Working document for informal trialogue 04/04/2012

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Working document for informal trialogue 04/04/2012

  1. 1. COUNCIL OF Brussels, 29 March 2012 THE EUROPEAN UNION 7659/12 ADD 1 Interinstitutional File: 2011/0172 (COD) LIMITE ENER 94 ENV 206 TRANS 81 ECOFIN 259 RECH 88 CODEC 662NOTEfrom: General Secretariat of the Councilto: DelegationsNo. Cion prop.: 12046/11 ENER 256 ENV 582 TRANS 201 ECOFIN 454 RECH 252 CODEC 1102Subject: Proposal for a Directive of the European Parliament and of the Council on energy efficiency and repealing Directives 2004/8/EC and 2006/32/ECThe annex to this note contains a four-column document on the above mentioned proposal(preamble and articles): the Commission proposal, the amendments voted by the EuropeanParliaments ITRE Committee on 28 February 2012, and the revised Presidency suggestions1 in thefirst three columns. The fourth column contains general indications on first orientations in relationto the ITRE amendments as they emerged from the discussions. Changes as compared to theCommission proposal are in bold; deletions are reflected by […]. Underlining in bold indicatesnew changes to the Commission proposal and […] deletion, compared to the third column in7127/12 + ADD 1.Annexes to the abovementioned proposal are to be found in Addendum 2. ________________________1 The text focuses on the operational part of the Directive. There may be a need to subsequently finetune overall consistency and cross-references within the text.7659/12 ADD 1 IH/sb 1 DG C LIMITE EN
  2. 2. ANNEX Proposal for a DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on energy efficiency and repealing Directives 2004/8/EC and 2006/32/EC COMMISSION PROPOSAL ITRE OPINION PRELIMINARY COUNCIL PRELIMINARY COUNCIL VIEWS POSITION ON ITRE AMENDMENTS(1) The Union is facing unprecedented AM 1 (1) The Union is facingchallenges resulting from increased dependence (1) The Union is facing unprecedented unprecedented challenges resulting fromon energy imports and scarce energy resources, challenges resulting from increased increased dependence on energy importsand the need to limit climate change and to dependence on energy imports and and scarce energy resources, and theovercome the economic crisis. Energy scarce energy resources, and the need to need to limit climate change and toefficiency is a valuable means to address these limit climate change and to overcome overcome the economic crisis. Energychallenges. It improves the Unions security of the economic crisis. Energy efficiency is efficiency is a valuable means to addresssupply by reducing primary energy a valuable means to address these these challenges. It improves the Unionsconsumption and decreasing energy imports. It challenges without hampering security of supply by reducing primaryhelps to reduce greenhouse gas emissions in a economic activity. It improves the energy consumption and decreasingcost-effective way and thereby to mitigate Unions security of supply by reducing energy imports. It helps to reduceclimate change. Shifting to a more energy- primary energy consumption and greenhouse gas emissions in a cost-efficient economy should also accelerate the decreasing energy imports. It helps to effective way and thereby to mitigatespread of innovative technological solutions reduce greenhouse gas emissions in a climate change. Shifting to a moreand improve the competitiveness of industry in cost-effective way and thereby to energy-efficient economy should alsothe Union, boosting economic growth and mitigate climate change. It is a crucial accelerate the spread of innovativecreating high quality jobs in several sectors instrument for keeping energy technological solutions and improve therelated to energy efficiency. affordable for all consumers and in the competitiveness of industry in the fight against energy poverty. Shifting to Union, boosting economic growth and a more energy-efficient economy should creating high quality jobs in several also accelerate the spread of innovative sectors related to energy efficiency. technological solutions and improve the competitiveness of industry in the Union, boosting economic growth and creating high quality jobs in several sectors related to energy efficiency that will be able to be safeguarded in the7659/12 ADD 1 IH/sb 2ANNEX DG C LIMITE EN
  3. 3. medium and long term in terms of global competition. AM 2 Recital 1a (new) (1a) In this context, a specific emphasis should be placed on local European producers and SMEs fulfilling high quality standards for their products and services. To this end, the Union should effectively control related imports from third countries to guarantee that such products and services fulfil the same high quality standards as local producers and service providers in the Union.(2) The Presidency Conclusions of the AM 3 (2) The […] Conclusions of theEuropean Council of 8 and 9 March 2007 (2) The Presidency Conclusions of the European Council of 8 and 9 Marchemphasized the need to increase energy European Council of 8 and 9 March 2007 emphasized the need to increaseefficiency in the Union to achieve the objective 2007 emphasized the need to increase energy efficiency in the Union toof saving 20% of the Union‟s primary energy energy efficiency in the Union to achieve the objective of saving 20% ofconsumption by 2020 compared to projections. achieve the objective of saving 20% of the Union‟s primary energyThis amounts to a reduction of the Unions the Unions primary energy consumption consumption by 2020 compared toprimary energy consumption of 368 Mtoe in by 2020 compared to projections. This projections. The conclusions of the20201. amounts to a reduction of the Unions European Council of 4 February 2011 primary energy consumption of 368 emphasized that the 2020 20% energy Mtoe in 2020 and to a total primary efficiency target as agreed by the June energy consumption in the Union of 2010 European Council, which is 1474 Mtoe in 2020. presently not on track, must be delivered. Projections made in 2007 showed a primary energy consumption in 2020 of 1842 Mtoe. A 20% reduction results in 1474 Mtoe in 2020, i.e. a reduction of 368 Mtoe as compared to projections.1 Projections made in 2007 showed a primary energy consumption in 2020 of 1842 Mtoe. A 20% reduction results in 1474 Mtoe in 2020, i.e. a reduction of 368 Mtoe as compared to projections.7659/12 ADD 1 IH/sb 3ANNEX DG C LIMITE EN
  4. 4. (3) The Presidency Conclusions of the (3) The […] Conclusions of theEuropean Council of 17 June 2010 confirmed European Council of 17 June 2010the energy efficiency target as one of the confirmed the energy efficiency targetheadline targets of the Unions new strategy for as one of the headline targets of thejobs and smart, sustainable and inclusive Unions new strategy for jobs and smart,growth (Europe 2020 Strategy). Under this sustainable and inclusive growthprocess and in order to implement this (Europe 2020 Strategy). Under thisobjective at national level, Member States are process and in order to implement thisrequired to set national targets in close dialogue objective at national level, Memberwith the Commission and to indicate, in their States are required to set national targetsNational Reform Programmes, how they intend in close dialogue with the Commissionto achieve them. and to indicate, in their National Reform Programmes, how they intend to achieve them. AM 4 Recital 3 a (new) (3a) The energy efficiency targets can best be reached by involving as many parties as possible, public as well as private. This will induce a high leverage effect, create jobs and contribute to greener growth on the path to the creation of a competitive and sustainable Europe.(4)The Commission Communication on Energy AM 5 (4) The Commission Communication20201 places energy efficiency at the core of (4) The Commission Communication on on Energy 2020[…]places energythe EU energy strategy for 2020 and outlines Energy 2020 indicates that energy efficiency at the core of the EU energythe need for a new energy efficiency strategy efficiency is one of the priorities of the strategy for 2020 and outlines the needthat will enable all Member States to decouple EU energy strategy for 2020 and for a new energy efficiency strategy thatenergy use from economic growth. outlines the need for a new energy will enable all Member States to efficiency strategy that will enable all decouple energy use from economic Member States to decouple energy use growth. from economic growth. (5) In its Resolution of 15 December(5) In its Resolution of 15 December 2010 2010 on the Revision of the Energy1 COM/2010/0639 final.7659/12 ADD 1 IH/sb 4ANNEX DG C LIMITE EN
  5. 5. on the Revision of the Energy Efficiency Efficiency Action Plan[…], theAction Plan1, the European Parliament called European Parliament called on theon the Commission to include in its revised Commission to include in its revisedEnergy Efficiency Action Plan measures to Energy Efficiency Action Plan measuresclose the gap to reach the overall EU energy to close the gap to reach the overall EUefficiency objective in 2020. energy efficiency objective in 2020. AM 6 (6) One of the flagship initiatives of(6) One of the flagship initiatives of the (6) One of the flagship initiatives of the the Europe 2020 Strategy is theEurope 2020 Strategy is the resource-efficient Europe 2020 Strategy is the resource- resource-efficient Europe flagshipEurope flagship adopted by the Commission on efficient Europe flagship adopted by the adopted by the Commission on 2626 January 20112. This identifies energy Commission on 26 January 2011. This January 2011[…]. This identifies energyefficiency as a major element in ensuring the identifies energy efficiency as a major efficiency as a major element insustainability of the use of energy resources. element in ensuring the sustainability of ensuring the sustainability of the use of the use of energy and other resources energy resources. and in safeguarding the competitiveness of the Union. AM 7 (7) The […] Conclusions of the(7) The Presidency Conclusions of the (7) The Presidency Conclusions of the European Council of 4 February 2011European Council of 4 February 2011 European Council of 4 February 2011 acknowledged that the EU energyacknowledged that the EU energy efficiency acknowledged that the EU energy efficiency target is not on track and thattarget is not on track and that determined action efficiency target is not on track and that determined action is required to tap theis required to tap the considerable potential for determined action is required to tap the considerable potential for higher energyhigher energy savings in buildings, transport, considerable potential for higher energy savings in buildings, transport, productsproducts and processes. savings in buildings and transport by and processes. These conclusions also using resources more efficiently in foresee that the implementation of the these sectors on the basis of low-energy EU energy efficiency target will be products and technological processes, reviewed by 2013 and further including efficient conversion measures considered if necessary. processes in the energy sector. (8) On 8 March 2011, the(8) On 8 March 2011, the Commission Commission adopted itsadopted the Energy Efficiency Plan 20113. This Communication on an Energyconfirmed that the Union is not on track to Efficiency Plan 2011[…]. Thisachieve its energy efficiency target. To remedy1 2010/2107(INI).2 COM(2011)21.3 COM(2011) 109 final.7659/12 ADD 1 IH/sb 5ANNEX DG C LIMITE EN
  6. 6. this, it spelled out a series of energy efficiency confirmed that the Union is not on trackpolicies and measures covering the full energy to achieve its energy efficiency target.chain, including energy generation, To remedy this, it spelled out a series oftransmission and distribution; the leading role energy efficiency policies and measuresof the public sector in energy efficiency; covering the full energy chain, includingbuildings and appliances; industry; and the energy generation, transmission andneed to empower final customers to manage distribution; the leading role of thetheir energy consumption. Energy efficiency in public sector in energy efficiency;the transport sector was considered in parallel buildings and appliances; industry; andin the White Paper on Transport, adopted on 28 the need to empower final customers toMarch 20111. In particular, Initiative 26 of the manage their energy consumption.White Paper calls for appropriate standards for Energy efficiency in the transport sectorCO2 emissions of vehicles in all modes, where was considered in parallel in the Whitenecessary supplemented by requirements on Paper on Transport, adopted on 28energy efficiency to address all types of March 2011[…]. In particular, Initiativepropulsion systems. 26 of the White Paper calls for appropriate standards for CO2 emissions of vehicles in all modes, where necessary supplemented by requirements on energy efficiency to address all types of propulsion systems. AM 8 (9) On 8 March 2011, the(9) On 8 March 2011, the Commission also (9) On 8 March 2011, the Commission Commission also adopted a Roadmapadopted a Roadmap for moving to a also adopted a Roadmap for moving to a for moving to a competitive low carboncompetitive low carbon economy in 20502, competitive low carbon economy in economy in 2050[…], identifying theidentifying the need from this perspective for 2050, identifying the need from this need from this perspective for moremore focus on energy efficiency. perspective for more focus on real focus on energy efficiency. energy efficiency as a means of reducing primary energy consumption. AM 9 Recital 9 a (new) (9a) The Commission impact assessment of 22 June 2011 accompanying the proposal for this Directive24 demonstrated that national1 COM(2011) 144 final.2 COM(2011) 112 final7659/12 ADD 1 IH/sb 6ANNEX DG C LIMITE EN
  7. 7. binding energy efficiency targets for primary energy consumption would be more appropriate than indicative national energy efficiency targets in order to ensure the fulfilment of the overall 20% energy savings target. Furthermore the impact assessment indicated that binding targets would allow more flexibility for Member States in designing energy savings measures appropriated to the diverse conditions of Member States. __________________ 24 SEC(2011) 779 AM 10 Recital 9 b (new) (9b) The Commission has moreover frequently stressed that a change in consumer behaviour while quality of life remains unchanged must also make a significant contribution to energy saving if the 20% objective is to be attained.1 __________________ Commission Communication of 19 October 2006: ‗Action Plan for Energy Efficiency: Realising the Potential‘ (COM(2006)545) AM 11 (10) In this context it is necessary to(10) In this context it is necessary to update (10) In this context it is necessary to update the Unions legal framework forthe Unions legal framework for energy update the Unions legal framework for energy efficiency with a Directiveefficiency with a Directive pursuing the overall energy efficiency with a Directive pursuing the overall objective of theobjective of the energy efficiency target of pursuing the overall objective of the energy efficiency target of saving 20%saving 20% of the Union‟s primary energy energy efficiency target of saving 20% of the Union‟s primary energyconsumption by 2020, and of making further of the Union‘s primary energy consumption by 2020, and of makingenergy efficiency improvements after 2020. To consumption by 2020, and establishing further energy efficiency improvementsthis end, it should establish a common7659/12 ADD 1 IH/sb 7ANNEX DG C LIMITE EN
  8. 8. framework to promote energy efficiency within additional energy savings targets for after 2020. To this end, it shouldthe Union and lay down specific actions to 2030. To this end, it should establish a establish a common framework toimplement some of the proposals included in common framework to promote energy promote energy efficiency within thethe Energy Efficiency Plan 2011 and achieve efficiency within the Union and lay Union and lay down specific actions tothe significant unrealised energy saving down specific actions to implement implement some of the proposalspotentials it identifies. some of the proposals included in the included in the Energy Efficiency Plan Energy Efficiency Plan 2011 and 2011 adopted by the Council on 10 achieve the significant unrealised energy June 2011 and achieve the significant saving potentials it identifies. unrealised energy saving potentials it identifies. AM 12 (11) […] Decision No 406/2009/EC2(11) The Effort Sharing Decision (No (11) Decision No 406/2009/EC requires requires the Commission to assess and406/2009/EC)1 requires the Commission to the Commission to assess and report by report by 2012 on the progress of theassess and report by 2012 on the progress of the 2012 on the progress of the Community Community and its Member StatesCommunity and its Member States towards the and its Member States towards the towards the objective of reducing energyobjective of reducing energy consumption by objective of reducing energy consumption by 20% by 2020 compared20% by 2020 compared to projections. It also consumption by 20% by 2020 compared to projections. It also states that, to helpstates that, to help Member States meet the to projections. It also states that, to help Member States meet the Community‟sCommunity‟s greenhouse gas emission Member States meet the Communitys greenhouse gas emission reductionreduction commitments, the Commission greenhouse gas emission reduction commitments, the Commission shouldshould propose, by 31 December 2012, commitments, the Commission should propose, by 31 December 2012,strengthened or new measures to accelerate propose, by 31 December 2012, strengthened or new measures toenergy efficiency improvements. This Directive strengthened or new measures to accelerate energy efficiencyresponds to this requirement. It also contributes accelerate energy efficiency improvements. This Directive respondsto meeting the goals set out in the Roadmap for improvements. This Directive responds to this requirement. It also contributes tomoving to a competitive low carbon economy to this requirement. It also contributes to meeting the goals set out in thein 2050, notably by reducing greenhouse gas meeting the goals set out in the Roadmap for moving to a competitiveemissions from the energy sector, and to Roadmap for moving to a competitive low carbon economy in 2050, notablyachieving zero emission electricity production low carbon economy in 2050, notably by reducing greenhouse gas emissionsby 2050. by reducing greenhouse gas emissions from the energy sector, and to achieving from the energy sector, and to achieving zero emission electricity production by zero emission electricity and heating 2050. and cooling production by 2050.1 OJ L 140, 5.6.2009, p.136.2 Decision No 406/2009/EC of the European Parliament and of the Council of 23 April 2009 on the effort of Member States to reduce their greenhouse gas emissions to meet the Community’s greenhouse gas emission reduction commitments up to 2020 (OJ L 140, 5.6.2009, p.136).7659/12 ADD 1 IH/sb 8ANNEX DG C LIMITE EN
  9. 9. AM 13 (12) An integrated approach has to be(12) An integrated approach must be taken to (12) An integrated approach, taking due taken to tap all the existing energytap all the existing energy saving potential, account of local circumstances, must be saving potential, encompassing savingsencompassing savings in the energy supply and taken to tap all the existing energy in the energy supply and the end-usethe end-use sectors. At the same time, the efficiency potential, encompassing sectors. At the same time, the provisionsprovisions of Directive 2004/8/EC on savings in the energy supply and the of Directive 2004/8/EC on promotion ofpromotion of cogeneration based on a useful end-use sectors. At the same time, the cogeneration based on a useful heatheat demand in the internal energy market1 and provisions of Directive 2004/8/EC on demand in the internal energy market3Directive 2006/32/EC on energy end-use promotion of cogeneration based on a and Directive 2006/32/EC on energyefficiency and energy services2 should be useful heat demand in the internal end-use efficiency and energy services4strengthened. energy market and Directive should be strengthened. 2006/32/EC on energy end-use efficiency and energy services should be strengthened. AM 14 Recital 12 a (new) (12a) The Commission Communication of 17 November 2010 on ―Energy infrastructure priorities for 2020 and beyond – A Blueprint for an integrated European energy network‖ underlines the need to adapt the power capacity of the Union to the multitude of applications and technologies relying on electricity as an energy source as well as to maintain the network systems security. Demand side resources, applications and technologies have the potential to lead to massive carbon reductions and address the integration of renewable energy into energy networks. Member States should therefore encourage1 OJ L 52, 21.2.2004, p. 50.2 OJ L 144, 27.4.2008, p. 64.3 OJ L 52, 21.2.2004, p. 50.4 OJ L 144, 27.4.2008, p. 64.7659/12 ADD 1 IH/sb 9ANNEX DG C LIMITE EN
  10. 10. participation of demand side resources, applications and technologies, such as demand response, in energy markets.(13) It would be preferable for the 20% AM 15 (13) It would be preferable for theenergy efficiency target to be achieved as a (13) It would be preferable for the 20% 20% energy efficiency target to beresult of the cumulative implementation of energy efficiency target to be achieved achieved as a result of the cumulativespecific national and European measures as a result of the cumulative implementation of specific national andpromoting energy efficiency in different fields. implementation of specific national and European measures promoting energyIf that approach does not succeed, it would European measures promoting energy efficiency in different fields. […]however be necessary to reinforce the policy efficiency in different fields. By Member States should be required to setframework by adding a system of binding establishing mandatory national energy indicative national energy efficiencytargets. In a first stage, therefore, Member savings targets, based on an effort targets, schemes and programmes. […]States should be required to set national energy sharing mechanism between Member These targets and the individual effortsefficiency targets, schemes and programmes. It States, the Union should be able to of each Member State should beshould be for them to decide whether these ensure the fulfilment of the Union-wide evaluated by the Commission, alongsidetargets should be binding or indicative in their energy savings target which is essential data on the progress made, to assess theterritory. In a second stage, these targets and to climate policy, competitiveness, the likelihood of achieving the overallthe individual efforts of each Member State move towards a sustainable economy Union target and the extent to which theshould be evaluated by the Commission, and job creation. Meanwhile such an individual efforts are sufficient to meetalongside data on the progress made, to assess approach would have the benefit of the common goal. The Commissionthe likelihood of achieving the overall Union allowing Member States to tailor should therefore closely monitor thetarget and the extent to which the individual energy efficiency measures to their implementation of national energyefforts are sufficient to meet the common goal. national circumstances and priorities. efficiency programmes through itsThe Commission should therefore closely revised legislative framework and withinmonitor the implementation of national energy the Europe 2020 process. […]. Whenefficiency programmes through its revised setting the indicative national energylegislative framework and within the Europe efficiency targets, Member States2020 process. If this assessment shows that the should be able to take account ofoverall Union target is unlikely to be achieved, national circumstances affectingthen the Commission should propose primary energy consumption such asmandatory national targets for 2020, taking into remaining cost-effective energy-savingaccount the individual starting points of potential, changes of energy importsMember States, their economic performance and exports, development of alland early action taken. sources of renewable energies, nuclear energy, carbon capture and storage (CCS), and early action. When undertaking modelling exercises, model assumptions and7659/12 ADD 1 IH/sb 10ANNEX DG C LIMITE EN
  11. 11. draft model results should be consulted by the Commission with Member States in a timely and transparent manner. Improved modelling of the impact of energy efficiency measures and of the stock and performance of technologies is needed. (13a) Directive 2009/28/EC on renewable energy sources states that Cyprus and Malta, due to their insular and peripheral character, rely on aviation as a mode of transport, which is essential for their citizens and their economy. As a result, Cyprus and Malta have a gross final consumption of energy in national air transport which is disproportionally high, i.e. more than three times the Community average in 2005, and are thus disproportionately affected by the current technological and regulatory constraints. AM 16 Recital 13 a (new) (13a) Price signals are crucial in order to increase energy efficiency and the use of economic instruments is the most cost-effective way of promoting energy savings. AM 17 (14) The total volume of public(14) The total volume of public spending is (14) The total volume of public spending is equivalent to 19% of theequivalent to 19% of the Unions gross spending is equivalent to 19% of the Unions gross domestic product. For thisdomestic product. For this reason the public Unions gross domestic product. For this reason the public sector constitutes ansector constitutes an important driver to reason the public sector constitutes an important driver to stimulate marketstimulate market transformation towards more important driver to stimulate market transformation towards more efficientefficient products, buildings and services, as transformation towards more energy products, buildings and services, as wellwell as to trigger behavioural changes in energy efficient products, buildings and as to trigger behavioural changes in7659/12 ADD 1 IH/sb 11ANNEX DG C LIMITE EN
  12. 12. consumption by citizens and enterprises. services, as well as to trigger energy consumption by citizens andFurthermore, decreasing energy consumption behavioural changes in energy enterprises. Furthermore, decreasingthrough energy efficiency improvement consumption by citizens and enterprises. energy consumption through energymeasures can free up public resources for other Furthermore, decreasing energy efficiency improvement measures canpurposes. Public bodies at national, regional consumption through energy efficiency free up public resources for otherand local level should fulfil an exemplary role improvement measures can free up purposes. Public bodies at national,as regards energy efficiency. public resources for other purposes. regional and local level should fulfil an Public bodies at national, regional and exemplary role as regards energy local level should fulfil an exemplary efficiency. role as regards energy efficiency. To enable those bodies to fulfil this role, they should be allowed a broad margin of discretion with regard to specific measures. AM 18 (15) The rate of building renovation(15) The rate of building renovation needs to (15) The rate of building renovation needs to be increased, as the existingbe increased, as the existing building stock needs to be increased, as the existing building stock represents the singlerepresents the single biggest potential sector for building stock represents the single biggest potential sector for energyenergy savings. Moreover, buildings are crucial biggest potential sector for energy savings. Moreover, buildings are crucialto achieving the EU objective of reducing savings. Moreover, buildings are crucial to achieving the Union objective ofgreenhouse gas emissions by 80-95% by 2050 to achieving the Union objective of reducing greenhouse gas emissions bycompared to 1990. Buildings owned by public reducing greenhouse gas emissions by 80-95% by 2050 compared to 1990.bodies account for a considerable share of the 80-95% by 2050 compared to 1990. To Buildings owned by public bodiesbuilding stock and have high visibility in public ensure this, it is essential that this account for a considerable share of thelife. It is therefore appropriate to set an annual Directive maintains a long-term view building stock and have high visibility inrate of renovation of all buildings owned by and establishes roadmaps for public life. It is therefore appropriate topublic bodies to upgrade their energy drastically reducing the energy use of set an annual rate of renovation of […]performance. This renovation rate should be both private and public buildings by buildings owned by centralwithout prejudice to the obligations with regard 2050. Member States should focus their government to upgrade their energyto nearly-zero energy buildings set in Directive efforts, as a matter of priority, on performance. This renovation rate2010/31/EU of the European Parliament and of measures with the most cost-effective should be without prejudice to thethe Council of 19 May 2010 on the energy impact on energy savings, in particular obligations with regard to nearly-zeroperformance of buildings1. The obligation to measures to promote the refurbishment energy buildings set in Directiverenovate public buildings complements the of existing buildings and the 2010/31/EU of the European Parliamentprovisions of that Directive, which requires1 OJ L 153, 18.6.2010, p. 13.7659/12 ADD 1 IH/sb 12ANNEX DG C LIMITE EN
  13. 13. Member States to ensure that when existing modernisation of heating and cooling and of the Council of 19 May 2010 onbuildings undergo major renovation their systems. Account should be taken of the energy performance of buildings1.energy performance is upgraded so that they the affordability of such measures for The obligation to renovate centralmeet minimum energy performance citizens. Buildings owned by public government buildings complementsrequirements. bodies account for a considerable share […] that Directive, which requires of the building stock and have high Member States to ensure that when visibility in public life. It is therefore existing buildings undergo major appropriate to set a long-term target renovation their energy performance is and an annual rate of energy upgraded so that they meet minimum performance improvement for buildings energy performance requirements. It is owned by public bodies to upgrade their appropriate for Member States to be energy performance without able to take alternative cost-efficient compromising the fire safety of the measures to achieve an equivalent buildings during renovation and improvement of the energy occupancy. This measure would performance of the buildings within require an increased renovation rate their central government estate. […] and deep renovations, while it should The obligation to renovate floor area be without prejudice to the obligations of central government buildings with regard to nearly-zero energy should apply to the administrative buildings set in Directive 2010/31/EU of departments whose competence the European Parliament and of the extends over the whole territory. Council of 19 May 2010 on the energy When in a given Member State and performance of buildings it will in fact for a given competence no such serve to facilitate meeting these relevant administrative department obligations. Renovations should be exists that covers the whole territory, carried out while taking into account the obligation should apply to those climatic and local conditions, as well as administrative departments whose respecting indoor climate, accessibility, competences cover collectively the and other health and safety whole territory. requirements, and the intended use of the building. The obligation to renovate public buildings complements the provisions of that Directive, which requires Member States to ensure that when existing buildings undergo major renovation their energy performance is1 OJ L 153, 18.6.2010, p. 13.7659/12 ADD 1 IH/sb 13ANNEX DG C LIMITE EN
  14. 14. upgraded so that they meet minimum energy performance requirements. AM 19 Recital 15 a (new) (15a) Bearing in mind that buildings account for 40% of final energy use in the Union and 36% of CO2 emissions, and that a target of a 90% drop in emissions in the construction sector has been set in the road map for moving to a low carbon economy in 2050, this target will only be achieved if the Union applies ambitious measures to the building stock as a whole, this being a crucial part of its energy infrastructure. For this reason, following the public sector‘s exemplary conduct in renovation of buildings, Member States should also take a long- term view and, while upholding the principle of subsidiarity and cost- effectiveness, draw up road maps for the renovation of commercial and private buildings. AM 20 (16) A number of municipalities and(16) A number of municipalities and other (16) A number of municipalities and other public bodies in the Memberpublic bodies in the Member States have other public bodies in the Member States have already put into placealready put into place integrated approaches to States have already put into place integrated approaches to energy savingenergy saving and energy supply, for example integrated approaches to energy saving and energy supply, for example viavia sustainable energy action plans, such as and energy supply, for example via sustainable energy action plans, such asthose developed under the Covenant of Mayors sustainable energy action plans, and those developed under the Covenant ofinitiative, and integrated urban approaches integrated urban approaches which go Mayors initiative, and integrated urbanwhich go beyond individual interventions in beyond individual interventions in approaches which go beyond individualbuildings or transport modes. Member States buildings or transport modes, in order to interventions in buildings or transportshould encourage municipalities and other design "low energy cities and regions‘‘. modes. Member States shouldpublic bodies to adopt integrated and The concept of ‗‘low energy cities and encourage municipalities and othersustainable energy efficiency plans with clear regions considers energy issues as an public bodies to adopt integrated andobjectives, to involve citizens in their essential component of urban and sustainable energy efficiency plans withdevelopment and implementation and to7659/12 ADD 1 IH/sb 14ANNEX DG C LIMITE EN
  15. 15. adequately inform them about their content and regional development embedded in clear objectives, to involve citizens inprogress in achieving objectives. Such plans local democratic and governance their development and implementationcan yield considerable energy savings, processes. As a precondition of local and to adequately inform them aboutespecially if they are implemented by energy integrated and sustainable energy their content and progress in achievingmanagement systems that allow the concerned efficiency plans, Member States should objectives. Such plans can yieldpublic bodies to better manage their energy encourage local authorities to define considerable energy savings, especiallyconsumption. Exchange of experience between such local development strategies based if they are implemented by energycities, towns and other public bodies should be on a dialogue with local public, management systems that allow theencouraged with respect to the more innovative commercial and social stakeholders. concerned public bodies to betterexperiences. Member States should then encourage manage their energy consumption. municipalities and other public bodies to Exchange of experience between cities, adopt integrated and sustainable energy towns and other public bodies should be efficiency plans with clear objectives, to encouraged with respect to the more involve local stakeholders and citizens innovative experiences. in their development and implementation and to adequately inform them about their content and progress in achieving objectives. Such plans can yield considerable energy savings, especially if they are implemented by energy management systems that allow the concerned public bodies to better manage their energy consumption and if genuinely holistic approaches are adopted. Exchange of experience between cities, towns and other public bodies should be encouraged with respect to the more innovative experiences. AM 21 Recital 16 a (new) (16a) The problems encountered in implementing consumption audits need to be borne in mind, as the municipalities signatory to the Covenant of Mayors are coming up against significant barriers in accessing energy use data7659/12 ADD 1 IH/sb 15ANNEX DG C LIMITE EN
  16. 16. disaggregated according to the categories proposed by the Commission in the Covenant of Mayors. (17) With regards to the purchase of(17) With regards to the purchase of certain certain products and services and theproducts and services and the purchase and rent purchase and rent of buildings, publicof buildings, public bodies which conclude bodies which conclude public works,public works, supply or service contracts supply or service contracts should leadshould lead by example and make energy by example and make energy efficientefficient purchasing decisions. The provisions purchasing decisions. The provisions ofof the EU public procurement directives should the Unions public procurementnot however be affected. directives should not however be affected. AM 22 (18) An assessment of the possibility(18) An assessment of the possibility of (18) An assessment of the possibility of of establishing a "white certificate"establishing a "white certificate" scheme at establishing a "white certificate" scheme scheme at Union level has shown that, inUnion level has shown that, in the current at Union level has shown that, in the the current situation, such a systemsituation, such a system would create excessive current situation, such a scheme would would create excessive administrativeadministrative costs and that there is a risk that create excessive administrative costs and costs and that there is a risk that energyenergy savings would be concentrated in a that there is a risk that energy savings savings would be concentrated in anumber of Member States and not introduced would be concentrated in a number of number of Member States and notacross the Union. The latter objective can better Member States and not introduced introduced across the Union. The latterbe achieved, at least at this stage, by means of across the Union. The latter objective objective can better be achieved, at leastnational energy efficiency obligation schemes can better be achieved, at least at this at this stage, by means of nationalor other alternative measures that achieve the stage, by means of national energy energy efficiency obligation schemes orsame amount of energy savings. The efficiency obligation schemes or other other alternative policy measures thatCommission should however define, by a alternative measures that achieve the achieve the same amount of energydelegated act, the conditions under which a same amount of energy savings. A savings. […] It is appropriate for theMember State could in future recognise the common framework should be level of ambition of such schemes to beenergy savings achieved in another Member established at Union level in which established in a common framework atState. It is appropriate for the level of ambition energy utilities are given the option of Union level while providing significantof such schemes to be established in a common offering energy services to all final flexibility to Member States to take fullframework at Union level while providing customers, not only to those to whom account of the national organisation ofsignificant flexibility to Member States to take they sell energy. This increases market actors, the specific context of thefull account of the national organisation of competition in the energy market energy sector and final customersmarket actors, the specific context of the energy because energy utilities can differentiate habits. The common framework shouldsector and final customers habits. The common their product by providing give energy utilities the option offramework should give energy utilities the complementary energy services. The offering energy services to all finaloption of offering energy services to all final7659/12 ADD 1 IH/sb 16ANNEX DG C LIMITE EN
  17. 17. customers, not only to those to whom they sell common framework should allow customers, not only to those to whomenergy. This increases competition in the Member States to include requirements they sell energy. This increasesenergy market because energy utilities can in their national scheme that pursue a competition in the energy marketdifferentiate their product by providing social aim, notably in order to ensure because energy utilities can differentiatecomplementary energy services. The common that vulnerable customers, who should their product by providingframework should allow Member States to be defined as such in the relevant complementary energy services. Theinclude requirements in their national scheme national legislation, have access to the common framework should allowthat pursue a social aim, notably in order to benefits of higher energy efficiency. It Member States to include requirementsensure that vulnerable customers have access to should also allow Member States to in their national scheme that pursue athe benefits of higher energy efficiency. It exempt small companies from the social aim, notably in order to ensureshould also allow Member States to exempt energy efficiency obligation. The that vulnerable customers have access tosmall companies from the energy efficiency Commission Communication “Small the benefits of higher energy efficiency.obligation. The Commission Communication Business Act” sets out principles that […] It is appropriate for Member“Small Business Act”1 sets out principles that should be taken into account by Member States to determine, on the basis ofshould be taken into account by Member States States that decide to abstain from objective and non-discriminatorythat decide to abstain from applying this applying this possibility. criteria, which energy distributors orpossibility. retail energy sales companies should be obliged to achieve the end-use energy savings target set by this Directive. Member States may in particular choose not to impose this obligation on small energy distributors and small retail energy sales companies to avoid disproportionate administrative burden. The Commission Communication “Small Business Act”2 sets out principles that should be taken into account by Member States that decide to abstain from applying this possibility. As a way to support national energy efficiency initiatives, obligated parties under national energy efficiency obligation schemes could fulfill their obligations by1 COM(2008)394 Final.2 COM(2008)394 Final.7659/12 ADD 1 IH/sb 17ANNEX DG C LIMITE EN
  18. 18. contributing annually to an Energy Efficiency National Fund an equal amount to the investments required under the scheme. (18a) The requirement to achieve savings […] of the annual energy sales to final customers relative to what energy sales would have been does not constitute a cap on sales or energy consumption. It is appropriate for Member States to be able to exclude a part of the sales of energy, by volume, used in industrial activities listed in Annex I to Directive 2003/87/EC for the calculation of the energy sales to final customers, as it is recognised that certain sectors or subsectors within these activities may be exposed to a significant risk of carbon leakage. AM 23 (19) To tap the energy savings(19) To tap the energy savings potential in (19) To tap the energy savings potential potential in certain market segmentscertain market segments where energy audits in certain market segments where where energy audits are generally notare generally not offered commercially (such as energy audits are generally not offered offered commercially (such as […]households or small and medium-sized commercially (such as households or small and medium-sized enterprisesenterprises), Member States should ensure that small and medium-sized enterprises), (SMEs)), Member States shouldenergy audits are available. Energy audits Member States should create conditions develop programmes to encourageshould be mandatory and regular for large for the availability of energy audits and SMEs to undergo energy audits.enterprises, as energy savings can be ensure certification of energy auditors. Energy audits should be mandatory andsignificant. Energy audits should be mandatory and regular for large enterprises, as energy regular for large enterprises, as energy savings can be significant. Audits savings can be significant. should take into account relevant European Standards. At the time of the adoption of this Directive a specific European standard on energy audits is under development.(20) These audits should be carried out in an AM 24 (20) […]independent and cost-effective manner. The (20) These audits should be carried out7659/12 ADD 1 IH/sb 18ANNEX DG C LIMITE EN
  19. 19. requirement for independence allows the audits in an independent and cost-effectiveto be carried out by in-house experts, provided manner. The requirement forthat these are qualified or accredited, that they independence allows the audits to beare not directly engaged in the activity audited, carried out by professional energyand that the Member State has put in place a services providers, as well as by in-scheme to assure and check their quality and to house experts, provided that the latterimpose sanctions if needed. are also qualified and/or accredited, that they are not directly engaged in the activity audited, and that the Member State has put in place a scheme to assure and check their quality and to impose sanctions if needed. AM 25 Recital 20a (new) (20a) The cost of energy efficiency improvement measures, including energy efficiency obligation schemes and smart meter roll-outs, is likely to be transferred to final consumers through their energy bills. To ensure that retail energy sales companies and energy service providers deliver these measures to consumers in a fair and cost-effective manner Member States should establish requirements for cost reporting to the national regulatory authorities. AM 26 (21) When designing energy efficiency(21) When designing energy efficiency (21) When designing energy efficiency improvement measures, account shouldimprovement measures, account should be improvement measures, account should be taken of efficiency gains and savingstaken of efficiency gains and savings obtained be taken of efficiency gains and savings obtained through the widespreadthrough the widespread application of cost- that might be obtained through the application of cost-effectiveeffective technological innovations such as widespread application of technological technological innovations such as smartsmart meters. To maximise the saving benefits innovations such as smart meters. The meters. […]of these innovations, final customers should be roll-out of these technologicalable to visualise indicators of cost and innovations may only be supportedconsumption and have regular individual when a full cost-benefit analysis isbilling based on actual consumption. positive, especially for consumers,7659/12 ADD 1 IH/sb 19ANNEX DG C LIMITE EN
  20. 20. including low income users, and when privacy is guaranteed. The final consumers have to be able to see indicators of cost and consumption. In particular, Member States should require electricity and gas distributors to adopt a common system of display to facilitate decisions by consumers. In addition to that, Member States should develop demand response programmes that will promote and reward decentralized and flexible energy generators in combination with demand response providers. (21a) In relation to electricity, and in accordance with Directive 2009/72/EC, where the roll-out of smart meters is assessed positively, at least 80% of consumers should be equipped with intelligent metering systems by 2020. In relation to gas, and in accordance with Directive 2009/73/EC, where the roll-out of intelligent metering systems is assessed positively, Member States or any competent authority they designate, should prepare a timetable for the implementation of intelligent metering systems. (21b) Use of individual meters or heat cost allocators for measuring individual consumption of heating in multi-apartment buildings supplied by district heating or common central heating is beneficial when final customers have means to control their own individual consumption. Therefore, their application makes7659/12 ADD 1 IH/sb 20ANNEX DG C LIMITE EN
  21. 21. sense only in buildings where radiators are equipped with thermostatic radiator valves. (21c) In some multi-apartment buildings supplied by district heating or common central heating, the use of accurate individual heat meters would be technically complicated and costly due to the fact that the hot water used for heating enters and leaves the apartments at several points. It can be assumed that individual metering of heat consumption in multi-apartment buildings is, nevertheless, technically possible when the installation of individual meters would not require changing the existing in-house piping for hot water heating in the building. In such buildings, measurements of individual heat consumption can then be carried out by means of individual heat cost allocators installed on each radiator. (22) When designing energy efficiency(22) When designing energy efficiency improvement measures, Member Statesimprovement measures, Member States should should take due account of the need totake due account of the need to ensure the ensure the correct functioning of thecorrect functioning of the internal market and internal market and the coherentthe coherent implementation of the acquis, in implementation of the acquis, inaccordance with the provisions of the Treaty on accordance with […] the Treaty on thethe Functioning of the European Union. Functioning of the European Union. AM 27 (23) High-efficiency cogeneration(23) High-efficiency cogeneration (CHP) and (23) High-efficiency cogeneration (CHP) and district heating and coolingdistrict heating and cooling has significant (CHP) and district heating and cooling has significant potential for savingpotential for saving primary energy which is has significant potential for saving primary energy which is largelylargely untapped in the Union. Member States primary energy which is largely untapped in the Union. Member Statesshould draw up national plans to develop high- untapped in the Union. Member States should carry out a comprehensiveefficiency CHP and district heating and should draw up national plans to assessment of the potential for high-7659/12 ADD 1 IH/sb 21ANNEX DG C LIMITE EN

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