calendar years of full operation before refurbishment; and
any new heat sources in that system do not use fossil fuels, except natural gas, if built or substantially refurbished until 2030.
In order to assess the economic feasibility of increasing energy efficiency of heat and cooling supply, Member States shall ensure that an installation level cost-benefit analysis in accordance with Annex XI is carried out where the following installations are newly planned or substantially refurbished:
a thermal electricity generation installation with an average annual total energy input exceeding 10 MW, in order to assess the cost and benefits of providing for the operation of the installation as a high-efficiency cogeneration installation;
an industrial installation with an average annual total energy input exceeding 8 MW in order to assess utilisation of the waste heat on-site and off-site;
a service facility with an annual average total energy input exceeding 7 MW, such as wastewater treatment facilities and LNG facilities, in order to assess utilisation of waste heat on-site and off-site;
a data centre with a total rated energy input exceeding 1 MW level in order to assess the cost and benefit analysis, including, but not limited to, technical feasibility, cost-efficiency and the impact on energy efficiency and local heat demand, including seasonal variation, of utilising the waste heat to satisfy economically justified demand, and of the connection of that installation to a district heating network or an efficient/RES-based district cooling system or other waste heat recovery applications.
The analysis referred to in the first subparagraph, point (d), shall consider cooling system solutions that allow removing or capturing the waste heat at useful temperature level with minimal ancillary energy inputs.
Member States shall aim to remove barriers for the utilisation of waste heat and provide support for the uptake of waste heat where the installations are newly planned or refurbished.
The fitting of equipment to capture carbon dioxide produced by a combustion installation with a view to it being geologically stored as provided for in Directive 2009/31/EC shall not be considered as refurbishment for the purpose of points (b) and (c) of this paragraph.
Member States shall require the cost-benefit analysis to be carried out in cooperation with the companies responsible for the operation of the facility.
Member States may exempt from paragraph 7:
peak load and back-up electricity generating installations which are planned to operate under 1 500 operating hours per year as a rolling average over a period of five years, based on a verification procedure established by the Member States ensuring that this exemption criterion is met;
installations that need to be located close to a geological storage site approved under Directive 2009/31/EC;
data centres whose waste heat is or will be used in a district heating network or directly for space heating, domestic hot water preparation or other uses in the building or group of buildings or facilities where it is located.
Member States may also lay down thresholds, expressed in terms of the amount of available useful waste heat, the demand for heat or the distances between industrial installations and district heating networks, for exempting individual installations from paragraph 7, points (c) and (d).
Member States shall notify exemptions adopted under this paragraph to the Commission.
Member States shall adopt authorisation criteria as referred to in Article 8 of Directive (EU) 2019/944, or equivalent permit criteria, in order to:
take into account the outcome of the comprehensive assessment referred to in Article 25(1);
ensure that the requirements laid down in paragraph 7 are fulfilled;
take into account the outcome of the cost-benefit analysis referred to in paragraph 7.
Article 27
Energy transformation, transmission and distribution
CHAPTER VI
HORIZONTAL PROVISIONS
Article 28
Availability of qualification, accreditation and certification schemes
Member States shall ensure that providers of certification or equivalent qualification schemes, including, where necessary, suitable training programmes are accredited in accordance with Regulation (EC) No 765/2008 of the European Parliament and of the Council ( 13 ) or approved in line with converging national legislation or standards.
By 11 October 2024, the Commission shall:
in cooperation with a group of experts nominated by Member States, set up a framework for or design a campaign to attract more people to energy efficiency professions while ensuring respect for the principle of non-discrimination;
assess the viability of setting up a single point of access platform, making use of existing initiatives where possible, to provide support to the Member States in setting up their measures to ensure the appropriate level of qualified professionals needed to keep up with the pace of progress in energy efficiency to reach the Union’s climate and energy targets. The platform would gather experts from Member States, the social partners, education institutions, academia and other relevant stakeholders to foster and promote best practices of qualification schemes and training programmes to ensure more energy efficiency professionals and to re-skill or up-skill existing professionals in order to meet market needs.
Member States shall take appropriate measures to make consumers aware of the availability of the schemes in accordance with Article 29(1).
Article 29
Energy services
Member States shall promote the energy services market and access to it for SMEs by disseminating clear and easily accessible information on:
available energy service contracts and clauses that should be included in such contracts to guarantee energy savings and final customers’ rights;
financial instruments, incentives, grants, revolving funds, guarantees, insurance schemes, and loans to support energy efficiency service projects;
available energy services providers, such as ESCOs, that are qualified or certified and their qualifications or certifications in accordance with Article 28;
available monitoring and verification methodologies and quality control schemes.
Member States may encourage public bodies to combine energy performance contracting with expanded energy services, including demand response and storage, in order to ensure energy savings and maintain the results obtained over time through continuous monitoring, effective operation and maintenance.
Member States shall support the public sector in taking up energy service offers, in particular for building refurbishment, by:
providing model contracts for energy performance contracting which include at least the items listed in Annex XV and take into account the existing European or international standards, available tendering guidelines and the Eurostat guide to the statistical treatment of energy performance contracts in government accounts;
providing information on best practices for energy performance contracting, including, if available, a cost-benefit analysis using a life-cycle approach;
promoting and making publicly available a database of implemented and ongoing energy performance contracting projects that includes the projected and achieved energy savings.
Member States shall support the proper functioning of the energy services market, by taking the following measures:
identifying and publicising one or more points of contact where final customers can obtain the information referred to in paragraph 1;
removing the regulatory and non-regulatory barriers that impede the uptake of energy performance contracting and other energy efficiency service models for the identification or implementation of energy saving measures, or both;
setting up and promoting the role of advisory bodies and independent market intermediaries including one-stop shops or similar support mechanisms to stimulate market development on the demand and supply sides, and making information about those support mechanisms publicly available and accessible to market actors.
Article 30
National energy efficiency fund, financing and technical support
The actions referred to in paragraph 7 shall include the following elements:
mobilising capital investment into energy efficiency by considering the wider impacts of energy savings;
facilitating the implementation of dedicated energy efficiency financial instruments and financing schemes at scale to be set up by financial institutions;
ensuring better energy and finance performance data by:
examining further how energy efficiency investments improve underlying asset values;
supporting studies to assess the monetisation of the non-energy benefits of energy efficiency investments.
For the purpose of mobilising private financing of energy efficiency measures and energy renovation, Member States shall, when implementing this Directive:
consider ways to make better use of energy management systems and energy audits under Article 11 to influence decision-making;
make optimal use of the possibilities and tools available in the Union budget and proposed in the smart finance for smart buildings initiative and in Commission communication of 14 October 2020 on ‘A Renovation Wave for Europe – greening our buildings, creating jobs, improving lives’.
The guidance shall have the purpose of helping Member States and market actors to develop and implement their energy efficiency investments, including in the various Union programmes, and shall propose adequate financial mechanisms and innovative financing solutions, with a combination of grants, financial instruments and project development assistance, to scale up existing initiatives and use the Union programmes as a catalyst to leverage and trigger private financing.
To that end, the Commission shall submit by 30 March 2024 a report to the European Parliament and to the Council, accompanied, where appropriate, by legislative proposals.
Member States shall report to the Commission by 15 March 2025 and every two years thereafter, as part of their integrated national energy and climate progress reports submitted pursuant to Article 17 and in accordance with Article 21 of Regulation (EU) 2018/1999, the following data:
the volume of public investments on energy efficiency and the average leverage factor achieved by public funding supporting energy efficiency measures;
the volume of energy efficiency lending products, distinguishing between different products;
where relevant, national financing programmes put in place to increase uptake of energy efficiency and best practices, and innovative financing schemes for energy efficiency.
To facilitate the preparation of the report referred to in the first subparagraph of this paragraph, the Commission shall integrate the requirements set out in that subparagraph in the common template laid down in the implementing acts adopted pursuant to Article 17(4) of Regulation (EU) 2018/1999.
For the purpose of fulfilling the obligation referred to in paragraph 17, point (b), and without prejudice to additional national measures, Member States shall take into consideration the existing disclosure obligations for financial institutions, including:
the disclosure rules for credit institutions under Commission Delegated Regulation (EU) 2021/2178 ( 14 );
the ESG risks disclosure requirements for credit institutions in accordance with Article 449a of Regulation (EU) No 575/2013 of the European Parliament and of the Council ( 15 ).
To facilitate the collection and aggregation of data on volume of energy efficiency lending product for the purpose of fulfilling the obligation referred to in paragraph 17, point (b), the Commission shall by 15 March 2024 provide guidance to Member States on the arrangements for accessing, collecting and aggregating data on the volume of energy efficiency lending products at national level.
Article 31
Conversion factors and primary energy factors
CHAPTER VII
FINAL PROVISIONS
Article 32
Penalties
Member States shall lay down the rules on penalties applicable to infringements of national provisions adopted pursuant to this Directive and shall take all measures necessary to ensure that they are implemented. The penalties provided for shall be effective, proportionate and dissuasive. Member States shall by 11 October 2025 notify the Commission of those rules and of those measures and shall notify it without delay of any subsequent amendment affecting them.
Article 33
Delegated acts
Article 34
Exercise of the delegation
Article 35
Review and monitoring of implementation
By 31 October 2025 and every four years thereafter, the Commission shall evaluate the existing measures to achieve energy efficiency increase and decarbonisation in heating and cooling. The evaluation shall take into account all of the following:
energy efficiency and GHG emissions trends in heating and cooling, including in district heating and cooling;
interlinkages between measures taken;
changes in energy efficiency and greenhouse gas emissions in the heating and cooling;
existing and planned energy efficiency policies and measures and greenhouse gas reduction policies and measures at Union and national level;
measures which Member States provided in their comprehensive assessments pursuant to Article 25(1) of this Directive and notified in accordance with Article 17(1) of Regulation (EU) 2018/1999.
By 31 October 2025 and every four years thereafter, the Commission shall submit a report to the European Parliament and to the Council on that evaluation and, if appropriate, propose measures to ensure the achievement of the Union’s climate and energy targets.
That evaluation shall include:
an assessment of the general effectiveness of this Directive and the need to further adjust the Union’s energy efficiency policy in accordance with the objectives of the Paris Agreement and in light of economic and innovation developments;
a detailed assessment of the aggregated macroeconomic impact of this Directive, with an emphasis on the effects on the Union’s energy security, energy prices, minimising energy poverty, economic growth, competitiveness, job creation, mobility cost and household purchasing power;
the Union’s 2030 headline targets on energy efficiency set out in Article 4(1) with a view to revising those targets upwards in the event of substantial cost reductions resulting from economic or technological developments, or where needed to meet the Union’s decarbonisation targets for 2040 or 2050, or its international commitments for decarbonisation;
whether Member States are to continue to achieve new annual savings in accordance with Article 8(1), first subparagraph, point (b)(iv), for a ten-year periods after 2030;
whether Member States are to continue to ensure that at least 3 % of the total floor area of heated and/or cooled buildings that are owned by public bodies is renovated each year in accordance with Article 6(1) with a view to revising the renovation rate in that Article;
whether Member States are to continue to achieve a share of energy savings among people affected by energy poverty, vulnerable customers and, where applicable, people living in social housing, pursuant to Article 8(3) for the ten-year periods after 2030;
whether Member States are to continue to achieve a reduction of final energy consumption in accordance with Article 5(1);
the impacts of this Directive on supporting economic growth, increasing industrial output, the deployment of renewables or advanced efforts to climate neutrality.
The evaluation shall also cover the effects on efforts to electrify the economy and the introduction of hydrogen, including whether any change to the treatment of clean renewable energy sources might be justified, and shall propose, where appropriate, solutions to any potentially identified adverse effect.
That report shall be accompanied by a detailed assessment of whether there is a need to amend this Directive in the interests of regulatory simplification and, where appropriate, by proposals for further measures.
Article 36
Transposition
Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with Article 4(5), third subparagraph, Article 12(1), Article 26(3) and Article 28(6) by the dates referred to therein. They shall immediately communicate the text of those measures to the Commission.
When Member States adopt those measures, they shall contain a reference to this Directive or be accompanied by such a reference on the occasion of their official publication. They shall also include a statement that references in existing laws, regulations and administrative provisions to the Directive repealed by this Directive shall be construed as references to this Directive. Member States shall determine how such reference is to be made and how that statement is to be formulated.
Article 37
Amendment to Regulation (EU) 2023/955
In Article 2 of Regulation (EU) 2023/955, point (1) is replaced by the following:
“energy poverty” means energy poverty as defined in Article 2, point (52), of Directive (EU) 2023/1791 of the European Parliament and of the Council ( *1 ).
Article 38
Repeal
Directive 2012/27/EU, as amended by the acts listed in Part A of Annex XVI is repealed with effect from 12 October 2025, without prejudice to the obligations of the Member States relating to the time-limits for the transposition into national law of the Directives set out in Part B of Annex XVI.
References to the repealed Directive shall be construed as references to this Directive and shall be read in accordance with the correlation table in Annex XVII.
Article 39
Entry into force and application
This Directive shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.
Articles 13 to 16 and Articles 18 and 20 and Annexes II, IX, XII, XIII and XIV shall apply from 12 October 2025.
Article 37 shall apply from 30 June 2024.
Article 40
Addressees
This Directive is addressed to the Member States.
ANNEX I
NATIONAL CONTRIBUTIONS TO THE UNION’S ENERGY EFFCIENCY TARGETS IN 2030 IN FINAL ENERGY CONSUMPTION AND/OR PRIMARY ENERGY CONSUMPTION
1. The level of national contributions is calculated on the basis of the indicative formula:
Where CEU is a correction factor, Target is the level of national-specific ambition and FECB2030 PECB2030 is the 2020 EU Reference Scenario used as a baseline for 2030.
2. The following indicative formula represents the objective criteria reflecting the factors listed in Article 4(3), points (d)(i) to (iv), each used for defining the level of national-specific ambition in % (Target) and having the same weight in the formula (0,25):
early action dependent contribution (‘Fearly-action’);
GDP-per-capita dependent contribution (‘Fwealth’);
energy intensity dependent contribution (‘Fintensity’);
cost-effective energy savings potential contribution (‘Fpotential’).
3. Fearly-action shall be calculated for each Member State as the product of its amount of energy savings and the improvement in the energy intensity that each Member State achieved. The amount of energy savings for each Member State shall be calculated on the basis of the reduction of energy consumption (in toe) to the Union’s reduction of energy consumption between the three-year average for the period 2007-2009 and the three-year average for the period 2017-2019. The improvement in the energy intensity for each Member State shall be calculated on the basis of the reduction of energy intensity (in toe/EUR) to the Union’s reduction of energy intensity between the three-year average for the period 2007-2009 and the three-year average for the period 2017-2019.
4. Fwealth shall be calculated for each Member State on the basis of its three-year average Eurostat's real GDP per capita index to the Union’s three-year average over the 2017-2019 period, expressed in Purchasing power parities (PPPs).
5. Fintensity shall be calculated for each Member State on the basis of its three-year average final energy intensity (FEC or PEC per real GDP in PPPs) index to the Union’s three-year average over 2017-2019 period.
6. Fpotential shall be calculated for each Member State on the basis of the final or primary energy savings under the PRIMES MIX 55 % scenario for 2030. The savings are expressed in relation to 2020 EU Reference Scenario projections for 2030.
7. For each criteria provided in point 2(a) to (d), a lower and upper limit shall be applied. The level of ambition for factors Fwealth Fintensity and Fpotential shall be capped at 50 % and 150 % of the Union average level of ambition under a given factor. The level of ambition for factor Fearly-action shall be capped at 50 % and 100 % of the Union average level of ambition.
8. The source of the input data used to calculate the factors is Eurostat unless stated otherwise.
9. Ftotal shall be calculated as the weighted sum of all four factors (Fearly-action. Fwealth Fintensity and Fpotential). The target shall be then calculated as the product of the total factor Ftotal and the Union target.
10. The Commission shall calculate a primary and final energy correction factor CEU, which shall be applied to adjust the sum of the formula results for all national contributions to the respective Union targets in 2030. The factor CEU is identical for all Member States.
ANNEX II
GENERAL PRINCIPLES FOR THE CALCULATION OF ELECTRICITY FROM COGENERATION
Part I
General principles
Values used for calculation of electricity from cogeneration shall be determined on the basis of the expected or actual operation of the unit under normal conditions of use. For micro-cogeneration units the calculation may be based on certified values.
Electricity production from cogeneration shall be considered equal to total annual electricity production of the unit measured at the outlet of the main generators if the following conditions are met:
in cogeneration units of types (2), (4), (5), (6), (7) and (8) as referred to in Part II with an annual overall efficiency set by Member States at a level of at least 75 %;
in cogeneration units of types (1) and (3) as referred to in Part II with an annual overall efficiency set by Member States at a level of at least 80 %.
In cogeneration units with an annual overall efficiency below the value referred to in point (1)(a), namely the cogeneration units of types (2), (4), (5), (6), (7), and (8) as referred to in Part II, or with an annual overall efficiency below the value referred to in point (1)(b), namely the cogeneration units of types (1) and (3) as referred to in Part II, electricity from cogeneration is calculated according to the following formula:
ECHP=HCHP*C
where:
ECHP is the amount of electricity from cogeneration;
C is the power-to-heat ratio;
HCHP is the amount of useful heat from cogeneration (calculated for this purpose as total heat production minus any heat produced in separate boilers or by live steam extraction from the steam generator before the turbine).
The calculation of electricity from cogeneration shall be based on the actual power-to-heat ratio. If the actual power-to-heat ratio of a cogeneration unit is not known, the following default values may be used, in particular for statistical purposes, for units of types (1), (2), (3), (4) and (5) as referred to in Part II provided that the calculated cogeneration electricity is less or equal to total electricity production of the unit:
|
Type of the unit |
Default power to heat ratio, C |
|
Combined cycle gas turbine with heat recovery |
0,95 |
|
Steam back pressure turbine |
0,45 |
|
Steam condensing extraction turbine |
0,45 |
|
Gas turbine with heat recovery |
0,55 |
|
Internal combustion engine |
0,75 |
If Member States introduce default values for power-to-heat ratios for units of types (6), (7), (8), (9), (10) and (11) as referred to in Part II, such default values shall be published and shall be notified to the Commission.
If a share of the energy content of the fuel input to the cogeneration process is recovered in chemicals and recycled, that share can be subtracted from the fuel input before calculating the overall efficiency used in points (1) and (2).
Member States may determine the power-to-heat ratio as the ratio of electricity to useful heat when operating in cogeneration mode at a lower capacity using operational data of the specific unit.
Member States may use reporting periods other than annual reporting periods for the purpose of the calculations in accordance with points (1) and (2).
Part II
Cogeneration technologies covered by this Directive
Combined cycle gas turbine with heat recovery
Steam back pressure turbine
Steam condensing extraction turbine
Gas turbine with heat recovery
Internal combustion engine
Microturbines
Stirling engines
Fuel cells
Steam engines
Organic Rankine cycles
Any other type of technology or combination comprising cogeneration.
When implementing and applying the general principles for the calculation of electricity from cogeneration, Member States shall use the detailed Guidelines established by Commission Decision 2008/952/EC ( 16 ).
ANNEX III
METHODOLOGY FOR DETERMINING THE EFFICIENCY OF THE COGENERATION PROCESS
Values used for calculation of efficiency of cogeneration and primary energy savings shall be determined on the basis of the expected or actual operation of the unit under normal conditions of use.
(a) High-efficiency cogeneration
For the purpose of this Directive, high-efficiency cogeneration shall fulfil the following criteria:
When a cogeneration unit is built or substantially refurbished, Member States shall ensure that there is no increase in the use of fossil fuels other than natural gas in existing heat sources compared to the annual consumption averaged over the previous three calendar years of full operation before refurbishment, and that any new heat sources in that system do not use fossil fuels other than natural gas.
(b) Calculation of primary energy savings
The amount of primary energy savings provided by cogeneration production defined in accordance with Annex II shall be calculated on the basis of the following formula:
Where:
PES is primary energy savings.
CHP Hη is the heat efficiency of the cogeneration production defined as annual useful heat output divided by the fuel input used to produce the sum of useful heat output and electricity from cogeneration.
Ref Hη is the efficiency reference value for separate heat production.
CHP Eη is the electrical efficiency of the cogeneration production defined as annual electricity from cogeneration divided by the fuel input used to produce the sum of useful heat output and electricity from cogeneration. Where a cogeneration unit generates mechanical energy, the annual electricity from cogeneration may be increased by an additional element representing the amount of electricity which is equivalent to that of mechanical energy. This additional element does not create a right to issue guarantees of origin in accordance with Article 26(13).
Ref Eη is the efficiency reference value for separate electricity production.
(c) Calculations of energy savings using alternative calculation
Member States may calculate primary energy savings from a production of heat and electricity and mechanical energy as indicated below without applying Annex II to exclude the non-cogenerated heat and electricity parts of the same process. Such a production can be regarded as high-efficiency cogeneration provided that it fulfils the efficiency criteria set out in point (a) of this Annex and, for cogeneration units with an electrical capacity larger than 25 MW, the overall efficiency is above 70 %. However, specification of the quantity of electricity from cogeneration produced in such a production, for issuing a guarantee of origin and for statistical purposes, shall be determined in accordance with Annex II.
If primary energy savings for a process are calculated using alternative calculation as indicated above the primary energy savings shall be calculated using the formula in point (b) of this Annex replacing: ‘CHP Hη’ with ‘Hη’ and ‘CHP Eη’ with ‘Eη’, where:
Hη means the heat efficiency of the process, defined as the annual heat output divided by the fuel input used to produce the sum of heat output and electricity output.
Eη means the electricity efficiency of the process, defined as the annual electricity output divided by the fuel input used to produce the sum of heat output and electricity output. Where a cogeneration unit generates mechanical energy, the annual electricity from cogeneration may be increased by an additional element representing the amount of electricity which is equivalent to that of mechanical energy. This additional element will not create a right to issue guarantees of origin in accordance with Article 26(13).
Member States may use reporting periods other than annual reporting periods for the purpose of the calculations in accordance with points (b) and (c) of this Annex.
For micro-cogeneration units the calculation of primary energy savings may be based on certified data.
(d) Efficiency reference values for separate production of heat and electricity
The harmonised efficiency reference values shall consist of a matrix of values differentiated by relevant factors, including year of construction and types of fuel, and shall be based on a well-documented analysis taking into account, inter alia, data from operational use under realistic conditions, fuel mix and climate conditions as well as applied cogeneration technologies.
The efficiency reference values for separate production of heat and electricity in accordance with the formula set out in point (b) shall establish the operating efficiency of the separate heat and electricity production that cogeneration is intended to substitute.
The efficiency reference values shall be calculated according to the following principles:
for cogeneration units the comparison with separate electricity production shall be based on the principle that the same fuel categories are compared;
each cogeneration unit shall be compared with the best available and economically justifiable technology for separate production of heat and electricity on the market in the year of construction of the cogeneration unit;
the efficiency reference values for cogeneration units older than 10 years shall be fixed on the reference values of units of 10 years;
the efficiency reference values for separate electricity production and heat production shall reflect the climatic differences between Member States.
ANNEX IV
ENERGY EFFICIENCY REQUIREMENTS FOR PUBLIC PROCUREMENT
In award procedures for public contracts and concessions, contracting authorities and contracting entities that purchase products, services, buildings and works, shall:
where a product is covered by a delegated act adopted under Regulation (EU) 2017/1369, Directive 2010/30/EU or by a related Commission implementing act, purchase only the products that comply with the criterion laid down in Article 7(2) of that Regulation;
where a product not covered under point (a) is covered by an implementing measure under Directive 2009/125/EC, purchase only products that comply with energy efficiency benchmarks specified in that implementing measure;
where a product or a service is covered by the Union green public procurement criteria or available equivalent national criteria, with relevance to energy efficiency of the product or service, make best efforts to purchase only products and services that respect at least the technical specifications set at ‘core’ level in the relevant Union green public procurement criteria or available equivalent national criteria including among others for data centres, server rooms and cloud services, road lighting and traffic signals, computers, monitors tablets and smartphones;
purchase only tyres that comply with the criterion of having the highest fuel energy efficiency class, as defined in Regulation (EU) 2020/740, which shall not prevent public bodies from purchasing tyres with the highest wet grip class or external rolling noise class where justified by safety or public health reasons;
require in their tenders for service contracts that service providers use, for the purposes of providing the services in question, only products that comply with points (a), (b) and (d), when providing the services in question. This requirement shall apply only to new products purchased by service providers partially or wholly for the purpose of providing the service in question;
purchase, or make new rental agreements for, buildings that comply at least with nearly zero-energy level, without prejudice to Article 6 of this Directive, unless the purpose of the purchase is:
to undertake deep renovation or demolition;
in the case of public bodies, to re-sell the building without using it for the public body’s own purposes; or
to preserve it as a building officially protected as part of a designated environment, or because of its special architectural or historic merit.
Compliance with the requirements laid down in point (f) of this Annex shall be verified by means of the energy performance certificates referred to in Article 11 of Directive 2010/31/EU.
ANNEX V
COMMON METHODS AND PRINCIPLES FOR CALCULATING THE IMPACT OF ENERGY EFFICIENCY OBLIGATION SCHEMES OR OTHER POLICY MEASURES UNDER ARTICLES 8, 9 AND 10 AND ARTICLE 30(14)
1. Methods for calculating energy savings other than those arising from taxation measures for the purposes of Articles 8, 9 and 10 and Article 30(14).
Obligated, participating or entrusted parties, or implementing public authorities, may use the following methods for calculating energy savings:
deemed savings, by reference to the results of previous independently monitored energy improvements in similar installations. The generic approach is termed ‘ex ante’;
metered savings, whereby the savings from the installation of a measure, or package of measures, are determined by recording the actual reduction in energy use, taking due account of factors such as additionality, occupancy, production levels and the weather which may affect consumption. The generic approach is termed ‘ex post’;
scaled savings, whereby engineering estimates of savings are used. This approach may be used only where establishing robust measured data for a specific installation is difficult or disproportionately expensive, for example replacing a compressor or electric motor with a different kWh rating from that for which independent information about savings has been measured, or where those estimates are carried out on the basis of nationally established methodologies and benchmarks by qualified or accredited experts that are independent of the obligated, participating or entrusted parties involved;
when calculating the energy savings for the purpose of Article 8(3) that can be counted to fulfil the obligation in that Article, Member States may estimate the energy savings of people affected by energy poverty, vulnerable customers, people in low-income households and, where applicable, people living in social housing on the basis of engineering estimates using standardised occupancy and thermal comfort conditions or parameters, such as parameters defined in national building regulations. The way comfort is considered for actions in buildings should be reported by the Member States to the Commission together with explanations of their calculation methodology.
surveyed savings, where consumers’ response to advice, information campaigns, labelling or certification schemes or smart metering is determined. This approach shall be used only for savings resulting from changes in consumer behaviour. It shall not be used for savings resulting from the installation of physical measures.
2. In determining the energy savings for an energy efficiency measure for the purposes of Articles 8, 9 and 10 and Article 30(14), the following principles apply:
Member States shall demonstrate that one of the objectives of the policy measure, whether new or existing, is the achievement of end-use energy savings pursuant to Article 8(1) and shall provide evidence and their documentation showing that the energy savings are caused by a policy measure, including voluntary agreements;
the savings shall be shown to be additional to those that would have occurred in any event without the activity of the obligated, participating or entrusted parties, or implementing public authorities. To determine the savings that can be claimed as additional, Member States shall have regard to how energy use and demand would evolve in the absence of the policy measure in question by taking into account at least the following factors: energy consumption trends, changes in consumer behaviour, technological progress and changes caused by other measures implemented at Union and national level;
savings resulting from the implementation of mandatory Union law shall be considered to be savings that would have occurred in any event, and thus shall not be claimed as energy savings for the purpose of Article 8(1). By way of derogation from that requirement, savings related to the renovation of existing buildings, including the savings resulting from the implementation of minimum energy performance standards in buildings in accordance with Directive 2010/31/EU, may be claimed as energy savings for the purpose of Article 8(1), provided that the materiality criterion referred to in point 3(h) of this Annex is ensured. Measures promoting energy efficiency improvements in the public sector pursuant to Article 5 and Article 6 may be eligible to be taken into account for the fulfilment of energy savings required under Article 8(1), provided that they result in verifiable and measurable or estimable end-use energy savings. The calculation of energy savings shall comply with this Annex;
end-use energy savings resulting from the implementation of energy efficiency improvement measures taken pursuant to emergency regulations under Article 122 TFEU may be claimed for the purpose of Article 8(1), provided that they result in verifiable and measurable or estimable end-use energy savings, with the exception of those energy savings resulting from rationing or curtailment measures;
measures taken pursuant to Regulation (EU) 2018/842 can be considered material, but Member States have to show that they result in verifiable and measurable or estimable end-use energy savings. The calculation of energy savings shall comply with this Annex;
Member States shall count only end use energy savings from policy measures in sectors or installations covered by Chapter IVa of Directive 2003/87/EC if they result from the implementation of Article 9 or 10 of this Directive and which go beyond the requirements laid down in Directive 2003/87/EC or beyond the implementation of actions linked to the allocation of free allowances under that Directive. Member States shall demonstrate that the policy measures result in verifiable and measurable or estimable end-use energy savings. The calculation of energy savings shall comply with this Annex. If an entity is an obligated party under a national energy efficiency obligation scheme under Article 9 of this Directive and under the EU ETS for buildings and road transport under Chapter IVa of Directive 2003/87/EC, the monitoring and verification system shall ensure that the carbon price passed through when releasing fuel for consumption under that Chapter is taken into account when calculating and reporting the energy savings of its energy saving measures;
credit may be given, provided that it is only given for savings exceeding the following levels:
Union emission performance standards for new passenger cars and new light commercial vehicles following the implementation of Regulation (EU) 2019/631 of the European Parliament and of the Council ( 17 ); Member States must provide reasons, their assumptions and their calculation methodology to show additionality to the Union’s new vehicle CO2 requirements;
Union requirements relating to the removal from the market of certain energy related products following the implementation of implementing measures under Directive 2009/125/EC. Member States shall provide evidence, their assumptions and their calculation methodology to show additionality;
policies with the purpose of encouraging higher levels of energy efficiency of products, equipment, transport systems, vehicles and fuels, buildings and building elements, processes or markets shall be permitted, except for policy measures:
regarding the use of direct combustion of fossil fuel technologies that are newly implemented as from 1 January 2026; and
subsidising the use of direct combustion of fossil fuel technologies in residential buildings as from 1 January 2026.
energy savings as a result of policy measures newly implemented as from 1 January 2024 regarding the use of direct fossil fuel combustion in products, equipment, transport systems, vehicles, buildings or works shall not count towards the fulfilment of energy savings obligation pursuant to Article 8(1)(b). In the case of policy measures promoting combinations of technologies, the share of energy savings related to the fossil fuel combustion technology are not eligible as from 1 January 2024.
by way of derogation from point (i), for the period 1 January 2024 to 31 December 2030, energy savings from direct fossil fuel combustion technologies improving the energy efficiency in energy intense enterprises in the industry sector may be counted as energy savings only for the purpose of Article 8(1), points (b) and (c), until 31 December 2030, provided that:
the enterprise has carried out an energy audit pursuant to Article 11(2) and an implementation plan including:
the continuation of the use of direct fossil fuel technologies is an energy efficiency measure to decrease energy consumption with a payback period of five years or less, on the basis of simple pay-back period methodologies provided by the Member State, recommended as result of an energy audit pursuant to Article 11(2) and included in the implementation plan;
the use of direct fossil fuel technologies complies with the most up-to-date corresponding Union emission performance legislation, does not lead to technology lock-in effects and ensures future compatibility with climate-neutral alternative fuels and technologies;
the use of direct fossil fuel technologies in the enterprise does not lead to an increased energy consumption or increase the capacity of the installation in that enterprise;
evidence is provided that no alternative, sustainable non-fossil fuel solution was technically feasible;
the use of direct fossil fuel technologies result in verifiable and measurable or estimable end-use energy savings calculated in accordance with this Annex;
evidence is published on a website or is made publicly available for all interested citizens;
measures promoting the installation of small-scale renewable energy technologies on or in buildings may be eligible to be taken into account for the fulfilment of energy savings required under Article 8(1), provided that they result in verifiable and measurable or estimable end-use energy savings. The calculation of energy savings shall comply with this Annex;
measures promoting the installation of solar thermal technologies may be eligible to be taken into account for the fulfilment of energy savings required under Article 8(1) provided that they result in verifiable and measurable or estimable end-use energy savings. The heat produced by solar thermal technologies from solar radiation can be excluded from their end-use energy consumption;
for policies that accelerate the uptake of more efficient products and vehicles, except those newly implemented as from 1 January 2024 regarding the use of direct fossil fuel combustion, full credit may be claimed, provided that it is shown that such uptake takes place before the expiry of the average expected lifetime of the product or vehicle, or before the product or vehicle would usually be replaced, and the savings are claimed only for the period until the end of the average expected lifetime of the product or vehicle to be replaced;
in promoting the uptake of energy efficiency measures, Member States shall, where relevant, ensure that quality standards for products, services and installation of measures are maintained or introduced where such standards do not exist;
to account for climatic variations between regions, Member States may choose to adjust the savings to a standard value or to accord different energy savings in accordance with temperature variations between regions;
the calculation of energy savings shall take into account the lifetime of the measures and the rate at which the savings decline over time. That calculation shall count the savings each individual action will achieve during the period from its date of implementation to the end of each obligation period. Alternatively, Member States may adopt another method that is estimated to achieve at least the same total quantity of savings. When using another method, Member States shall ensure that the total amount of energy savings calculated using that method does not exceed the amount of energy savings that would have been the result of their calculation when counting the savings each individual action will achieve during the period from its date of implementation to 2030. Member States shall describe in detail in their integrated national energy and climate plans notified pursuant to Article 3 and Articles 7 to 12 of Regulation (EU) 2018/1999 that other method and the provisions made to ensure that the binding calculation requirement is met.
3. Member States shall ensure that the following requirements for policy measures taken pursuant to Article 10 and Article 30(14) are met:
policy measures and individual actions produce verifiable end-use energy savings;
the responsibility of each participating party, entrusted party or implementing public authority, as relevant, is clearly defined;
the energy savings that are achieved or are to be achieved are determined in a transparent manner;
the amount of energy savings required or to be achieved by the policy measure is expressed in either primary energy consumption or final energy consumption, using the net calorific values or primary energy factors referred to in Article 31;
an annual report on the energy savings achieved by entrusted parties, participating parties and implementing public authorities be provided and made publicly available, as well as data on the annual trend of energy savings;
monitoring of the results and taking appropriate measures if progress is not satisfactory;
the energy savings from an individual action are not claimed by more than one party;
the activities of the participating party, entrusted party or implementing public authority are shown to be material to the achievement of the energy savings claimed;
the activities of the participating party, entrusted party or implementing public authority have no adverse effects on people affected by energy poverty, vulnerable customers and, where applicable, people living in social housing.
4. In determining the energy savings from taxation-related policy measures introduced under Article 10, the following principles shall apply:
short-run price elasticities for the calculation of the impact of the energy taxation measures shall represent the responsiveness of energy demand to price changes, and shall be estimated on the basis of recent and representative official data sources, which are applicable for the Member State, and, where applicable, on the basis of accompanying studies from an independent institute. If a different price elasticity than short-run elasticities is used, Member States shall explain how energy efficiency improvements due to the implementation of other Union legislation have been included in the baseline used to estimate the energy savings, or how a double-counting of energy savings from other Union legislation has been avoided;
the energy savings from accompanying taxation policy instruments, including fiscal incentives or payment to a fund, shall be accounted separately;
short-run elasticity estimates should be used to assess the energy savings from taxation measures to avoid overlap with Union law and other policy measures;
Member States shall determine distributional effects of taxation and equivalent measures on people affected by energy poverty, vulnerable customers and, where applicable, people living in social housing, and show the effects of the mitigation measures implemented in accordance with Article 24(1), (2) and (3);
Member States shall provide evidence, including calculation methodologies, that where there is an overlap in the impact of energy or carbon taxation measures or emissions trading in accordance with Directive 2003/87/EC, there is no double counting of energy savings.
5. Notification of methodology
Member States shall, in accordance with Regulation (EU) 2018/1999, notify to the Commission their proposed detailed methodology for the operation of the energy efficiency obligation schemes and alternative measures referred to in Articles 9 and 10, and Article 30(14) of this Directive. Except in the case of taxation, such notification shall include information on:
the level of the energy savings required under Article 8(1), first subparagraph, or savings expected to be achieved over the whole period from 1 January 2021 to 31 December 2030;
how the calculated quantity of new energy savings required under Article 8(1), first subparagraph, or energy savings expected to be achieved will be phased over the obligation period;
the obligated, participating or entrusted parties, or implementing public authorities;
target sectors;
policy measures and individual actions, including the expected total amount of cumulative energy savings for each measure;
policy measures or programmes or measures financed under a national energy efficiency fund implemented as a priority among people affected by energy poverty, vulnerable customers and, where applicable, people living in social housing;
the share and the amount of energy savings to be achieved among people affected by energy poverty, vulnerable customers and, where applicable, people living in social housing;
where applicable, the indicators applied, the arithmetic average share and the outcome of policy measures established pursuant to Article 8(3);
where applicable, impacts and adverse effects of policy measures implemented pursuant to Article 8(3) on people affected by energy poverty, vulnerable customers and, where applicable, people living in social housing;
the duration of the obligation period for the energy efficiency obligation scheme;
where applicable, the amount of energy savings or cost reduction targets to be achieved by obligated parties among people affected by energy poverty, vulnerable customers and, where applicable, people living in social housing;
the actions provided for by the policy measure;
the calculation methodology, including how additionality and materiality have been determined and which methodologies and benchmarks are used for deemed and scaled savings, and, where applicable, the net calorific values and conversion factors used;
the lifetimes of measures, and how they are calculated or what they are based upon;
the approach taken to address climatic variations within the Member State;
the monitoring and verification systems for measures under Articles 9 and 10 and how their independence from the obligated, participating or entrusted parties is ensured;
in the case of taxation:
the target sectors and segment of taxpayers;
the implementing public authority;
the savings expected to be achieved;
the duration of the taxation measure;
the calculation methodology, including the price elasticities used and how they have been established and
how overlaps with EU ETS in accordance with Directive 2003/87/EC have been avoided and the risk of double counting has been abolished.
ANNEX VI
MINIMUM CRITERIA FOR ENERGY AUDITS INCLUDING THOSE CARRIED OUT AS PART OF ENERGY MANAGEMENT SYSTEMS
The energy audits referred to in Article 11 shall:
be based on up-to-date, measured, traceable operational data on energy consumption and (for electricity) load profiles;
comprise a detailed review of the energy consumption profile of buildings or groups of buildings, industrial operations or installations, including transportation;
identify energy efficiency measures to decrease energy consumption;
identify the potential for cost-effective use or production of renewable energy;
build, whenever possible, on life-cycle cost analysis instead of simple payback periods in order to take account of long-term savings, residual values of long-term investments and discount rates;
be proportionate, and sufficiently representative to permit the drawing of a reliable picture of overall energy performance and the reliable identification of the most significant opportunities for improvement.
Energy audits shall allow detailed and validated calculations for the proposed measures so as to provide clear information on potential savings.
The data used in energy audits shall be storable for historical analysis and tracking performance.
ANNEX VII
MINIMUM REQUIREMENTS FOR MONITORING AND PUBLISHING THE ENERGY PERFORMANCE OF DATA CENTRES
The following minimum information shall be monitored and published with regard to the energy performance of data centres referred to in Article 12:
the name of the data centre, the name of the owner and operators of the data centre, the date on which the data centre started its operations and the municipality where the data centre is based;
the floor area of the data centre, the installed power, the annual incoming and outgoing data traffic, and the amount of data stored and processed within the data centre;
the performance, during the last full calendar year, of the data centre in accordance with key performance indicators about, inter alia, energy consumption, power utilisation, temperature set points, waste heat utilisation, water usage and use of renewable energy, using as a basis, where applicable, the CEN/CENELEC EN 50600-4 ‘Information technology – Data centre facilities and infrastructures’, until the entry into force of the delegated act adopted pursuant to Article 33(3).
▼M1 —————
ANNEX IX
MINIMUM REQUIREMENTS FOR BILLING AND CONSUMPTION INFORMATION FOR HEATING, COOLING AND DOMESTIC HOT WATER
1. Billing based on actual consumption or heat cost allocator readings
In order to enable final users to regulate their own energy consumption, billing shall take place on the basis of actual consumption or heat cost allocator readings at least once per year.
2. Minimum frequency of billing or consumption information
Until 31 December 2021, where remotely readable meters or heat cost allocators have been installed, billing or consumption information based on actual consumption or heat cost allocator readings shall be provided to final users at least on a quarterly basis upon request or where final customers have opted to receive electronic billing, or else twice a year.
From 1 January 2022, where remotely readable meters or heat cost allocators have been installed, billing or consumption information based on actual consumption or heat cost allocator readings shall be provided to final users at least on a monthly basis. It may also be made available via the internet and be updated as frequently as allowed by the measurement devices and systems used. Heating and cooling may be exempted from that requirement outside the heating or cooling seasons.
3. Minimum information contained in the bill
Member States shall ensure that the following information is made available to final users in clear and comprehensible terms in or with their bills where those are based on actual consumption or heat cost allocator readings:
current actual prices and actual consumption of energy or total heat cost and heat cost allocator readings;
the fuel mix used and the related annual GHG emissions, including for final users supplied by district heating or district cooling, and a description of the different taxes, levies and tariffs applied;
comparisons of the final users’ current energy consumption with consumption for the same period in the previous year, in graphic form and climate corrected for heating and cooling;
contact information for final customers’ organisations, energy agencies or similar bodies, including website addresses, from which information on available energy efficiency improvement measures, comparative end-user profiles and objective technical specifications for energy-using equipment may be obtained;
information about related complaints procedures, ombudsman services or alternative dispute resolution mechanisms, as applicable in the Member States;
comparisons with an average normalised or benchmarked final user in the same user category. In the case of electronic bills, such comparisons may instead be made available online and signposted to within the bills.
Member States may limit the scope of the requirement to provide information about GHG emissions pursuant to point (b) of the first subparagraph to include only supplies from district heating systems with a total rated thermal input exceeding 20 MW.
Bills that are not based on actual consumption or heat cost allocator readings shall contain a clear and comprehensible explanation of how the amount set out in the bill was calculated, and at least the information referred to in points (d) and (e).
ANNEX X
POTENTIAL FOR EFFICIENCY IN HEATING AND COOLING
The comprehensive assessment of national heating and cooling potentials referred to in Article 25(1) shall include and shall be based on the following:
Part I
OVERVIEW OF HEATING AND COOLING
1. heating and cooling demand in terms of assessed useful energy ( 20 ) and quantified final energy consumption in GWh per year ( 21 ) by sector:
residential;
services;
industry;
any other sector that individually consumes more than 5 % of total national useful heating and cooling demand;
2. the identification, or, in the case of point (a)(i), the identification or estimation, of current heating and cooling supply:
by technology, in GWh per year ( 22 ), within the sectors referred to in point 1 where possible, distinguishing between energy derived from fossil and renewable sources:
provided on-site in residential and service sites by:
provided on-site in non-service and non-residential sites by:
provided off-site by:
the identification of installations that generate waste heat or cold and their potential heating or cooling supply, in GWh per year:
thermal power generation installations that can supply or can be retrofitted to supply waste heat with a total thermal input exceeding 50 MW;
heat and power cogeneration installations using technologies referred to in Part II of Annex II with a total thermal input exceeding 20 MW;
waste incineration plants;
renewable energy installations with a total thermal input exceeding 20 MW other than the installations specified under points (i) and (ii) generating heating or cooling using the energy from renewable sources;
industrial installations with a total thermal input exceeding 20 MW which can provide waste heat;
reported share of energy from renewable sources and from waste heat or cold in the final energy consumption of the district heating and cooling ( 23 ) sector over the past 5 years, in accordance with Directive (EU) 2018/2001;
3. aggregated data on cogeneration units in existing district heating and cooling networks in five capacity ranges covering:
primary energy consumption;
overall efficiency;
primary energy savings;
CO2 emission factors;
4. aggregated data on existing district heating and cooling networks supplied from cogeneration in five capacity ranges covering:
overall primary energy consumption;
primary energy consumption of cogeneration units;
share of cogeneration in district heating or cooling supply;
district heating system losses;
district cooling system losses;
connection density;
shares of systems per different operating temperature groups;
5. a map covering the entire national territory, which, while preserving commercially sensitive information, identifies:
heating and cooling demand areas following from the analysis of point 1, while using consistent criteria for focusing on energy dense areas in municipalities and conurbations;
existing heating and cooling supply points identified under point 2(b) and district heating transmission installations;
planned heating and cooling supply points of the type described under point 2(b) and identified new areas for the district heating and cooling;
6. a forecast of trends in the demand for heating and cooling to maintain a perspective of the next 30 years in GWh and taking into account, in particular, projections for the next 10 years, the change in demand in buildings and different sectors of the industry, and the impact of policies and strategies related to the demand management, such as long-term building renovation strategies under Directive (EU) 2018/844 of the European Parliament and of the Council ( 24 );
Part II
OBJECTIVES, STRATEGIES AND POLICY MEASURES
7. planned contribution of the Member State to its national objectives, targets and contributions for the five dimensions of the Energy Union, as laid out in Article 3(2), point (b), of Regulation (EU) 2018/1999, delivered through efficiency in heating and cooling, in particular related to Article 4, point (b), points 1 to 4 and to Article 15 (4), point (b) of that Regulation, identifying which of those elements is additional compared to the integrated national energy and climate plan notified pursuant to Article 3 and Articles 7 to 12 of that Regulation;
8. a general overview of the existing policies and measures as described in the most recent report submitted in accordance with Articles 3, 20 and 21 and Article 27(a) of Regulation (EU) 2018/1999;
Part III
ANALYSIS OF THE ECONOMIC POTENTIAL FOR EFFICIENCY IN HEATING AND COOLING
9. an analysis of the economic potential ( 25 ) of different technologies for heating and cooling shall be carried out for the entire national territory by using the cost-benefit analysis referred to in Article 25(3) and shall identify alternative scenarios for more efficient and renewable heating and cooling technologies, distinguishing between energy derived from fossil and renewable sources where applicable.
The following technologies should be considered:
industrial waste heat and cold;
waste incineration;
high efficiency cogeneration;
renewable energy sources, such as geothermal, solar thermal and biomass, other than those used for high efficiency cogeneration;
heat pumps;
reducing heat and cold losses from existing district networks;
district heating and cooling;
10. the analysis of economic potential shall include the following steps and considerations:
Considerations:
the cost-benefit analysis for the purposes of Article 25(3) shall include an economic analysis that takes into consideration socioeconomic and environmental factors ( 26 ), and a financial analysis performed to assess projects from the investors’ point of view, both economic and financial analyses using the net present value as a criterion for the assessment;
the baseline scenario should serve as a reference point and take into account existing policies at the time of compiling this comprehensive assessment ( 27 ), and be linked to data collected under Part I and Part II, point 6 of this Annex;
alternative scenarios to the baseline shall take into account energy efficiency and the renewable energy objectives of Regulation (EU) 2018/1999, each scenario presenting the following elements compared to the baseline scenario:
Scenarios that are not feasible due to technical reasons, financial reasons or national regulation may be excluded at an early stage of the cost-benefit analysis, if justified on the basis of careful, explicit and well-documented considerations.
The assessment and decision-making should take into account costs and energy savings from the increased flexibility in energy supply and from a more optimal operation of the electricity networks, including avoided costs and savings from reduced infrastructure investment, in the analysed scenarios.
Costs and benefits
The costs and benefits referred to in point (a) shall include at least the following costs and benefits:
costs:
benefits:
Relevant scenarios to the baseline:
All relevant scenarios to the baseline shall be considered, including the role of efficient individual heating and cooling. The cost-benefit analysis may cover either a project assessment or a group of projects for a broader local, regional or national assessment in order to establish the most cost-effective and beneficial heating or cooling solution against a baseline for a given geographical area for the purpose of planning.
Boundaries and integrated approach:
the geographical boundary shall cover a suitable, well-defined geographical area;
the cost-benefit analyses shall take into account all relevant centralised or decentralised supply resources available within the system and geographical boundary, including technologies considered under Part III, point 9, of this Annex, and heating and cooling demand trends and characteristics.
Assumptions:
Member States shall provide assumptions, for the purpose of the cost-benefit analyses, on the prices of major input and output factors and the discount rate;
the discount rate used in the economic analysis to calculate net present value shall be chosen according to European or national guidelines;
Member States shall use national, European or international energy price development forecasts, if appropriate, in their national, regional or local context;
the prices used in the economic analysis shall reflect socio-economic costs and benefits. External costs, such as environmental and health effects, should be included to the extent possible, namely when a market price exists or when it is already included in European or national regulation.
Sensitivity analysis: a sensitivity analysis shall be included to assess the costs and benefits of a project or group of projects and be based on variable factors having a significant impact on the outcome of the calculations, such as different energy prices, levels of demand, discount rates and other.
Part IV
POTENTIAL NEW STRATEGIES AND POLICY MEASURES
11. an overview of new legislative and non-legislative policy measures ( 28 ) to realise the economic potential identified in accordance with points 9 and 10, together with a forecast of:
greenhouse gas emission reductions;
primary energy savings in GWh per year;
impact on the share of high-efficiency cogeneration;
impact on the share of renewables in the national energy mix and in the heating and cooling sector;
links to national financial programming and cost savings for the public budget and market participants;
estimated public support measures, if any, with their annual budget and identification of the potential aid element.
ANNEX XI
COST-BENEFIT ANALYSES
Cost-benefit analyses shall provide information for the purpose of the measures referred to in Article 25(3) and Article 26(7):
If an electricity-only installation or an installation without heat recovery is planned, a comparison shall be made between the planned installations or the planned refurbishment and an equivalent installation producing the same amount of electricity or process heat, but recovering the waste heat and supplying heat through high-efficiency cogeneration or district heating and cooling networks, or both.
Within a given geographical boundary the assessment shall take into account the planned installation and any appropriate existing or potential heat or cooling demand points that could be supplied from it, taking into account rational possibilities, for example, technical feasibility and distance.
The system boundary shall be set to include the planned installation and the heat and cooling loads, such as building(s) and industrial process. Within this system boundary the total cost of providing heat and power shall be determined for both cases and compared.
Heat or cooling loads shall include existing heat or cooling loads, such as an industrial installation or an existing district heating or cooling system, and also, in urban areas, the heat or cooling load and costs that would exist if a group of buildings or part of a city were provided with or connected into a new district heating or cooling network, or both.
Cost-benefit analyses shall be based on a description of the planned installation and the comparison installation(s), covering electrical and thermal capacity, as applicable, fuel type, planned usage and the number of planned operating hours every year, location and electricity and thermal demand.
An assessment of waste heat utilisation shall take into consideration current technologies. The assessment shall take into consideration the direct use of waste heat or its upgrading to higher temperature levels, or both. In the case of waste heat recovery on-site, at least the use of heat exchangers, heat pumps, and heat to power technologies shall be assessed. In the case of waste heat recovery off-site, at least industrial installations, agriculture sites and district heating networks shall be assessed as potential demand points.
For the purpose of the comparison, the thermal energy demand and the types of heating and cooling used by the nearby heat or cooling demand points shall be taken into account. The comparison shall cover infrastructure related costs for the planned and comparison installation.
Cost-benefit analyses for the purposes of Article 26(7) shall include an economic analysis covering a financial analysis reflecting actual cash flow transactions from investing in and operating individual installations.
Projects with positive cost-benefit outcome are those where the sum of discounted benefits in the economic and financial analysis exceeds the sum of discounted costs (cost-benefit surplus).
Member States shall set guiding principles for the methodology, assumptions and time horizon for the economic analysis.
Member States may require that the companies responsible for the operation of thermal electric generation installations, industrial companies, district heating and cooling networks, or other parties influenced by the defined system boundary and geographical boundary, contribute data for use in assessing the costs and benefits of an individual installation.
ANNEX XII
GUARANTEE OF ORIGIN FOR ELECTRICITY PRODUCED FROM HIGH-EFFICIENCY COGENERATION
Member States shall take measures to ensure that:
the guarantee of origin of the electricity produced from high-efficiency cogeneration:
the same unit of energy from high-efficiency cogeneration is taken into account only once.
The guarantee of origin referred to in Article 26(13) shall contain at least the following information:
the identity, location, type and capacity (thermal and electrical) of the installation where the energy was produced;
the dates and places of production;
the lower calorific value of the fuel source from which the electricity was produced;
the quantity and the use of the heat generated together with the electricity;
the quantity of electricity from high-efficiency cogeneration in accordance with Annex III that the guarantee of origin represents;
the primary energy savings calculated in accordance with Annex III on the basis of the harmonised efficiency reference values indicated in Annex III, point (d);
the nominal electric and thermal efficiency of the plant;
whether and to what extent the installation has benefited from investment support;
whether and to what extent the unit of energy has benefited in any other way from a national support scheme, and the type of support scheme;
the date on which the installation became operational; and
the date and country of issue and a unique identification number.
The guarantee of origin shall be of the standard size of 1 MWh. It shall relate to the net electricity output measured at the station boundary and exported to the grid.
ANNEX XIII
ENERGY EFFICIENCY CRITERIA FOR ENERGY NETWORK REGULATION AND FOR ELECTRICITY NETWORK TARIFFS
1. Network tariffs shall be transparent and non-discriminatory, and shall comply with Article 18 of Regulation (EU) 2019/943 and be cost-reflective of cost-savings in networks achieved from demand-side and demand- response measures and distributed generation, including savings from lowering the cost of delivery or of network investment and a more optimal operation of the network.
2. Network regulation and tariffs shall not prevent network operators or energy retailers making available system services for demand response measures, demand management and distributed generation on organised electricity markets, including over-the-counter markets and electricity exchanges for trading energy, capacity, balancing and ancillary services in all timeframes, including forward, day-ahead and intra-day markets, in particular:
the shifting of the load from peak to off-peak times by final customers taking into account the availability of renewable energy, energy from cogeneration and distributed generation;
energy savings from demand response of distributed consumers by independent aggregators;
demand reduction from energy efficiency measures undertaken by energy service providers, including ESCOs;
the connection and dispatch of generation sources at lower voltage levels;
the connection of generation sources from closer location to the consumption; and
the storage of energy.
3. Network or retail tariffs may support dynamic pricing for demand response measures by final customers, such as:
time-of-use tariffs;
critical peak pricing;
real time pricing; and
peak time rebates.
ANNEX XIV
ENERGY EFFICIENCY REQUIREMENTS FOR TRANSMISSION SYSTEM OPERATORS AND DISTRIBUTION SYSTEM OPERATORS
Transmission system operators and distribution system operators shall:
set up and make public their standard rules relating to the bearing and sharing of costs of technical adaptations, such as grid connections, grid reinforcements and the introduction of new grids, improved operation of the grid and rules on the non-discriminatory implementation of the grid codes, which are necessary in order to integrate new producers feeding electricity produced from high-efficiency cogeneration into the interconnected grid;
provide any new producer of electricity produced from high-efficiency cogeneration wishing to be connected to the system with the comprehensive and necessary information required, including:
a comprehensive and detailed estimate of the costs associated with the connection;
a reasonable and precise timetable for receiving and processing the request for grid connection;
a reasonable indicative timetable for any proposed grid connection. The overall process to become connected to the grid should be no longer than 24 months, bearing in mind what is reasonably practicable and non-discriminatory;
provide standardised and simplified procedures for the connection of distributed high-efficiency cogeneration producers to facilitate their connection to the grid.
The standard rules referred to in point (a) of the first paragraph shall be based on objective, transparent and non-discriminatory criteria taking particular account of all the costs and benefits associated with the connection of those producers to the grid. They may provide for different types of connection.
ANNEX XV
MINIMUM ITEMS TO BE INCLUDED IN ENERGY PERFORMANCE CONTRACTS OR IN THE ASSOCIATED TENDER SPECIFICATIONS
ANNEX XVI
Part A
Repealed Directive with list of the successive amendments thereto (referred to in Article 39)
|
Directive 2012/27/EU of the European Parliament and of the Council (OJ L 315, 14.11.2012, p. 1) |
|
|
Council Directive 2013/12/EU (OJ L 141, 28.5.2013, p. 28) |
|
|
Directive (EU) 2018/844 of the European Parliament and of the Council (OJ L 156, 19.6.2018, p. 75) |
only Article 2 |
|
Directive (EU) 2018/2002 of the European Parliament and of the Council (OJ L 328, 21.12.2018, p. 210) |
|
|
Regulation (EU) 2018/1999 of the European Parliament and of the Council (OJ L 328, 21.12.2018, p. 1) |
only Article 54 |
|
Decision (EU) 2019/504 of the European Parliament and of the Council (OJ L 85I, 27.3.2019, p. 66) |
only Article 1 |
|
Commission Delegated Regulation (EU) 2019/826 (OJ L 137, 23.5.2019, p. 3) |
|
|
Directive (EU) 2019/944 of the European Parliament and of the Council (OJ L 158, 14.6.2019, p. 125) |
only Article 70 |
Part B
Time-limits for transposition into national law (referred to in Article 39)
|
Directive |
Time-limit for transposition |
|
2012/27/EU |
5 June 2014 |
|
(EU) 2018/844 |
10 March 2020 |
|
(EU) 2018/2002 |
25 June 2020, with the exception of points 5 to 10 of Article 1 and points 3 and 4 of the Annex 25 October 2020 as regards points 5 to 10 of Article 1 and points 3 and 4 of the Annex |
|
(EU) 2019/944 |
31 December 2019 as regards point (5)(a) of Article 70 25 October 2020 as regards point (4) of Article 70 31 December 2020 as regards points (1) to (3), (5)(b) and (6) of Article 70 |
ANNEX XVII
Correlation Table
|
Directive 2012/27/EU |
This Directive |
|
Article 1 |
Article 1 |
|
Article 2, introductory wording |
Article 2, introductory wording |
|
Article 2, point 1 |
Article 2, point 1 |
|
- |
Article 2, points 2, 3 and 4 |
|
Article 2, point 2 |
Article 2, point 5 |
|
Article 2, point 3 |
Article 2, point 6 |
|
- |
Article 2, point 7 |
|
Article 2, point 4 |
Article 2, point 8 |
|
Article 2, point 5 |
Article 2, point 9 |
|
Article 2, point 6 |
Article 2, point 10 |
|
Article 2, point 7 |
Article 2, point 11 |
|
Article 2, point 8 |
Article 2, point 12 |
|
Article 2, point 9 |
- |
|
Article 2, point 10 |
Article 2, point 13 |
|
_ |
Article 2, points 14 and 15 |
|
Article 2, point 11 |
Article 2, point 16 |
|
Article 2, point 12 |
Article 2, point 17 |
|
Article 2, point 13 |
Article 2, point 18 |
|
Article 2, point 14 |
Article 2, point 19 |
|
Article 2, point 15 |
Article 2, point 20 |
|
Article 2, point 16 |
Article 2, point 21 |
|
Article 2, point 17 |
Article 2, point 22 |
|
Article 2, point 18 |
Article 2, point 23 |
|
Article 2, point 19 |
Article 2, point 24 |
|
Article 2, point 20 |
Article 2, point 25 |
|
Article 2, point 21 |
Article 2, point 26 |
|
Article 2, point 22 |
Article 2, point 27 |
|
Article 2, point 23 |
Article 2, point 28 |
|
Article 2, point 24 |
Article 2, point 29 |
|
- |
Article 2, point 30 |
|
- |
Article 2, point 31 |
|
Article 2, point 25 |
Article 2, point 32 |
|
Article 2, point 26 |
- |
|
Article 2, point 27 |
Article 2, point 33 |
|
Article 2, point 28 |
Article 2, point 34 |
|
Article 2, point 29 |
Article 2, point 35 |
|
Article 2, point 30 |
Article 2, point 36 |
|
Article 2, point 31 |
Article 2, point 37 |
|
Article 2, point 32 |
Article 2, point 38 |
|
Article 2, point 33 |
Article 2, point 39 |
|
Article 2, point 34 |
Article 2, point 40 |
|
Article 2, point 35 |
Article 2, point 41 |
|
Article 2, point 36 |
Article 2, point 42 |
|
Article 2, point 37 |
Article 2, point 43 |
|
Article 2, point 38 |
Article 2, point 44 |
|
Article 2, point 39 |
Article 2, point 45 |
|
Article 2, point 40 |
- |
|
Article 2, point 41 |
Article 2, point 46 |
|
Article 2, point 42 |
Article 2, point 47 |
|
Article 2, point 43 |
Article 2, point 48 |
|
- |
Article 2, point 49 |
|
Article 2, point 44 |
Article 2, point 50 |
|
Article 2, point 45 |
Article 2, point 51 |
|
- |
Article 2, points 52, 53,54, 55 and 56 |
|
- |
Article 3 |
|
- |
Article 4(1) |
|
Article 3(1), first subparagraph |
Article 4(2), first subparagraph Article 4(2), second subparagraph |
|
Article 3(1), second subparagraph, introductory wording |
Article 4(3), first subparagraph, introductory wording |
|
Article 3(1), second subparagraph, points (a) and (b) |
Article 4(3), first subparagraph, points (a) and (b) |
|
Article 3(1), second subparagraph, point (c) |
- |
|
Article 3(1), second subparagraph, point (d) |
Article 4(3), first subparagraph, point (c) |
|
Article 3(1), third subparagraph, introductory wording |
- |
|
- |
Article 4(3), first subparagraph, point (d), introductory wording |
|
- |
Article 4(3), first subparagraph, points (d)(i), (ii) and (iii) |
|
Article 3(1), third subparagraph, point (a) |
Article 4(3), first subparagraph, point (d)(iv) |
|
- |
Article 4(3), first subparagraph, point (e), introductory wording |
|
Article 3(1), third subparagraph, point (b) |
Article 4(3), first subparagraph, point (e)(i) |
|
Article 3(1), third subparagraph, point (c) |
Article 4(3), first subparagraph, point (e)(ii) |
|
Article 3(1), third subparagraph, point (d) |
Article 4(3), first subparagraph, point (e)(iii) |
|
Article 3(1), third subparagraph, point (e) |
- |
|
- |
Article 4(3), first subparagraph, point (e)(iv) |
|
Article 3(2) and (3) |
- |
|
Article 3(4) |
Article 35(6) |
|
Article 3(5) and (6) |
- |
|
- |
Article 4(4) |
|
- |
Article 4(5) |
|
|
Article 4(6) |
|
|
Article 4(7) |
|
- |
Article 5 |
|
Article 5(1), first subparagraph |
Article 6(1), first subparagraph |
|
Article 5(1), second subparagraph |
Article 6(1), fifth subparagraph |
|
- |
Article 6(1), second and third subparagraph |
|
Article 5(1), third subparagraph |
Article 6(1), fourth subparagraph |
|
Article 5(1), fourth and fifth subparagraph |
- |
|
Article 5(2) - |
Article 6(2) Article 6(2), second subparagraph |
|
Article 5(3) |
Article 6(3) |
|
Article 5(4) |
Article 6(4) |
|
Article 5(5) |
Article 6(5) |
|
Article 5(5), first subparagraph, point (b) |
Article 6(5), second subparagraph, point (c) |
|
- |
Article 6(5), second subparagraph, point (b) |
|
Article 5(6) |
Article 6(6) |
|
- |
Article 6(6), second subparagraph, point (a) |
|
Article 5(6), second subparagraph |
Article 6(6), second subparagraph, point (b) |
|
Article 5(6), third subparagraph |
Article 6(6), third subparagraph |
|
Article 5(7) |
- |
|
Article 6(1), first subparagraph |
Article 7(1), first subparagraph |
|
Article 6(1), second subparagraph |
Article 7(1), first subparagraph |
|
|
Article 7(1), second subparagraph |
|
|
- |
|
Article 6(2), (3) and (4) |
Article 7(2), (3) and (4) |
|
- |
Article 7(5), (6), (7) and (8) |
|
- |
|
|
Article 7(1), introductory wording, point (a) and (b) |
Article 8(1), introductory wording, point (a) and (b) |
|
- |
Article 8(1), point (c) |
|
Article 7(1), second subparagraph |
Article 8(5) |
|
Article 7(1), third subparagraph |
Article 8(1), fifth subparagraph |
|
Article 7(1), fourth subparagraph |
Article 8(1), fourth subparagraph |
|
- |
Article 8 (3) and (4) |
|
Article 7(2) |
Article 8(6) |
|
Article 7(3) |
Article 8(7) |
|
Article 7(4) |
Article 8(8) |
|
Article 7(5) |
Article 8(9) |
|
Article 7(6) |
Article 8(10) |
|
Article 7(7) |
- |
|
Article 7(8) |
- |
|
Article 7(9) |
- |
|
Article 7(10) |
Article 8(2) |
|
Article 7(11) |
- |
|
|
Article 8(11), (12) and (13) |
|
Article 7(12) |
Article 8(14) |
|
Article 7a (1) |
Article 9(1) |
|
Article 7a(2) |
Article 9(3) |
|
Article 7a(3) |
Article 9(4) |
|
- |
Article 9(2) |
|
- |
Article 9(5), (6) and (7) |
|
Article 7a (4) and (5) |
Article 9(8) and (9) |
|
- |
Article 9(10) |
|
Article 7a (6) and (7) |
Article 9(11) and (12) |
|
Article 7b (1) and (2) |
Article 10(1) and (2) |
|
- |
Article 10(3) and (4) |
|
- |
Article 11(1) and (2) |
|
- |
Article 11(3) and (4) |
|
Article 8(1) and (2) |
Article 11(5), (6) and (7) |
|
Article 8(3) and (4) |
- |
|
- |
Article 11(8) |
|
Article 8(5) |
Article 11(9) |
|
- |
Article 11(10) |
|
Article 8(6) |
Artice 11(11) |
|
Article 8(7) |
Article 11(12) |
|
- |
Article 12 |
|
Article 9 |
Article 13 |
|
Article 9a |
Article 14 |
|
Article 9b |
Article 15 |
|
Article 9c |
Article 16 |
|
Article 10 |
Article 17 |
|
Article 10a |
Article 18 |
|
Article 11 |
Article 19 |
|
Article 12 |
Article 20 |
|
- |
Article 21 |
|
- |
Article 22(1) |
|
Article 12(1) |
Article 22(2) |
|
Article 12(2), introductory wording and point (a), points (i) to (v) |
Article 22(2), second subparagraph, points (a) to (g) Article 22(2), second subparagraph, point (h) |
|
Article 12(2), point (b) |
Article 22(3), third subparagraph |
|
- |
Article 22(3), third subparagraph, points (a) and (b) |
|
Article 12(2), point (b), points (i) and (ii) |
Article 22(3), third subparagraph, points (c) and (d) |
|
- |
Article 22(3), third subparagraph, point (e) |
|
- |
Article 22 (4) to (9) |
|
- |
Article 23 |
|
- |
Article 24 |
|
Article 13 |
Article 32 |
|
Article 14(1) |
Article 25(1) |
|
- |
Article 25(2) |
|
Article 14(2) |
Article 25(5) |
|
Article 14(3) |
Article 25(3), first subparagraph |
|
- |
Article 25(3), second subparagraph |
|
Article 14(4) |
Article 25(4) |
|
- |
Article 25(6) |
|
- |
Article 26(1), (2), (3), (4), (5) and (6) |
|
Article 14(5), introductory wording and point (a) |
Article 26(7), introductory wording and point (a) |
|
Article 14(5), points (b), (c) and (d) |
- |
|
- |
Article 26(7), points (b), (c) and (d) and second subparagraph |
|
Article 14(5), second and third subparagraphs |
Article 26(7), third and fourth subparagraphs |
|
Article 14(6), point (a) |
Article 26(8), point (a) |
|
Article 14(6), point (b) |
- |
|
Article 14(6), point (c) |
Article 26(8), point (b) |
|
- |
Article 26(8), point (c) |
|
Article 14(6), second and third subparagraphs |
Article 26(8), second and third subparagraphs |
|
Article 14(7), (8) and (9) |
Article 26(9), (10) and (11) |
|
- |
Article 26(12) |
|
Article 14(10) and (11) |
Article 26(13) and (14) |
|
Article 15(1), first subparagraph |
Article 27(1) |
|
Article 15(1), second and third subparagraphs |
- |
|
- |
Article 27(2), (3) and (4) |
|
Article 15(1), fourth subparagraph |
Article 27(5) |
|
Article 15(2) and (2a) |
- |
|
Article 15(3), (4) and (5), first subparagraph |
Article 27(6), (7) and (8) |
|
Article 15(5), second suparagraph |
- |
|
Article 15(6), first subparagraph |
- |
|
Article 15(6), second subparagraph |
Article 27(9) |
|
Article 15(7) |
Article 27(10) |
|
Article 15(9), first subparagraph |
Article 27(11) |
|
Article 15(9), second subparagraph |
- |
|
Article 16(1) and (2) |
- |
|
- |
Article 28(1), (2), (3)and (5) |
|
Article 16(3) |
Article 28(4) |
|
Article 17(1), first subparagraph |
- |
|
Article 17(1), second subparagraph |
Article 30(3) |
|
Article 17(2) |
Article 22(7) |
|
Article 17(3) |
- |
|
Article 17(4) |
- |
|
Article 17(5) |
Article 22(10) |
|
Article 18(1), introductory wording |
Article 29(1), introductory wording |
|
Article 18(1), point (a), points (i) and (ii) |
Article 29(1), points (a) and (b) |
|
- |
Article 29(1), points (c) and (d) |
|
Article 18(1), point (b) |
Article 29(2) |
|
Article 18(1), point (c) |
Article 29(3) |
|
- |
Article 29(4) |
|
Article 18(1), point (d), points (i) and (ii) |
Article 29(5), points (a) and (b) |
|
- |
Article 29(5), point (c) |
|
Article 18(2), points (a) and (b) |
Article 29(6), points (a) and (b) |
|
Article 18(2), point (c) and (d) |
- |
|
- |
Article 29(6), point (c) |
|
- |
Article 29(7) |
|
Article 18(3) |
Article 29(8) |
|
Article 19(1), point (a) |
Article 22(5), first subparagraph |
|
Article 19(1), point (b) |
Article 7(7), first subparagraph |
|
Article 19(1), second subparagraph |
Article 22(9), second subparagraph |
|
Article 19(2) |
- |
|
Article 20(1) and (2) |
Article 30(1) and (2) |
|
- |
Article 30(3), (4), (5), |
|
Article 20(3), (3a), (3b) and (3c) |
Article 30(6), (7), (8) and (9) |
|
Article 20(3d) |
Article 30(10), first subparagraph |
|
- |
Article 30(10), second subparagraph |
|
Article 20(4), (5), (6) and (7) |
Article 30(11), (13), (14) and (15) |
|
- |
Article 30(12) |
|
- |
Article 30(16) |
|
- |
Article 30(17) and (18) |
|
Article 21 |
Article 31(1) |
|
Annex IV, footnote 3 |
Article 31(2), (3) and (4) |
|
- |
Article 31(5) |
|
Annex IV, footnote 3 |
Article 31(6) and (7) |
|
Article 22(1) and (2) |
Article 33(1) and (2) |
|
- |
Article 33(3) |
|
Article 23 |
Article 34 |
|
Article 24(4a), (5) and (6) |
Article 35(1), (2) and (3) |
|
Article 24(7), (8), (9), (10), (12) |
- |
|
Article 24(13) and (14) |
Article 35(4) and (5) |
|
Article 24(15), introductory wording |
Article 35(7), introductory wording |
|
Article 24(15), point (a) |
- |
|
Article 24(15), point (b) |
Article 35(7), point (a) |
|
- |
Article 35(7), point (b), (c), (d), (e),(f), (g) and (h) |
|
- |
Article 35(7), second subparagraph |
|
Article 24(8) |
Article 35(7), third subparagraph |
|
Article 25 |
- |
|
Article 26 |
- |
|
Article 28 |
Article 36 |
|
- |
Article 37 |
|
Article 27, first paragraph |
Article 38, first paragraph |
|
Article 27, second paragraph |
- |
|
Article 27, third paragraph |
Article 38, second paragraph |
|
|
|
|
Article 28(1), first subparagraph |
Article 36(1), first subparagraph |
|
Article 28(1), second subparagraph |
- |
|
Article 28(1), third and fourth subparagraphs |
Article 36(1), secondsubparagraph |
|
Article 28(2) |
Article 36(2) |
|
Article 29 |
Article 39 |
|
- |
Article 39, second paragraph |
|
- |
Article 39, third paragraph |
|
Article 30 |
Article 40 |
|
- |
Annex I |
|
Annex I |
Annex II |
|
Annex II |
Annex III |
|
Annex III |
Annex IV |
|
Annex IV |
- |
|
Annex V |
Annex V |
|
Annex VI - |
Annex VI Annex VII |
|
Annex VII |
Annex VIII |
|
Annex VIIa |
Annex IX |
|
Annex VIII |
Annex X |
|
Annex IX |
Annex XI |
|
Annex X |
Annex XII |
|
Annex XI |
Annex XIII |
|
Annex XII |
Annex XIV |
|
Annex XIII |
Annex XV |
|
Annex XV |
- |
|
- |
Annex XVI |
|
- |
Annex XVII |
( 1 ) Regulation (EU) 2021/1119 of the European Parliament and of the Council of 30 June 2021 establishing the framework for achieving climate neutrality and amending Regulations (EC) No 401/2009 and (EU) 2018/1999 (‘European Climate Law’) (OJ L 243, 9.7.2021, p. 1).
( 2 ) Regulation (EC) No 1099/2008 of the European Parliament and of the Council of 22 October 2008 on energy statistics (OJ L 304, 14.11.2008, p. 1).
( 3 ) Commission Recommendation 2003/361/EC of 6 May 2003 concerning the definition of micro, small and medium-sized enterprises (OJ L 124, 20.5.2003, p. 36).
( 4 ) Commission Recommendation (EU) 2021/1749 of 28 September 2021 on Energy Efficiency First: from principles to practice — Guidelines and examples for its implementation in decision-making in the energy sector and beyond (OJ L 350, 4.10.2021, p. 9).
( 5 ) Directive 2009/81/EC of the European Parliament and of the Council of 13 July 2009 on the coordination of procedures for the award of certain works contracts, supply contracts and service contracts by contracting authorities or entities in the fields of defence and security, and amending Directives 2004/17/EC and 2004/18/EC (OJ L 216, 20.8.2009, p. 76).
( 6 ) Commission Implementing Regulation (EU) 2019/1780 of 23 September 2019 establishing standard forms for the publication of notices in the field of public procurement and repealing Implementing Regulation (EU) 2015/1986 (‘eForms’) (OJ L 272, 25.10.2019, p. 7)
( 7 ) Commission Implementing Regulation (EU) 2018/2066 of 19 December 2018 on the monitoring and reporting of greenhouse gas emissions pursuant to Directive 2003/87/EC of the European Parliament and of the Council and amending Commission Regulation (EU) No 601/2012 (OJ L 334, 31.12.2018, p. 1).
( 8 ) Directive 2011/83/EU of the European Parliament and of the Council of 25 October 2011 on consumer rights, amending Council Directive 93/13/EEC and Directive 1999/44/EC of the European Parliament and of the Council and repealing Council Directive 85/577/EEC and Directive 97/7/EC of the European Parliament and of the Council (OJ L 304, 22.11.2011, p. 64).
( 9 ) Council Directive 93/13/EEC of 5 April 1993 on unfair terms in consumer contracts (OJ L 95, 21.4.1993, p. 29).
( 10 ) Directive (EU) 2015/2366 of the European Parliament and of the Council of 25 November 2015 on payment services in the internal market, amending Directives 2002/65/EC, 2009/110/EC and 2013/36/EU and Regulation (EU) No 1093/2010, and repealing Directive 2007/64/EC (OJ L 337, 23.12.2015, p. 35).
( 11 ) Directive 2013/11/EU of the European Parliament and of the Council of 21 May 2013 on alternative dispute resolution for consumer disputes and amending Regulation (EC) No 2006/2004 and Directive 2009/22/EC (Directive on consumer ADR) (OJ L 165, 18.6.2013, p. 63).
( 12 ) Directive 2001/42/EC of the European Parliament and of the Council of 27 June 2001 on the assessment of the effects of certain plans and programmes on the environment (OJ L 197, 21.7.2001, p. 30).
( 13 ) Regulation (EC) No 765/2008 of the European Parliament and of the Council of 9 July 2008 setting out the requirements for accreditation and repealing Regulation (EEC) No 339/93 (OJ L 218, 13.8.2008, p. 30).
( 14 ) Commission Delegated Regulation (EU) 2021/2178 of 6 July 2021 supplementing Regulation (EU) 2020/852 of the European Parliament and of the Council by specifying the content and presentation of information to be disclosed by undertakings subject to Articles 19a or 29a of Directive 2013/34/EU concerning environmentally sustainable economic activities, and specifying the methodology to comply with that disclosure obligation (OJ L 443, 10.12.2021, p. 9).
( 15 ) Regulation (EU) No 575/2013 of the European Parliament and of the Council of 26 June 2013 on prudential requirements for credit institutions and amending Regulation (EU) No 648/2012 (OJ L 176, 27.6.2013, p. 1).
( *1 ) Directive (EU) 2023/1791 of the European Parliament and of the Council of 13 September 2023 on energy efficiency and amending Regulation (EU) 2023/955 (OJ L 231, 20.9.2023, p. 1).’.
( 16 ) Commission Decision 2008/952/EC of 19 November 2008 establishing detailed guidelines for the implementation and application of Annex II to Directive 2004/8/EC of the European Parliament and of the Council (OJ L 338, 17.12.2008, p. 55).
( 17 ) Regulation (EU) 2019/631 of the European Parliament and of the Council of 17 April 2019 setting CO2 emission performance standards for new passenger cars and for new light commercial vehicles, and repealing Regulations (EC) No 443/2009 and (EU) No 510/2011 (OJ L 111, 25.4.2019, p. 13).
( 18 ) Council Directive 2003/96/EC of 27 October 2003 restructuring the Community framework for the taxation of energy products and electricity (OJ L 283, 31.10.2003, p. 51).
( 19 ) Council Directive 2006/112/EC of 28 November 2006 on the common system of value added tax (OJ L 347, 11.12.2006, p. 1).
( 20 ) The amount of thermal energy needed to satisfy the heating and cooling demand of end-users.
( 21 ) The most recent data available should be used.
( 22 ) The most recent data available should be used.
( 23 ) The identification of ‘renewable cooling’ shall, after the methodology for calculating the quantity of renewable energy used for cooling and district cooling is established in accordance with Article 35 of Directive (EU) 2018/2001, be carried out in accordance with that Directive. Until then it shall be carried out according to an appropriate national methodology.
( 24 ) Directive (EU) 2018/844 of the European Parliament and of the Council of 30 May 2018 amending Directive 2010/31/EU on the energy performance of buildings and Directive 2012/27/EU on energy efficiency (OJ L 156, 19.6.2018, p. 75).
( 25 ) The analysis of the economic potential should present the volume of energy (in GWh) that can be generated per year by each technology analysed. The limitations and interrelations within the energy system should also be taken into account. The analysis may make use of models based on assumptions representing the operation of common types of technologies or systems.
( 26 ) Including the assessment referred to in Article 15 (7) of Directive (EU) 2018/2001.
( 27 ) The cut-off date for taking into account policies for the baseline scenario is the end of the year preceding to the year by the end of which the comprehensive assessment is due. That is to say, policies enacted within a year prior to the deadline for submission of the comprehensive assessment do not need to be taken into account.
( 28 ) This overview shall include financing measures and programmes that may be adopted over the period of the comprehensive assessment, not prejudging a separate notification of the public support schemes for a State aid assessment.