72 Amendments of Robert HAJŠEL related to 2021/0203(COD)
Amendment 115 #
Proposal for a directive
Recital 7
Recital 7
(7) To achieve the increased climate ambition, the impact assessment accompanying the Climate Target Plan has shown that energy efficiency improvementsIncreased ambitions for energy efficiency are based on the compounding of crisis of climate emergency, a need for recovery process from the COVID-19 pandemic, a surge in fossil energy prices and a significant change in geopolitical reality. To achieve the increased climate ambition, the impact assessment accompanying the Climate Target Plan has shown, together with the acute geopolitical need to significantly reduce Union energy dependence, that energy efficiency improvements and speed of the clean energy transition will need to be significantly raiincreased from the current level of ambition of 32,5%. to 43% energy efficiency for final energy consumption and 45,5% for primary consumption in order to achieve a green and just transition for a sustainable wellbeing for all. According to the International Energy Agency more than 40% of the necessary GHG emission reductions will need to be delivered through energy efficiency measures. Investments in energy efficiency benefits the economy and for every EUR 1 million invested in buildings renovation, 18 jobs are created on average in the Union. Building renovation measures in line with the renovation wave objectives could cut energy bills of gas- heated households by over EUR 400 per year by 20301a. A crucial part of maximising the energy efficiency potential will be the deep renovation of the Union building stock. _________________ 1a https://www.camecon.com/what/our- work/the-renovation-wave-can-cut-eu- gas-imports-and-reduce-consumer-bills/#
Amendment 124 #
Proposal for a directive
Recital 10
Recital 10
(10) The higher level of ambition requires a stronger promotion of cost- effective energy efficiency measures in all areas of the energy system and in all relevant sectors where activity affects energy demand, such as the transport, water and agriculture sectors. Improving energy efficiency throughout the full energy chain, including energy generation, transmission, distribution and end-use, will benefit the environment, improve air quality and public health, reduce GHG emissions, including methane emissions and improve energy security, cut energy costs for households and companies, help alleviate energy poverty, and lead to increased competitiveness, more jobs and increased economic activity throughout the economy, thus improving citizens' quality of life. That complies with the Union commitments made in the framework of the Energy Union and global climate agenda established by the 2015 Paris Agreement.
Amendment 131 #
Proposal for a directive
Recital 11
Recital 11
(11) This Directive takes a step forward towards climate neutrality by 2050 , under which energy efficiency is to be treated as an energy source in its own right. The energy efficiency first principle is an overarching principle that should be taken into account across all sectors, going beyond the energy system, at all levels, including in the financial sector. Energy efficiency solutions should be considered as the first option in policy, planning and investment decisions, when setting new rules for the supply side and other policy areas. While the energy efficiency first principle should be applied without prejudice to other legal obligations, objectives and principles, they should also not hamper its application or exempt from applying the principle. The energy efficiency first principle should be applied at all decision-making levels: Union, national, regional and local. The Commission should ensure that energy efficiency and demand-side response can compete on equal terms with generation capacity. Energy efficiency improvements need to be made whenever they are more cost- effective than equivalent supply-side solutions. That should help exploit the multiple benefits of energy efficiency for the Union, in particular for citizens and businesses. Implementing energy efficiency improvement measures should also be a priority in alleviating energy poverty.
Amendment 136 #
(12) Energy efficiency should be recognised as a crucial element in decarbonising the Union's building stock, to reach climate neutrality by 2050 at the latest and the 2030 targets enshrined by Regulation (EU) 2021/1119 of the European Parliament and of the Council and a priority consideration in future investment decisions on the Union's energy infrastructure. The energy efficiency first principle should be applied taking primarily the system efficiency approach and societal perspective into consideration. Consequently, it should help increase the efficiency of individual end-use sectors and of the whole energy system. Application of the principle should also support investments in energy-efficient solutions contributing to environmental objectives listed in Regulation (EU) 2020/852 of the European Parliament and of the Council50 . _________________ 50 OJ L 198, 22.6.2020, p. 13–43. The IPCC outlines on “Energy System Transition” in its report of 28 February 2022 on “Climate change 2022: Impacts, Adaptation and Vulnerability” with high confidence that “energy generation diversification, including with renewable energy resources (e.g. wind, solar, small scale hydroelectric) and demand side management (e.g. storage, and energy efficiency improvements) can reduce vulnerabilities to climate change, especially in rural populations.
Amendment 142 #
Proposal for a directive
Recital 13
Recital 13
(13) The energy efficiency first principle was defined in the Regulation (EU) 2018/1999 of the European Parliament and of the Council51 and is at the core of the Energy System Integration Strategy52 and the Renovation Wave Strategy. While the principle is based on cost- effectiveness, its application has wider implications, which can vary depending on the circumstances. The Commission prepared dedicated guidelines for the operation and application of the principle, by proposing specific tools and examples of application in various sectors. The Commission has also issued a recommendation to Member States that builds on the requirements of this Directive and calls for specific actions in relation to the application of the principle. _________________ 51 Regulation (EU) 2018/1999 of the European Parliament and of the Council of 11 December 2018 on the Governance of the Energy Union and Climate Action, amending Regulations (EC) No 663/2009 and (EC) No 715/2009 of the European Parliament and of the Council, Directives 94/22/EC, 98/70/EC, 2009/31/EC, 2009/73/EC, 2010/31/EU, 2012/27/EU and 2013/30/EU of the European Parliament and of the Council, Council Directives 2009/119/EC and (EU) 2015/652 and repealing Regulation (EU) No 525/2013 of the European Parliament and of the Council, PE/55/2018/REV/1, OJ L 328, 21.12.2018, p. 1–77. 52 An EU Strategy for Energy System Integration COM(2020) 299 final.
Amendment 169 #
Proposal for a directive
Recital 22
Recital 22
(22) The Union’s energy efficiency target was initially set and calculated using the 2007 Reference Scenario projections for 2030 as a baseline. The change in the Eurostat energy balance calculation methodology and improvements in subsequent modelling projections call for a change of the baseline. Thus, using the same approach to define the target, that is to say comparing it to the future baseline projections, the ambition of the Union’s 2030 energy efficiency target is set compared to the 2020 Reference Scenario projections for 2030 reflecting national contributions from the NECPs. With that updated baseline, the Union will need to further increase its energy efficiency ambition by at least 945.5% in 2030 compared to the level of efforts under the 2020 R2007 reference Sscenario. The new way of expressing the level of ambition for the Union’s targets does not affect the actual level of efforts needed and corresponds to a reduction of 36% for final and 39% for primary energy consumption respectively when compared to the 2007 Reference Scenario projectin order to reach climate neutrality by 2050 at the latest, the 2030 climate targets set in Regulation (EU) 2021/1119 and to reduce significantly the Union’s for 2030energy dependence.
Amendment 172 #
Proposal for a directive
Recital 24
Recital 24
(24) The need for the Union to improve its energy efficiency should be expressed in primary and final energy consumption, to be achieved in 2030, indicating additional level of efforts required when compared to the measures in place or planned measures in the national energy and climate plans. The 2020 Reference Scenario projects 864 Mtoe of final energy consumption and 1124 Mtoe of primary energy consumption to be reached in 2030 (excluding ambient heat and including international aviation). An additional reduction of 19% results in 78700 Mtoe and 1023911 Mtoe in 2030 respectively. Compared to 2005 levels, it means that final energy consumption in the Union should be reduced by some 23% and primary energy consumption should be reduced by some 32%. There are no binding targets at Member State level in the 2020 and 2030 perspective,This corresponds to a reduction of 43% for final and 45.5% for primary energy consumption respectively when compared to the 2007 Reference Scenario projections for 2030. There are no binding targets at Member State level in the 2020. For the 2030 target, national contributions should become binding and Member States should establish their contributions to the achievement of the Union’s energy efficiency target taking into account the formula provided in this Directive. Member States should be free to set their national objectives based either on primary or final energy consumption or primary or final energy savings, or on energy intensity. This Directive amends the way how Member States should express their binding national contributions to the Union´s binding target. Member States’ binding contributions to the Union’s target should be expressed in final and primary energy consumption to ensure consistency and monitoring of progress. A regular evaluation of progress towards the achievement of the Union's 2030 targets is necessary and is provided for in Regulation (EU) 2018/1999.
Amendment 179 #
Proposal for a directive
Recital 27
Recital 27
(27) To lead by example, the public sector should set its own decarbonisation and energy efficiency goals. Energy efficiency improvements in the public sector should reflect the efforts required at Union level. To comply with the final energy consumption target, the Union should decrease its final energy consumption by 19% by 2030 as compared to the average energy consumption in years 2017, 2018 and 2019. An obligation to achieve an annual reduction of the energy consumption in the public sector by at least 1,72% should ensure that the public sector fulfils its exemplary role. Member States retain full flexibility regarding the choice of energy efficiency improvement measures to achieve a reduction of the final energy consumption. Requiring an annual reduction of final energy consumption has a lower administrative burden than establishing measurement methods for energy savings.
Amendment 202 #
Proposal for a directive
Recital 32
Recital 32
(32) Buildings and transport, alongside industry, are the main energy users and main source of emissions.61 Buildings are responsible for about 40% of the Union’s total energy consumption and for 36% of its GHG from energy.62 The Commission Communication entitled Renovation Wave63 addresses the twin challenge of energy and resource efficiency and affordability in the building sector and aims at doubling the renovation rate. It focusses on the worst performing buildings, energy poverty and on public buildings. Moreover, buildings are crucial to achieving the Union objective of reaching climate neutrality by 2050. Buildings owned by public bodies account for a considerable share of the building stock and have high visibility in public life. It is therefore appropriate to set an annual rate of deep renovation of buildings owned by public bodies on the territory of a Member State to upgrade their energy performance. Member States are invited to set a higher renovation rate, where that is cost-effective in the framework of the renovation of their buildings stock in conformity with their Long Term Renovation Strategies or national renovation programmes. That renovation rate should be without prejudice to the obligations with regard to nearly- zero energy buildings (NZEBs) set in Directive 2010/31/EU of the European Parliament and of the Council.64 During the next review of Directive 2010/31/EU, the Commission should assess the progress Member States achieved regarding the renovation of public bodies’ buildings. The Commission should consider submitting a legislative proposal to revise the renovation rate, while taking into account the progress achieved by the Member States, substantial economic or technical developments, or where needed, the Union´s commitments for decarbonisation and zero pollution. The obligation to deeply renovate public bodies’ buildings in this Directive complements that Directive, which requires Member States to ensure that when existing buildings undergo majorsignificant renovation their energy performance is upgraded so that they meet the requirements on NZEBs. _________________ 61 COM/2020/562 final. 62 See IRP, Resource Efficiency and Climate Change, 2020, and UN Environment Emissions Gap Report, 2019. These figures refer to the use and operation of buildings, including indirect emissions in the power and heat sector, not their full life cycle. The embodied carbon in construction is estimated to account for about 10% of total yearly greenhouse gas emissions worldwide. 63 COM/2020/662 final. 64 Directive 2010/31/EU of the European Parliament and of the Council of 19 May 2010 on the energy performance of buildings (OJ L 153, 18.6.2010, p. 13).
Amendment 206 #
Proposal for a directive
Recital 34
Recital 34
(34) In 2020, more than half of the world’s population lives in urban areas. That figure is expected to reach 68% by 205065 . In addition, half of the urban infrastructures by 2050 are still to be built66 . Green and blue infrastructure can contribute to the achievement of energy efficient targets and to more energy efficient performance of buildings. Green roofs can reduce the energy required for heating and cooling and contribute to biodiversity in urban areas creating important synergies and providing broad array of social services.1a Cities and metropolitan areas are centres of economic activity, knowledge generation, innovation and new technologies. Cities influence the quality of life of the citizens who live or work in them. Member States should support municipalities technically and financially. A number of municipalities and other public bodies in the Member States have already put into place integrated approaches to energy saving and energy supply, for example via sustainable energy action plans, such as those developed under the Covenant of Mayors initiative, and integrated urban approaches which go beyond individual interventions in buildings or transport modes. _________________ 1a https://ec.europa.eu/environment/nature/e cosystems/pdf/SWD_2019_193_F1_STAF F_WORKING_PAPER_EN_V4_P1_1024 680.PDF Cities 65 https://www.unfpa.org/world- population-trends 66 https://www.un.org/en/ecosoc/integration/p df/fact_sheet.pdf
Amendment 214 #
Proposal for a directive
Recital 45
Recital 45
(45) The energy savings obligation established by this Directive should be increased and should also apply after 2030 . That ensures stability for investors and thus encourage long-term investments and long-term energy efficiency measures, such as the deep renovation of buildings with the long-term objective of facilitating the cost effective transformation of existing buildings into NZEBs. Deep renovations that improve the energy performance of a building by at least 60% are currently annually carried out only in 0.2% of the building stock, and in only a fifth of the cases, energy efficiency is significantly improved. The energy savings obligation has an important role in the creation of local growth, jobs, competitiveness and alleviating energy poverty. It should ensure that the Union can achieve its energy and climate objectives by creating further opportunities and to break the link between energy consumption and growth. Cooperation with the private sector is important to assess the conditions on which private investment for energy efficiency projects can be unlocked and to develop new revenue models for innovation in the field of energy efficiency.
Amendment 217 #
Proposal for a directive
Recital 46
Recital 46
(46) Energy efficiency improvement measures also have a positive impact on air quality, as more energy efficient buildings contribute to reducing the demand for heating fuels, including solid heating fuels. Energy efficiency measures therefore contribute to improving indoor and outdoor air quality and help achieve, in a cost effective manner, the objectives of the Union's air quality policy, as established in particular by Directive (EU) 2016/2284 of the European Parliament and of the Council70 . Energy efficiency improvement measures pursuant to this Directive should also include a strategy to reduce the use of solid fuels and reduce indoor and outdoor pollution. Exposure reduction targets should be implemented at local and regional level where the use of solid heating fuels is part of the local or regional energy mix. Air pollution reduction measures pursuant to Article 23 should be implemented based on the assessment of real indoor and outdoor air quality measurements. _________________ 70 Directive (EU) 2016/2284 of the European Parliament and of the Council of 14 December 2016 on the reduction of national emissions of certain atmospheric pollutants, amending Directive 2003/35/EC and repealing Directive 2001/81/EC (OJ L 344, 17.12.2016, p. 1).
Amendment 219 #
Proposal for a directive
Recital 47
Recital 47
(47) Member States are required to achieve cumulative end-use energy savings for the entire obligation period up to 2030, equivalent to new annual savings of at least 0,8% of final energy consumption up to 31 December 2023 and of at least 1,52% as of 1 January 2024 . That requirement could be met by new policy measures that are adopted during the obligation period from 1 January 2021 to 31 December 2030 or by new individual actions as a result of policy measures adopted during or before the previous period, provided that the individual actions that trigger energy savings are introduced during the following period. To that end, Member States should be able to make use of an energy efficiency obligation scheme, alternative policy measures, or both.
Amendment 220 #
(49) Where using an obligation scheme, Member States should designate obligated parties among transmission system operators, energy distributors, retail energy sales companies and transport fuel distributors or retailers on the basis of objective and non-discriminatory criteria. The designation or exemption from designation of certain categories of such distributors or retailers should not be understood to be incompatible with the principle of non-discrimination. Member States are therefore able to choose whether such transmission system operators, distributors or retailers or only certain categories thereof are designated as obligated parties. To empower and protect vulnerable customers, low-income households, people affected by energy poverty and people living in social housing, and to implement policy measures as a priority among those people, Member States can require obligated parties to achieve energy savings among vulnerable customers, low-income households, people affected by energy poverty and people living in social housing. For that purpose, Member States can also establish energy cost reduction targets. Obligated parties could achieve these targets by promoting the installation of measures that lead to energy savings and financial savings on energy bills, such as the installation of insulation and heating measures. Obligated parties should play an active role in the implementation of energy efficiency improvement measures as they have valuable knowledge and know how necessary for the cost-effective realisation of the energy savings targets.
Amendment 231 #
Proposal for a directive
Recital 50 a (new)
Recital 50 a (new)
(50a) Indoor Environmental Quality (IEQ) should be taken into account including Indoor Air Quality (IAQ) to positively affect the health, comfort, and well-being of building occupants in all forms of renovations and in particular with deep renovations.
Amendment 236 #
Proposal for a directive
Recital 53
Recital 53
(53) As an alternative to requiring obligated parties to achieve the amount of cumulative end-use energy savings required under Article 8(1) of this Directive, it should be possible for Member States, in their obligation schemes, to permit or require obligated parties to contribute to an Energy Efficiency National Fund , which could be used to implement policy measures as a priority among vulnerable customers, people affected by energy poverty and people living in social housing . Member state should commit to a target for the volume of Energy Efficiency National fund that corresponds to at least 50% of the value needed to realise the planned energy efficiency improvement measures for alleviation of energy poverty in line with the estimated national annual ring fencing targets pursuant to Article 8 of this Directive. Member States should quantify in their National Energy and Climate plans in line with Article 9 of Regulation (EU)2018/1999, cost estimates needed to realise the annual energy efficiency improvement measures with regards to the energy poverty alleviation targets. The Commission should give a recommendation on the adequacy of the cost estimates introduced by the Member States in meeting the annual ring fencing target for the alleviation of poverty.
Amendment 247 #
(60) In accordance with Article 9 of the Treaty , the Union's energy efficiency policies should be inclusive and should therefore ensure equal access to energy efficiency measures for all consumers affected by energy poverty. Improvements in energy efficiency should, be implemented as a priority among vulnerable customers and final users , people affected by energy poverty, and, where appropriate, among medium-income and low-income households and people living in social housing , elderly people and those living in rural and remote areas . In this context, specific attention should be paid to particular groups which are more at risk of being affected by energy poverty or more susceptible to the adverse impacts of energy poverty, such as women, persons with disabilities, elderly people, children, and persons with a minority racial or ethnic background. Member States can require obligated parties to include social aims in energy-saving measures in relation to energy poverty and this possibility had already been extended to alternative policy measures and Energy Efficiency National Funds. That should be transformed into an obligation to protect and empower vulnerable customers and final users and to alleviate energy poverty , while allowing Member States to retain full flexibility with regard to the type of policy measure, their size, scope and content. If an energy efficiency obligation scheme does not permit measures relating to individual energy consumers, the Member State may take measures to alleviate energy poverty by means of alternative policy measures alone. Within its policy mix, Member States should ensure that other policy measures do not have an adverse effect on vulnerable customers, final users, people affected by energy poverty and, where applicable, people living in social housing. Member States should make best possible use of public funding investments into energy efficiency improvement measures, including funding and financial facilities established at Union level.
Amendment 249 #
Proposal for a directive
Recital 62
Recital 62
(62) Around 34 million households in the Union were unable to keep their home adequately warm in 201974 . The European Green Deal prioritises the social dimension of the transition by committing to the principle that `no one is left behind´. The green and just transition, including the clean transition, affects women and men differently and may have a particular impact on some disadvantaged groups including people with disabilities. Energy efficiency measures must therefore be central to any cost-effective strategy to address energy poverty and consumer vulnerability and are complementary to social security policies at Member State level. To ensure that energy efficiency measures reduce energy poverty for tenants sustainably, the cost-effectiveness of such measures, as well as their affordability to property owners and tenants, should be taken into account, and adequate financial and technical support for such measures should be guaranteed at Member State level. Member States should support the local and regional level in identifying and alleviating energy poverty. The Union's building stock needs, in the long term, to be converted to NZEBs in accordance with the objectives of the Paris Agreement. Current building renovation rates are insufficient and buildings occupied by citizens on low incomes who are affected by energy poverty are the hardest to reach. The measures laid down in this Directive with regard to energy savings obligations, energy efficiency obligation schemes and alternative policy measures are therefore of particular importance. _________________ 74 COMMISSION RECOMMENDATION of 14.10.2020 on energy poverty, C(2020) 9600 final.
Amendment 257 #
Proposal for a directive
Recital 66
Recital 66
(66) The information and communications technology (ICT) sector another important sector which receives increasing attention. In 2018 the energy consumption of data centres in the EU was 76,8 TWh. This is expected to rise to 98.5 TWh by 2030, a 28% increase. This increase in absolute terms can as well be seen in relative terms: within the EU, data centres accounted for 2,7% of electricity demand in 2018 and will reach 3,21% by 2030 if development continues on the current trajectory75 . Europe’s Digital Strategy already highlighted the need for highly energy-efficient and sustainable data centres and calls for transparency measures for telecommunication operators on their environmental footprint. To promote sustainable development in the ICT sector, particularly of data centres, Member States should collect and publish data, based on common European standardised framework which is relevant for the energy performance and water footprint of data centres. Member States should collect and publish data only about data centres with a significant footprintn installed IT power demand equal to or greater than 100 kW, for which appropriate design or efficiency interventions, for new or existing installations respectively, can result in a considerable reduction of the energy and water consumption or in the reuse of waste heat in nearby facilities and heat networks. A data centre sustainability indicator can be established on the basis of that data collected _________________ 75 https://digital- strategy.ec.europa.eu/en/library/energy- efficient-cloud-computing-technologies- and-policies-eco-friendly-cloud-market
Amendment 261 #
Proposal for a directive
Recital 67
Recital 67
(67) The data centre sustainability indicators can be used to measure four basic dimensions of a sustainable data centre, namely how efficiently it uses energy, how much of that energy comes from renewable energy sources, the reuse of any waste heat that it produces and the usage of freshwater. The data centre sustainability indicators should raise awareness amongst data centre owners and operators, manufactures of equipment, developers of software and services, users of data centre services at all levels as well as entities and organisations that deploy, use or procure cloud and data centre services. It should also give confidence about the actual improvements following efforts and measures to increase the sustainability in new or existing data centres. Finally, it should be used as a basis for transparent and evidence-based planning and decision-making. Use of the data centre sustainability indicators should be optional for Member States. Use of the data centre sustainability indicator should be optionalmandatory for Member States.
Amendment 269 #
Proposal for a directive
Recital 72
Recital 72
(72) Taking advantage of new business models and technologies, Member States should endeavour to promote and facilitate the uptake of energy efficiency measures, including through innovative energy services for large and small customers. The capacity to innovate and evolve as a “first mover”, especially in the area of energy efficiency and climate change, provides the European industry and society with an important competitive advantage.
Amendment 274 #
Proposal for a directive
Recital 91
Recital 91
(91) Greater consumer protection should be guaranteed by the availability of effective, independent out-of-court dispute settlement mechanisms for all consumers, such as an energy ombudsperson including for vulnerable customers, a consumer body or a regulatory authority. Member States should, therefore, introduce speedy and effective complaint-handling procedures.
Amendment 277 #
Proposal for a directive
Recital 92
Recital 92
(92) The contribution of renewable energy communities, pursuant to Directive (EU) 2018/2001 of the European Parliament and of the Council80 , and citizen energy communities, according to Directive (EU) 2019/944 towards the objectives of the European Green Deal and the 2030 Climate Target Plan, should be recognised. Member States should, therefore, consider and promote the role of renewable energy communities and citizen energy communities. Those communities can help Member States to achieve the objectives of this Directive by advancing energy efficiency at local or household level. They can empower and engage consumers and enable certain groups of household customers, including in rural and remote areas to participate in energy efficiency projects and interventions. Energy communities can help fighting energy poverty through facilitation of energy efficiency projects, reduced energy consumption and lower supply tariffs by strengthening the spirit of solidarity. _________________ 80 Directive (EU) 2018/2001 of the European Parliament and of the Council of 11 December 2018 on the promotion of the use of energy from renewable sources (OJ L 328, 21.12.2018, p. 82).
Amendment 278 #
Proposal for a directive
Recital 93
Recital 93
(93) The contribution of one-stop shops or similar structures as mechanisms that can enable multiple target groups, including citizens, SMEs and public authorities, to design and implement projects and measures related to the clean energy transition, should be recognised. That contribution can include the provision of technical, administrative and financial advice and assistance, facilitation of the necessary administrative procedures or of access to financial markets, or guidance with the national and European legal framework, including public procurement rules and criteria, and the EU Taxonomy on environmental and social minimum standards.
Amendment 279 #
Proposal for a directive
Recital 95
Recital 95
(95) A fair transition towards a climate- neutral Union by 2050 is central to the European Green Deal. The European Pillar of Social Rights, jointly proclaimed by the European Parliament, the Council and the Commission on 17 November 2017, includes energy among the essential services which everyone is entitled to access. Support for access to such services must be available for those in need81 . The realisation of principles of just transition depend also on the actions re-affirmed during the Porto summit. 81a _________________ 81 EPSR, Principle 20 “Access to essential services”: https://ec.europa.eu/commission/priorities/ deeper-and-fairer-economic-and-monetary- union/european-pillar-social- rights/european-pillar-social-rights-20- principles_en 81a https://www.consilium.europa.eu/en/press /press-releases/2021/05/08/the-porto- declaration/
Amendment 303 #
Proposal for a directive
Article 1 – paragraph 1 – subparagraph 1
Article 1 – paragraph 1 – subparagraph 1
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 and use of energy. It also provides for the establishment of indicative national energy efficiency contributions for 2030 in order to reduce energy dependence and to reach climate neutrality by 2050 at the latest and the 2030 climate targets as set in the Regulation (EU) 2021/1119.
Amendment 317 #
Proposal for a directive
Article 2 – paragraph 1 – point 8 a (new)
Article 2 – paragraph 1 – point 8 a (new)
(8a) ‘deep renovation’ means deep renovation as defined in Article 2, point (19) of Directive (EU) .../...of the European Parliament and of the Council on the energy performance of buildings aiming for reaching the full potential of a building by reducing its energy demand, based on its typology and climatic zone, to a zero-emission building (ZEB) or a nearly zero-energy building (NZEB). It leads to a very high energy performance with the aim that the remaining minimal energy requirement can be covered by renewable energy. Deep renovation also delivers an optimal level of Indoor Environmental Quality (IEQ) to the Building occupants.
Amendment 319 #
Proposal for a directive
Article 2 – paragraph 1 – point 8 b (new)
Article 2 – paragraph 1 – point 8 b (new)
(8b) ‘zero-emission building’ (ZEB) means a building with a very high energy performance as defined in Article 2, point (2) of Directive (EU) .../...of the European Parliament and of the Council on the energy performance of buildings;
Amendment 320 #
Proposal for a directive
Article 2 – paragraph 1 – point 8 c (new)
Article 2 – paragraph 1 – point 8 c (new)
(8c) ‘nearly zero-energy building’ (NZEB) means a building with a very high energy performance as defined in Article 2, point (3) of Directive (EU) .../...of the European Parliament and of the Council on the energy performance of buildings;
Amendment 321 #
Proposal for a directive
Article 2 – paragraph 1 – point 8 d (new)
Article 2 – paragraph 1 – point 8 d (new)
(8d) ‘indoor environmental quality’ (IEQ) means the Quality of a building’s environment in relation to the health and well being of those who occupy space within it. IEQ is determined by many factors, including lighting, indoor air quality in the meaning of Article 11(3) of Directive (EU) .../...of the European Parliament and of the Council on the energy performance of buildings, and damp conditions. IEQ refers to what we breathe, see, hear and feel inside a building.
Amendment 331 #
Proposal for a directive
Article 2 – paragraph 1 – point 45
Article 2 – paragraph 1 – point 45
(45) ‘data centre’ means a structure, or group of structures, with the purpose of centralized accommodation, interconnection and transparent operation of information technology and network telecommunications equipment providing data storage, processing and transport services together with all the facilities and infrastructures for power distribution and environmental control and the necessary levels of resilience and security required to provide the desired service availability;
Amendment 332 #
Proposal for a directive
Article 2 – paragraph 1 – point 48
Article 2 – paragraph 1 – point 48
(48) ‘'energy poverty’ means a household’s lack of access to essential energy services that underpininability due to non- affordability, to meet its basic energy supply needs and lack of access to essential energy services needed to guarantee basic levels of comfort and health, a decent standard of living and health, including adequate warmth,heating and cooling, lighting, and energy to power appliances, in the relevant national context, existing social policy and other relevant policies;, as a result of insufficient disposable income.
Amendment 335 #
Proposal for a directive
Article 2 – paragraph 1 – point 50 a (new)
Article 2 – paragraph 1 – point 50 a (new)
(50a) 'best available techniques' (BAT) means the available techniques which are the best for preventing or minimising emissions and impacts on the environment.
Amendment 345 #
Proposal for a directive
Article 3 – paragraph 1 – point a
Article 3 – paragraph 1 – point a
(a) energy systems, water sector, industry, buildings and
Amendment 350 #
Proposal for a directive
Article 3 – paragraph 1 – point b a (new)
Article 3 – paragraph 1 – point b a (new)
(ba) in the public and private financial sector, where financial services and instruments can contribute to support energy efficiency measures;
Amendment 361 #
Proposal for a directive
Article 3 – paragraph 3 a (new)
Article 3 – paragraph 3 a (new)
3a. Member States shall propose concrete plants to remove regulatory or non-regulatory barriers to energy efficiency in order to strengthen demand- side solutions and put them on an equal footing with supply side measures.
Amendment 367 #
Proposal for a directive
Article 4 – paragraph 1
Article 4 – paragraph 1
1. Member States shall collectively ensure a reduction of energy consumption of at least 9 45.5% in 2030 compared to the projections of the 20207 Reference Scenario so that the Union’s final energy consumption amounts to no more than 78700 Mtoe and the Union’s primary energy consumption amounts to no more than 1023911 Mtoe in 2030.91 _________________ 91 The Union’s energy efficiency target was initially set and calculated using the 2007 Reference Scenario projections for 2030 as a baseline. The change in the Eurostat energy balance calculation methodology and improvements in subsequent modelling projections call for a change of the baseline. Thus, using the same approach to define the target, that is to say comparing it to the future baseline projections, the ambition of the Union’s 2030 energy efficiency target is set compared to the 2020 Reference Scenario projections for 2030 reflecting national contributions from the NECPs. With that updated baseline, the Union will need to further increase its energy efficiency ambition by at least 9 % in 2030 compared to the level of efforts under the 2020 Reference Scenario. The new way of expressing the level of ambition for the Union’s targets does not affect the actual level of efforts needed.
Amendment 372 #
Proposal for a directive
Article 4 – paragraph 2 – introductory part
Article 4 – paragraph 2 – introductory part
2. Each Member State shall set binding national energy efficiency contributions for final and primary energy consumption to meet, collectively, the binding Union target set in paragraph 1 . Member States shall notify those binding national contributions together with an bindicativeng linear trajectory with two reference points in 2025 and 2027 for those contributions to the Commission as part of the updates of their integrated national energy and climate plans in accordance with Article 14 of Regulation (EU) 2018/1999, and as part of their integrated national energy and climate plans as referred to in, and in accordance with, the procedure set out in Article 3 and Articles 7 to 12 of Regulation (EU) 2018/1999 . When doing soIn setting their binding national contributions, Member States shall use the formula defined in Annex I of this Directive and explain how, and on the basis of which data, the contributions have been calculated.
Amendment 380 #
Proposal for a directive
Article 4 – paragraph 2 – subparagraph 2 – point a
Article 4 – paragraph 2 – subparagraph 2 – point a
(a) that the Union’s 2030 energy consumption has to be no more than 78700 Mtoe of final energy or no more than 1023911 Mtoe of primary energy consumption ;
Amendment 401 #
Proposal for a directive
Article 4 – paragraph 3 – introductory part
Article 4 – paragraph 3 – introductory part
3. 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 binding energy efficiency contributions, Member States that are above their indicative trajectories referred to in paragraph 2 of this Article shall ensure that additional measures are implemented within one year following the date of reception of the Commission's assessment in order to ensure getting back on track to reach their energy efficiency contributions. Those additional measures shall include, but shall not be limited to, the following measures:
Amendment 408 #
Proposal for a directive
Article 4 – paragraph 3 – subparagraph 2
Article 4 – paragraph 3 – subparagraph 2
The Commission shall assess whether the national measures referred to in this paragraph are sufficient to achieve the Union's energy efficiency targets and the Member States binding contributions. 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.
Amendment 414 #
Proposal for a directive
Article 5 – paragraph 1 – introductory part
Article 5 – paragraph 1 – introductory part
1. Member States shall ensure that the total final energy consumption of all public bodies combined is reduced by at least 1,72% each year, when compared to the year X-2 (with X as the year when this Directive enters into force).
Amendment 432 #
Proposal for a directive
Article 5 – paragraph 5 a (new)
Article 5 – paragraph 5 a (new)
5a. Member States shall support and actively engage with regional and local authorities and their energy agencies in developing one-stop shops providing technical and financial advice and solutions to households, through an integrated process.
Amendment 435 #
Proposal for a directive
Article 6 – paragraph 1 – introductory part
Article 6 – paragraph 1 – introductory part
1. Without prejudice to Article 7 of Directive 2010/31/EU of the European Parliament and of the Council92 , each Member State shall ensure that at least 3 % of the total floor area of heated and/or cooled buildings owned by public bodies is renovated each year to at least be transformed into nearly zero-energy buildings in accordance with Article 9 of Directive 2010/31/EU. and into the highest standard for new buildings in accordance with [Article 2] of Directive (EU).../...of the European Parliament and of the Council on the energy performance of buildings. _________________ 92 Directive 2010/31/EU of the European Parliament and of the Council of 19 May 2010 on the energy performance of buildings (OJ L 153, 18.6.2010, p. 13).
Amendment 444 #
Proposal for a directive
Article 6 – paragraph 1 – subparagraph 1
Article 6 – paragraph 1 – subparagraph 1
Where public bodies occupy a building that they do not own, they shall exercise their contractual rights to the extent possible and encourage the building owner to renovate the building to a nearly zero-energy building in accordance with Article 9 of Directive 2010/31/EU. When concluding a new contract for occupying a building they do not own, public bodies shall aim for that building to fall into the top two energy efficiency classes on the energy performance certificate and may rent only buildings that are nearly zero-energy buildings, in accordance with Article 9 of Directive 2010/31/EU, and that are of the highest standard for new buildings in accordance with [Article 2.2] of Directive (EU).../...of the European Parliament and of the Council on the energy performance of buildings.
Amendment 462 #
Proposal for a directive
Article 6 – paragraph 3 a (new)
Article 6 – paragraph 3 a (new)
3a. Information on measured energy savings resulting from the renovation of public buildings shall also be included and made publicly available in the inventory, which should be linked to the national Energy Performance Certificates (EPC) databases.
Amendment 467 #
Proposal for a directive
Article 7 – paragraph 1 – subparagraph 1
Article 7 – paragraph 1 – subparagraph 1
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 referred to in Article 3 of this Directive, including for those public contracts and concessions for which no specific requirements are provided in Annex IV. Contracting authorities may only make new rental agreements for buildings that are nearly- zero energy buildings (NZEB).
Amendment 483 #
Proposal for a directive
Article 8 – paragraph 1 – point c
Article 8 – paragraph 1 – point c
(c) new savings each year from 1 January 2024 to 31 December 2030 of 1,52 % of annual final energy consumption, averaged over the three-year period prior to 1 January 2020.
Amendment 497 #
Proposal for a directive
Article 8 – paragraph 3 – introductory part
Article 8 – paragraph 3 – introductory part
3. Member States shall implement energy efficiency obligation schemes, alternative policy measures, or a combination of both, or programmes or measures financed under an Energy Efficiency National Fund, as a priority among people affected by energy poverty, low-income households, vulnerable customers and, where applicable, people living in social housing. Member States shall ensure that policy measures implemented pursuant to this Article have no adverse effect on those persons. Where applicable, Member States shall make the best possible use of funding, including public funding, funding facilities established at Union level, and revenues from allowances pursuant to Article 22(3)(b) with the aim of removing adverse effects and ensuring a just and inclusive energy transition.
Amendment 500 #
Proposal for a directive
Article 8 – paragraph 3 – subparagraph 1
Article 8 – paragraph 3 – subparagraph 1
In designing such policy measures, Member States shall consider and promote the role of renewable energy communities and citizen energy communities in solidarity and the contribution to the implementation towards these policy measures. Member States shall aim to foster the development of citizen energy communities and encourage energy self-sufficiency at local level.
Amendment 501 #
Proposal for a directive
Article 8 – paragraph 3 – subparagraph 2 – introductory part
Article 8 – paragraph 3 – subparagraph 2 – introductory part
Member States shall achieve a minimum share of the required amount of cumulative end-use energy savings among people affected by energy poverty, low-income households, vulnerable customers and, where applicable, people living in social housing. This share shall at least equal the proportion of households in energy poverty as assessed in their National Energy and Climate Plan established in accordance with Article 3(3)(d) of the Governance Regulation 2018/1999. Member States shall in their assessment of the share of energy poverty in their National Energy and Climate Plan consider the indicators in points (a), (b),(c), and (ca) of this subparagraph. If a Member States NECP assessment results in a lower share of cumulative end-use energy savings among people affected by energy poverty, low- income households, vulnerable customers and, where applicable, people living in social housing the Commission shall examine the assessment with regards to the indicators referred to in this Article. If a Member State had 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 low-income households, vulnerable customers and, where applicable, people living in social housing, shall at least equal the arithmetic average share of the following indicators 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:
Amendment 503 #
Proposal for a directive
Article 8 – paragraph 3 – subparagraph 2 – point c
Article 8 – paragraph 3 – subparagraph 2 – point c
c) Structure of consumption expenditure by income quintile and COICOP consumption purpose (Eurostat, HBS, [hbs_str_t223], data for [CP045] Electricity, gas and other fuels).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]);
Amendment 504 #
Proposal for a directive
Article 8 – paragraph 3 – subparagraph 2 – point c a (new)
Article 8 – paragraph 3 – subparagraph 2 – point c a (new)
ca) At-risk-of-poverty rate (Eurostat, SILC and ECHP surveys [ilc_li02]) (cut- off point: 60% of median equivalised income after social transfers.
Amendment 523 #
Proposal for a directive
Article 9 – paragraph 4
Article 9 – paragraph 4
4. Member States mayshall require obligated parties to achieve a share of their energy savings obligation among people affected by energy poverty, vulnerable customers and, where applicable, people living in social housing. Member States mayshall also require obligated parties to achieve energy cost reduction targets and to achieve energy savings by promoting energy efficiency improvement measures, including financial support measures mitigating carbon price effects on SMEs and micro-SMEs.
Amendment 528 #
Proposal for a directive
Article 9 – paragraph 5
Article 9 – paragraph 5
5. Member States mayshall require obligated parties to work with local authorities or municipalities to promote energy efficiency improvement measures among people affected by energy poverty, vulnerable customers and, where applicable, people living in social housing. This includes identifying and addressing the specific needs of particular groups at risk of energy poverty or more susceptible to its effects. To protect people affected by energy poverty vulnerable customers and, where applicable, people living in social housing, Member States shall encourage obligated parties to carry out actions such as renovation of buildings, including social housing, replacement of appliances, financial support and incentives for energy efficiency improvement measures in conformity with national financing and support schemes, or energy audits.
Amendment 539 #
Proposal for a directive
Article 11 – paragraph 1
Article 11 – paragraph 1
1. Member States shall ensure that enterprises with an average annual consumption higher than 1008TJ of energy over the previous three years and taking all energy carriers together, implement an energy management system. The energy management system shall be certified by an independent body according to the relevant European or International Standards.
Amendment 542 #
Proposal for a directive
Article 11 – paragraph 2 – introductory part
Article 11 – paragraph 2 – introductory part
2. Member States shall ensure that enterprises with an average annual consumption higher than 103.6TJ of energy over the previous three years and taking all energy carriers together that do not implement an energy management system are subject to an energy audit. Energy audits shall be carried out in an independent and cost-effective manner by qualified or accredited experts in accordance with requirements provided in Article 26 or implemented and supervised by independent authorities under national legislation. Energy audits shall be carried out at least every four years from the date of the previous energy audit.
Amendment 550 #
Proposal for a directive
Article 11 – paragraph 2 – subparagraph 1
Article 11 – paragraph 2 – subparagraph 1
The results of the energy audits including the water performance and recommendations from these audits shall be transmitted to the management of the enterprise. Member States shall ensure that the results and the implemented recommendations are published in the enterprise’s annual report, where applicable.
Amendment 556 #
Proposal for a directive
Article 11 – paragraph 10
Article 11 – paragraph 10
10. Without prejudice to paragraphs 1 to 9, Member States shall require, by 15 March 2024 and every year thereafter, owners and operators of every data centre in their territory with a significantn IT powered demand equal to or greater than 100 kW of energy consumption to make publicly available the information set out in Annex VI (`Minimum requirements for monitoring and publishing the energy performance of data centres´), which Member States shall subsequently report to the Commission.
Amendment 573 #
Proposal for a directive
Article 21 – paragraph 4 – introductory part
Article 21 – paragraph 4 – introductory part
4. Member States shall ensure that final customers, final users, vulnerable customers, people affected by energy poverty and, where applicable, people living in social housing, have access to simple, fair, transparent, independent, effective and efficient out-of-court mechanisms for the settlement of disputes concerning rights and obligations established under this Directive, through an independent mechanism such as an energy ombudsperson or a consumer body, or through a regulatory authority. Where the final customer is a consumer as defined in Article 4(1)(a) of Directive 2013/11/EU of the European Parliament and of the Council100 , such out-of-court dispute settlement mechanisms shall comply with the requirements set out therein. Special attention shall be given to energy poverty and vulnerable customers in line with Article 24(5). _________________ 100 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).
Amendment 593 #
Proposal for a directive
Article 22 – paragraph 4 – subparagraph 1 – point a
Article 22 – paragraph 4 – subparagraph 1 – point a
a) to establish national definitions, indicators and criteria of energy poverty, energy poor and concepts of vulnerable customers as set out in Article 8(3), including final users;
Amendment 597 #
Proposal for a directive
Article 22 – paragraph 4 a (new)
Article 22 – paragraph 4 a (new)
4a. Member States shall establish obligations for energy service providers to fund and to set up within 18 months an energy efficiency ombudsperson centre at regional level in order to support vulnerable customers and contribute to the alleviation of energy poverty and to promote energy justice. The tasks of the centre will be the following: (a) to facilitate support and guidance from social workers in form of a “one stop shop” for social, administrative and financial possibilities at local, regional, national and Union level coordinating organisations such as social and job centres, debt advice centres or NGOs and national network of experts; (b) to provide technical support and energy efficiency advise by energy efficiency experts in line with national “one stop shop”; (c) enable and set up in a fair, reasonable and adequate manner financial support for energy efficiency investments by energy efficiency ombudsperson centre; Member States may use or combine in setting up such funding, existing tools such as the European Energy Efficiency Fund (EEEF), the National Energy Efficiency Fund (NEEF), Recovery and Resilience Facility (RRF), Next Generation EU (NGEU), Social Climate Fund, Cohesion Policy funds such as the European Regional and Development Fund and the Cohesion Fund (ERDF- CF) and the Just Transition Fund (JTF), a possible funding provided by energy service providers or any other existing or established funding at local, regional, national or Union level; (d) to provide an effective and independent out of court dispute settlement mechanism and an effective complaint handling procedure for consumers as referred to in Article 21(4).
Amendment 621 #
Proposal for a directive
Article 23 – paragraph 6 – point e a (new)
Article 23 – paragraph 6 – point e a (new)
(ea) include air pollution reduction measures for indoor and outdoor air quality control.
Amendment 656 #
Proposal for a directive
Article 24 – paragraph 1 – point c
Article 24 – paragraph 1 – point c
c. from 1 January 2035, a system using at least 50% renewable energy and waste heat, where the share of renewable energy is at least 205%;
Amendment 663 #
Proposal for a directive
Article 24 – paragraph 1 – point d
Article 24 – paragraph 1 – point d
d. from 1 January 2045, a system using at least 75 % renewable energy and waste heat, where the share of renewable energy is at least 405%;
Amendment 671 #
Proposal for a directive
Article 24 – paragraph 1 – point e
Article 24 – paragraph 1 – point e
e. from 1 January 2050, a system using only renewable energy and waste heat, where the share of renewable energy is at least 605%.
Amendment 678 #
Proposal for a directive
Article 24 – paragraph 2
Article 24 – paragraph 2
2. Member States shall ensure that where a district heating and cooling system is built or substantially refurbished it meets the criteria set out in paragraph 1 applicable at such 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 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 that any new heat sources in that system do not use fossil fuels other than natural gas. Member States shall aim for the best available techniques (BAT).
Amendment 690 #
Proposal for a directive
Article 24 – paragraph 4 – point d
Article 24 – paragraph 4 – point d
(d) a data centre with a total rated energy input exceeding 1 MW level, to assess the cost and benefits 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 for local reuse of waste heat. The analysis shall consider cooling system solutions that allow removing or capturing the waste heat at useful temperature level with minimal ancillary energy inputs and connection of installation to a district heating network or any other projects economically feasible where waste heat could be reused.
Amendment 693 #
Proposal for a directive
Article 24 – paragraph 5 – point c
Article 24 – paragraph 5 – point c
(c) 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 where it is located or other uses in the locality around the data centre.
Amendment 711 #
Proposal for a directive
Article 27 – paragraph 7
Article 27 – paragraph 7
7. For the purpose of supporting the proper functioning of the energy services market, Member States mayshall establish an individual mechanism or designate an ombudsperson as outlined in Article 24(5), to ensure the efficient handling of complaints and out-of-court settlement of disputes arising from energy service and energy performance contracts.
Amendment 718 #
Proposal for a directive
Article 28 – paragraph 9
Article 28 – paragraph 9
9. Member States mayshall set up an National Energy Efficiency National Fund. The purpose of this fund shall be to implement energy efficiency measures, including measures pursuant to Article 8(3) and Article 22 as a priority among vulnerable customers, people affected by energy poverty and, where applicable, people living in social housing, and to implement n support of Member States’ national contributions pursuant to Article 4(2). Member States shall allocate to the fund at least 50% of the value needed to realize the planned energy efficiency improvement measures for the alleviation of poverty. Pursuant to Article 8(3) and Article 22, the National eEnergy eEfficiency measures to support Member States in meeting their national energy efficiency contributions and their indicative trajectories referred to in Article 4(2)Fund shall support the implementation of measures among vulnerable customers, people affected by energy poverty and, where applicable, people living in social housing. The Energy Efficiency National Fund may be financed with revenues from the allowance auctions pursuant to the EU Emission Trading System on buildings and transport sectors. The National Energy Efficiency Fund shall be operational as from the transposition deadline of this Directive.
Amendment 742 #
Proposal for a directive
Annex III – point a – paragraph 1 – indent 3
Annex III – point a – paragraph 1 – indent 3
— direct emissions of the carbon dioxide from cogeneration production that is fuelled with fossil fuels, are less than 27250 gCO2 per 1 kWh of energy output from the combined generation (including heating/cooling, power and mechanical energy).