Annexes to COM(2021)802 - Energy performance of buildings (recast) - Main contents

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dossier	COM(2021)802 - Energy performance of buildings (recast).
document	COM(2021)802
date	April 24, 2024

Annex IX, Part A.

(6) OJ L 282, 19.10.2016, p. 4.

(7) Regulation (EU) 2021/1119 of the European Parliament and of the Council of 30 June 2021 establishing the framework for achieving climate neutrality and amending Regulations (EC) No 401/2009 and (EU) 2018/1999 (‘European Climate Law’) (OJ L 243, 9.7.2021, p. 1).

(8) Directive (EU) 2023/1791 of the European Parliament and of the Council of 13 September 2023 on energy efficiency and amending Regulation (EU) 2023/955 (OJ L 231, 20.9.2023, p. 1).

(9) 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 (OJ L 328, 21.12.2018, p. 1).

(10) 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).

(11) Regulation (EU) 2021/241 of the European Parliament and of the Council of 12 February 2021 establishing the Recovery and Resilience Facility (OJ L 57, 18.2.2021, p. 17).

(12) Regulation (EU) 2021/1058 of the European Parliament and of the Council of 24 June 2021 on the European Regional Development Fund and on the Cohesion Fund (OJ L 231, 30.6.2021, p. 60).

(13) Directive 2009/125/EC of the European Parliament and of the Council of 21 October 2009 establishing a framework for the setting of ecodesign requirements for energy-related products (OJ L 285, 31.10.2009, p. 10).

(14) Regulation (EU) 2017/1369 of the European Parliament and of the Council of 4 July 2017 setting a framework for energy labelling and repealing Directive 2010/30/EU (OJ L 198, 28.7.2017, p. 1).

(15) Regulation (EU) 2020/852 of the European Parliament and of the Council of 18 June 2020 on the establishment of a framework to facilitate sustainable investment, and amending Regulation (EU) 2019/2088 (OJ L 198, 22.6.2020, p. 13).

(16) Commission Delegated Regulation (EU) 2021/2139 of 4 June 2021 supplementing Regulation (EU) 2020/852 of the European Parliament and of the Council by establishing the technical screening criteria for determining the conditions under which an economic activity qualifies as contributing substantially to climate change mitigation or climate change adaptation and for determining whether that economic activity causes no significant harm to any of the other environmental objectives (OJ L 442, 9.12.2021, p. 1).

(17) Regulation (EU) 2021/1060 of the European Parliament and of the Council of 24 June 2021 laying down common provisions on the European Regional Development Fund, the European Social Fund Plus, the Cohesion Fund, the Just Transition Fund and the European Maritime, Fisheries and Aquaculture Fund and financial rules for those and for the Asylum, Migration and Integration Fund, the Internal Security Fund and the Instrument for Financial Support for Border Management and Visa Policy (OJ L 231, 30.6.2021, p. 159).

(18) Commission Recommendation (EU) 2021/1749 of 28 September 2021 on Energy Efficiency First: from principles to practice — Guidelines and examples for its implementation in decision-making in the energy sector and beyond (OJ L 350, 4.10.2021, p. 9).

(19) Directive 2009/148/EC of the European Parliament and of the Council of 30 November 2009 on the protection of workers from the risks related to exposure to asbestos at work (OJ L 330, 16.12.2009, p. 28).

(20) 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).

(21) Regulation (EU) No 168/2013 of the European Parliament and of the Council of 15 January 2013 on the approval and market surveillance of two- or three-wheel vehicles and quadricycles (OJ L 60, 2.3.2013, p. 52).

(22) Regulation (EU) 2023/955 of the European Parliament and of the Council of 10 May 2023 establishing a Social Climate Fund and amending Regulation (EU) 2021/1060 (OJ L 130, 16.5.2023, p. 1).

(23) Council Recommendation of 16 June 2022 on ensuring a fair transition towards climate neutrality (OJ C 243, 27.6.2022, p. 35).

(24) OJ L 123, 12.5.2016, p. 1.

(25) Regulation (EU) 2021/240 of the European Parliament and of the Council of 10 February 2021 establishing a Technical Support Instrument (OJ L 57, 18.2.2021, p. 1).

(26) Judgment of the Court (Grand Chamber) of 8 July 2019, European Commission v Kingdom of Belgium, C-543/17, ECLI:EU:C:2019:573.

(27) Regulation (EU) 2023/1804 of the European Parliament and of the Council of 13 September 2023 on the deployment of alternative fuels infrastructure, and repealing Directive 2014/94/EU (OJ L 234, 22.9.2023, p. 1).

(28) 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).

(29) Commission Delegated Regulation (EU) No 244/2012 of 16 January 2012 supplementing Directive 2010/31/EU of the European Parliament and of the Council on the energy performance of buildings by establishing a comparative methodology framework for calculating cost-optimal levels of minimum energy performance requirements for buildings and building elements (OJ L 81, 21.3.2012, p. 18).

(30) Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) (OJ L 119, 4.5.2016, p. 1).

(31) Directive 2003/87/EC of the European Parliament and of the Council of 13 October 2003 establishing a system for greenhouse gas emission allowance trading within the Union and amending Council Directive 96/61/EC (OJ L 275, 25.10.2003, p. 32).

(32) Regulation (EU) 2021/2115 of the European Parliament and of the Council of 2 December 2021 establishing rules on support for strategic plans to be drawn up by Member States under the common agricultural policy (CAP Strategic Plans) and financed by the European Agricultural Guarantee Fund (EAGF) and by the European Agricultural Fund for Rural Development (EAFRD) and repealing Regulations (EU) No 1305/2013 and (EU) No 1307/2013 (OJ L 435, 6.12.2021, p. 1).

(33) Regulation (EU) 2021/1056 of the European Parliament and of the Council of 24 June 2021 establishing the Just Transition Fund (OJ L 231, 30.6.2021, p. 1).

(34) Regulation (EU) No 182/2011 of the European Parliament and of the Council of 16 February 2011 laying down the rules and general principles concerning mechanisms for control by Member States of the Commission’s exercise of implementing powers (OJ L 55, 28.2.2011, p. 13).

ANNEX I

Common general framework for the calculation of the energy performance of buildings

(referred to in Article 4)

1.

The energy performance of a building shall be determined on the basis of calculated or metered energy use and shall reflect typical energy use for space heating, space cooling, domestic hot water, ventilation, built-in lighting and other technical building systems. Member States shall ensure that the typical energy use is representative of actual operating conditions for each relevant typology and reflects the typical user behaviour. Where possible, typical energy use and typical user behaviour shall be based on available national statistics, building codes and metered data.

Where metered energy use is the basis for calculating the energy performance of buildings, the calculation methodology shall be capable of identifying the influence of the behaviour of occupants and the local climate, which shall not be reflected in the result of the calculation. Metered energy use for the purpose of calculating the energy performance of buildings shall require readings of at least monthly intervals and must differentiate between energy carriers.

Member States may use metered energy consumption under typical operating conditions to verify the correctness of the calculated energy use and enable comparison between calculated and actual performance. Metered energy consumption for the purposes of verification and comparison may be based on monthly readings.

The energy performance of a building shall be expressed by a numeric indicator of primary energy use per unit of reference floor area per year, in kWh/(m2.y) for the purposes of both energy performance certification and compliance with minimum energy performance requirements. The methodology applied for the determination of the energy performance of a building shall be transparent and open to innovation.

Member States shall describe their national calculation methodology on the basis of Annex A to the key European standards on the energy performance of buildings, namely (EN) ISO 52000-1, (EN) ISO 52003-1, (EN) ISO 52010-1, (EN) ISO 52016-1, (EN) ISO 52018-1, (EN) ISO 52120-1, EN 16798-1 and EN 17423 or superseding documents. This provision shall not constitute a legal codification of those standards.

Member States shall take the necessary measures to ensure that, where buildings are supplied by district heating or cooling systems, the benefits of such supply are recognised and accounted for in the calculation methodology, in particular the renewable energy share, through individually certified or recognised primary energy factors.

2.

The energy needs and energy use for space heating, space cooling, domestic hot water, ventilation, lighting and other technical building systems shall be calculated using monthly, hourly or sub-hourly time calculation intervals in order to account for varying conditions that significantly affect the operation and performance of the system and the indoor conditions, and to optimise health, indoor air quality, including comfort levels, defined by Member States at national or regional level.

Where product-specific regulations for energy-related products adopted under Directive 2009/125/EC include specific product information requirements for the purpose of calculating energy performance and life-cycle GWP under this Directive, national calculation methods shall not require additional information.

The calculation of primary energy shall be based on regularly updated and forward-looking primary energy factors (distinguishing non-renewable, renewable and total) or weighting factors per energy carrier, which have to be recognised by the national authorities and taking into account the expected energy mix on the basis of its national energy and climate plan. Those primary energy factors or weighting factors may be based on national, regional or local information. Primary energy factors or weighting factors may be set on an annual, seasonal, monthly, daily or hourly basis or on more specific information made available for individual district systems.

Primary energy factors or weighting factors shall be defined by Member States. The choices made and data sources shall be reported according to EN 17423 or any superseding document. Member States may opt for an average Union primary energy factor for electricity established pursuant to Directive (EU) 2023/1791 instead of a primary energy factor reflecting the electricity mix in the country.

3.

For the purpose of expressing the energy performance of a building, Member States shall define additional numeric indicators of total, non-renewable and renewable primary energy use, and of operational greenhouse gas emissions produced in kgCO2eq/(m2.y).

4.

The methodology shall be laid down taking into consideration at least the following aspects:

(a)

the following actual thermal characteristics of the building including its internal partitions:

(i)	thermal capacity;

(ii)	insulation;

(iii)

passive heating;

(iv)	cooling elements;

(v)	thermal bridges;

(b)	heating installation and domestic hot-water supply, including their insulation characteristics;

(c)	capacity of installed on-site renewable energy generation and energy storage;

(d)	air-conditioning installations;

(e)	natural and mechanical ventilation which may include air-tightness and heat recovery;

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

(g)	the design, positioning and orientation of the building, including outdoor climate;

(h)	passive solar systems and solar protection;

(i)	indoor climatic conditions, including the designed indoor climate;

(j)	internal loads;

(k)	building automation and control systems and their capabilities to monitor, control and optimise energy performance.

5.

The positive influence of the following aspects shall be taken into account:

(a)	local solar exposure conditions, active solar systems and other heating and electricity systems on the basis of energy from renewable sources;

(b)	electricity produced by cogeneration;

(c)	district or block heating and cooling systems;

(d)	natural lighting;

(e)	electrical storage systems;

(f)	thermal storage systems.

6.

For the purposes of the calculation of the energy performance of buildings, buildings should be adequately classified into the following categories:

(a)	single-family houses of different types;

(b)	apartment blocks;

(c)

offices;

(d)	educational buildings;

(e)	hospitals;

(f)	hotels and restaurants;

(g)	sports facilities;

(h)	wholesale and retail trade services buildings;

(i)	other types of energy-consuming buildings.

ANNEX II

Template for the national building renovation plans

(referred to in Article 3)

This Directive Article 3

Mandatory indicators

Optional indicators

(a)	Overview of the national building stock

Number of buildings and total floor area (m2):

—	per building type (including public buildings and social housing)

—	per energy performance class

—	nearly zero-energy buildings

—	worst-performing buildings (including a definition)

—	the 43 % worst-performing residential buildings

—	estimation of the share of buildings exempted pursuant to Article 9(6), point (b)

Number of buildings and total floor area (m2):

—	per building age

—	per building size

—	per climatic zone

—	demolition (number and total floor area (m2))

Number of energy performance certificates:

—	per building type (including public buildings)

—	per energy performance class

Number of energy performance certificates:

—	per construction period

Annual renovation rates: number and total floor area (m2)

—	per building type

—	to nearly zero-energy and/or to zero-emission building levels

—	per renovation depth (weighted average renovation)

—	public buildings

Primary and final annual energy consumption (ktoe):

—	per building type

—	per end use

Energy savings (ktoe):

—	residential buildings

—	non-residential buildings

—	public buildings

Average primary energy use in kWh/(m2.y) for residential buildings

Share of renewable energy in the building sector (MW installed or GWh generated):

—	for different uses

Reduction in energy costs (EUR) per household (average)

Primary energy use of a building corresponding to the top 15 % (substantial contribution threshold) and the top 30 % (do no significant harm threshold) of the national building stock, as per Delegated Regulation (EU) 2021/2139

Share of heating system in the building sector per boiler/heating system type

Share of renewable energy in the building sector (MW installed or GWh generated):

—

on-site

—

off-site

Annual operational greenhouse gas emissions (kgCO2eq/(m2.y):

—	per building type

Annual operational greenhouse gas emission reduction (kgCO2eq/(m2.y):

—	per building type

Life-cycle GWP (kgCO2eq/m2) in new buildings:

—	per building type

Market barriers and failures (description):

—	split incentives

—	capacity of construction and energy sector

Evaluation of the capacities in the construction, energy efficiency and renewable energy sectors

Market barriers and failures (description):

—	administrative

—

financial

—

technical

—

awareness

—

other

Number of:

—	energy service companies

—	construction companies

—	architects and engineers

—	skilled workers

—	one-stop shops

—	SMEs in the construction/renovation sector

—	renewable energy communities and citizen-led renovation initiatives

Projections of the construction workforce:

—	retiring architects/engineers/skilled workers

—	architects/engineers/skilled workers entering the market

—	young people in the sector

—	women in the sector

Overview and forecast of the evolution of prices of construction materials and national market developments

Energy poverty (definition):

—	% of people affected by energy poverty

—	proportion of disposable household income spent on energy

—	population living in inadequate dwelling conditions (e.g. leaking roof) or with inadequate thermal comfort conditions

Primary energy factors:

—	per energy carrier

—	non-renewable primary energy factor

—	renewable primary energy factor

—	total primary energy factor

Definition of nearly-zero energy building for new and existing buildings

Overview of the legal and administrative framework

Cost-optimal minimum energy performance requirements for new and existing buildings

(b)	Roadmap for 2030, 2040, 2050

Targets for annual renovation rates: number and total floor area (m2):

—	per building type

—	worst-performing buildings

—	the 43 % worst-performing residential buildings

Information pursuant to Article 9(1):

—	criteria to exempt individual non-residential buildings

—	estimated share of exempted non-residential buildings

—	estimation of equivalent energy performance improvements due to exempted non-residential buildings

Targets for expected share (%) of renovated buildings:

—	per building type

—	per renovation depth

Targets for expected primary and final annual energy consumption (ktoe):

—	per building type

—	per end use

Expected energy savings:

—	per building type

Targets for the increase in the share of renewable energy in accordance with Article 15a of Directive (EU) 2018/2001

Numerical targets for the deployment of solar energy in buildings

Share of energy from renewable sources in the building sector (MW installed or GWh generated)

Targets for expected operational greenhouse gas emissions (kgCO2eq/(m2.y):

—	per building type

Targets for expected operational greenhouse gas emission reduction (%):

—	per building type

Split between emissions covered by Chapter III [stationary installations], Chapter IVa [emissions trading system for buildings, road transport and additional sectors] of Directive 2003/87/EC, and other stock;

Targets for expected whole-life-cycle greenhouse gas emission (kgCO2eq/(m2.y) in new buildings:

—	per building type

Expected wider benefits:

—	% reduction of people affected by energy poverty

—	Creation of new jobs

—	Increase in GDP (share and billion euros)

The Member State’s contribution to the Union’s energy efficiency targets in accordance with Article 4 of Directive (EU) 2023/1791 attributable to its building stock’s renovation (share and figure in ktoe)

The Member State’s contribution to the Union’s renewable energy targets in accordance with Directive (EU) 2018/2001 attributable to its building stock’s renovation (share, MW installed or GWh generated)

(c)	Overview of implemented and planned policies and measures

Policies and measures with regard to the following elements:

(a)	the identification of cost-effective approaches to renovation for different building types and climatic zones, considering potential relevant trigger points in the life cycle of the building;

(b)	national minimum energy performance standards pursuant to Article 9 and other policies and actions to target the worst-performing segments of the national building stock, including safeguards as referred to in Article 17(19);

(c)	the promotion of deep renovation of buildings, including staged deep renovation;

(d)	empowering and protecting vulnerable customers and the alleviation of energy poverty, including policies and measures pursuant to Article 24 of Directive (EU) 2023/1791, and housing affordability;

(e)	the creation of one-stop shops or similar mechanisms pursuant to Article 18 for the provision of technical, administrative and financial advice and assistance;

(f)	the decarbonisation of heating and cooling, including through district heating and cooling networks, and the phasing out of fossil fuels in heating and cooling with a view to a complete phasing out of fossil fuel boilers by 2040;

(g)	prevention and high-quality treatment of construction and demolition waste in accordance with Directive 2008/98/EC, in particular as regards the waste hierarchy, and the objectives of the circular economy;

(h)	the promotion of renewable energy sources in buildings in line with the indicative target for the share of energy from renewable sources in the building sector laid down in Article 15a(1) of Directive (EU) 2018/2001;

(i)	the deployment of solar energy installations on buildings;

(j)	the reduction of whole-life-cycle greenhouse gas emissions for the construction, renovation, operation and end of life of buildings, and the uptake of carbon removals;

(k)

the promotion of district and neighbourhood approaches and integrated renovation programmes at district level, which may address issues such as energy, mobility, green infrastructure, waste and water treatment and other aspects of urban planning and may take into account local and regional resources, circularity and sufficiency;

(l)	the improvement of buildings owned by public bodies, including policies and measures pursuant to Articles 5, 6 and 7 of Directive (EU) 2023/1791;

(m)	the promotion of smart technologies and infrastructure for sustainable mobility in buildings;

(n)	addressing market barriers and market failures;

(o)

addressing skills gaps and promoting education, targeted training, upskilling and reskilling in the construction sector and energy efficiency and renewable energy sectors (whether public or private), with a view to ensuring that there is a sufficient workforce with the appropriate level of skills corresponding to the needs in the building sector, with a special focus on the underrepresented groups;

(p)	awareness-raising campaigns and other advisory tools; and

(q)	promotion of modular and industrialised solutions for construction and building renovation.

For all policies and measures:

—	name of policy or measure

—	short description (precise scope, objective and conditions of operation)

—	quantified objective

—	type of policy or measure (such as legislative; economic; fiscal; training, awareness)

—	planned budget and funding sources

—	entities responsible for implementing the policy

—	expected impact

—	status of implementation

—	date of entry into force

—	implementation period

Policies and measures with regard to the following elements:

(a)	the increase in the climate resilience of buildings;

(b)	the promotion of the energy services market;

(c)	the increase in fire safety;

(d)	the increase in resilience against disaster risks, including risks related to intense seismic activity;

(e)	the removal of hazardous substances including asbestos;

(f)	accessibility for persons with disabilities;

(g)	the role of renewable energy communities and citizen energy communities in district and neighbourhood approaches;

(h)	addressing mismatches in human capacities; and

(i)	addressing the improvement of indoor environmental quality.

For all policies and measures:

—	administrative resources and capacities

—	area(s) covered

—	worst-performing

—	minimum energy performance standards

—	energy poverty, social housing

—	public buildings

—	residential (single-family, multi-family)

—	non-residential

—

industry

—	renewable energy sources

—	phasing out of fossil fuels in heating and cooling

—	whole-lifecycle greenhouse gas emissions

—	circular economy and waste

—	one-stop shops

—	renovation passports

—	smart technologies

—	sustainable mobility in buildings

—	district and neighbourhood approaches

—	skills, training

—	awareness campaigns and advisory tools

(d)	Outline of the investment needs, the budgetary sources and the administrative resources

—	total investment needs for 2030, 2040, 2050 (million EUR)

—	public investments (million EUR)

—	private investments (million EUR)

—	budgetary resources

(e)	Thresholds of new and renovated zero-emission buildings, referred to in Article 11

—	operational greenhouse gas emissions thresholds of new zero-emission buildings;

—	operational greenhouse gas emissions thresholds of renovated zero-emission buildings;

—	annual primary energy use thresholds of new zero-emission buildings;

—	annual primary energy use thresholds of renovated zero-emission buildings

(f)	Minimum energy performance standards for non-residential buildings

—	maximum energy performance thresholds, pursuant to Article 9(1)

(g)	National trajectory for the progressive renovation of the residential building stock

—	the national trajectory for the progressive renovation of the residential building stock, including the 2030 and 2035 milestones for average primary energy use in kWh/(m2.y), pursuant to Article 9(2)

ANNEX III

Calculation of life-cycle GWP of new buildings pursuant to Article 7(2)

For the calculation of the life-cycle GWP of new buildings pursuant to Article 7(2), the total life-cycle GWP is communicated as a numeric indicator for each life-cycle stage expressed as kgCO2eq/(m2) (of useful floor area) calculated over a reference study period of 50 years. The data selection, scenario definition and calculations shall be carried out in accordance with EN 15978 (EN 15978:2011 Sustainability of construction works. Assessment of environmental performance of buildings. Calculation method) and taking into account any subsequent standard relating to the sustainability of construction works and the calculation method for the assessment of environmental performance of buildings. The scope of building elements and technical equipment is as defined in the Level(s) common EU framework for indicator 1.2. Where a national calculation tool or method exists, or is required for making disclosures or for obtaining building permits, that tool or method may be used to provide the required disclosure. Other calculation tools or methods may be used if they fulfil the minimum criteria established by the Level(s) common EU framework. Data regarding specific construction products calculated in accordance with Regulation (EU) No 305/2011 of the European Parliament and of the Council (1) shall be used when available.

(1) Regulation (EU) No 305/2011 of the European Parliament and of the Council of 9 March 2011 laying down harmonised conditions for the marketing of construction products and repealing Council Directive 89/106/EEC (OJ L 88, 4.4.2011, p. 5).

ANNEX IV

Common general framework for rating the smart readiness of buildings

1.

The Commission shall establish the definition of the smart readiness indicator and a methodology by which it is to be calculated, in order to assess the capabilities of a building or building unit to adapt its operation to the needs of the occupant and of the grid and to improve its energy efficiency and overall performance.

The smart readiness indicator shall cover features for enhanced energy savings, benchmarking and flexibility, enhanced functionalities and capabilities resulting from more interconnected and intelligent devices.

The methodology shall take into account features such as the possible existence of a digital twin of the building.

The methodology shall take into account features such as smart meters, building automation and control systems, self-regulating devices for the regulation of indoor air temperature, built-in home appliances, recharging points for electric vehicles, energy storage and detailed functionalities and the interoperability of those features, as well as benefits for the indoor climate conditions, energy efficiency, performance levels and enabled flexibility.

2.

The methodology shall rely on the following key functionalities relating to the building and its technical building systems:

(a)	the ability to maintain energy performance and operation of the building through the adaptation of energy consumption for example through use of energy from renewable sources;

(b)	the ability to adapt its operation mode in response to the needs of the occupant while paying due attention to the availability of user-friendliness, maintaining healthy indoor climate conditions and the ability to report on energy use;

(c)

the flexibility of a building’s overall energy demand, including its ability to enable participation in active and passive as well as implicit and explicit demand response, through its energy storage and release of energy back to the grid, for example through flexibility and load shifting capacities; and

(d)	the ability to improve its energy efficiency and overall performance through the use of energy-saving technologies.

3.

The methodology may further take into account:

(a)	the interoperability between systems (smart meters, building automation and control systems, built-in home appliances, self-regulating devices for the regulation of indoor air temperature within the building and indoor air quality sensors and ventilations); and

(b)

the positive influence of existing communication networks, in particular the existence of high-speed-ready in-building physical infrastructure, such as the voluntary ‘broadband ready’ label, and the existence of an access point for buildings with multiple residential building units, in accordance with Article 8 of Directive 2014/61/EU of the European Parliament and of the Council (1).

4.

The methodology shall not negatively affect existing national energy performance certification schemes and shall build on related initiatives at national level, while taking into account the principle of occupant ownership, data protection, privacy and security, in compliance with relevant Union data protection and privacy law as well as best available techniques for cyber security.

5.

The methodology shall set out the most appropriate format of the smart readiness indicator parameter and shall be simple, transparent, and easily understandable for consumers, owners, investors and demand-response market participants.

(1) Directive 2014/61/EU of the European Parliament and of the Council of 15 May 2014 on measures to reduce the cost of deploying high-speed electronic communications networks (OJ L 155, 23.5.2014, p. 1).

ANNEX V

Template for energy performance certificates

(referred to in Article 19)

1.

On its front page, the energy performance certificate shall display at least the following elements:

(a)	the energy performance class;

(b)	the calculated annual primary energy use in kWh/(m2.y);

(c)	the calculated annual final energy use in kWh/(m2.y);

(d)	renewable energy produced on-site in % of energy use;

(e)	operational greenhouse gas emissions (kgCO2/(m2.y)), and the value of the life-cycle GWP, if available.

The energy performance certificate shall also display the following elements:

(a)	the calculated annual primary and final energy consumption in kWh or MWh;

(b)	renewable energy production in kWh or MWh; main energy carrier and type of renewable energy source;

(c)	the calculated energy needs in kWh/(m2.y);

(d)	a yes/no indication whether the building has a capacity to react to external signals and adjust the energy consumption;

(e)	a yes/no indication whether the heat distribution system inside the building is capable to work at low or more efficient temperature levels, where applicable;

(f)	the contact information of the relevant one-stop shop for renovation advice.

2.

In addition, the energy performance certificate may include the following indicators:

(a)	energy use, peak load, size of generator or system, main energy carrier and main type of element for each of the uses: heating, cooling, domestic hot water, ventilation and in-built lighting;

(b)	the greenhouse gas emission class (if applicable);

(c)	information on carbon removals associated to the temporary storage of carbon in or on buildings;

(d)	a yes/no indication whether a renovation passport is available for the building;

(e)	the average U-value for the opaque elements of the building envelope;

(f)	the average U-value for the transparent elements of the building envelope;

(g)	type of most common transparent element (e.g. double-glazed window);

(h)	results of the analysis on overheating risk (if available);

(i)	the presence of fixed sensors that monitor the indoor environmental quality;

(j)	the presence of fixed controls that respond to the levels of indoor environmental quality;

(k)	number and type of recharging points for electric vehicles;

(l)	presence, type and size of energy storage systems;

(m)	expected remaining lifespan of the heating or air-conditioning systems and appliances, where applicable;

(n)	feasibility of adapting the heating system to operate at more efficient temperature settings;

(o)	feasibility of adapting the domestic hot-water system to operate at more efficient temperature settings;

(p)	feasibility of adapting the air-conditioning system to operate at more efficient temperature settings;

(q)	metered energy consumption;

(r)	whether there is a connection to a district heating and cooling network, and, if available, information about a potential connection to an efficient district heating and cooling system;

(s)	local primary energy factors and related carbon emission factors of the connected local district heating and cooling network;

(t)	operational fine particulate matter (PM 2,5 ) emissions.

The energy performance certificate may include the following links with other initiatives if these apply in the relevant Member State:

(a)	a yes/no indication whether a smart readiness assessment has been carried out for the building;

(b)	where available, the value of the smart readiness assessment;

(c)	a yes/no indication whether a Digital Building Logbook is available for the building.

Persons with disabilities shall have equal access to the information in energy performance certificates.

ANNEX VI

Independent control systems for energy performance certificates

1.

Definition of a valid energy performance certificate

Member States shall provide a clear definition of what is considered to be a valid energy performance certificate.

The definition of a valid energy performance certificate shall ensure:

(a)	a validity check of the input data (including on-site checks) of the building used to issue the energy performance certificate and the results stated in the certificate;

(b)	the validity of the calculations;

(c)	a maximum deviation for the energy performance of a building, preferably expressed by the numeric indicator of primary energy use (kWh/(m2.y));

(d)	a minimum number of elements differing from default or standard values.

Member States may include additional elements in the definition of a valid energy performance certificate, such as maximum deviation for specific input data values.

2.

Quality of the independent control system for energy performance certificates

Member States shall provide a clear definition of the quality objectives and the level of statistical confidence that the energy performance certificate framework should achieve. The independent control system shall ensure at least 90 % of valid issued energy performance certificates with a statistical confidence of 95 % for the evaluated period, which shall not exceed one year.

The level of quality and the level of confidence of the independent control system for energy performance certificates shall be measured using random sampling and shall account for all elements provided in the definition of a valid energy performance certificate. Member States shall require third-party verification for the evaluation of at least 25 % of the random sample when the independent control systems have been delegated to non-governmental bodies.

The validity of the input data shall be verified with information provided by the independent expert. Such information may include product certificates, specifications or building plans that include details on the performance of the different elements included in the energy performance certificate.

The validity of the input data shall be verified by on-site visits, which may be carried out by virtual means, where appropriate in at least 10 % of the energy performance certificates that are part of the random sampling used to assess the overall quality of the scheme.

In addition to the minimum random sampling to determine the overall level of quality, Member States may use different strategies to specifically detect and target poor quality in energy performance certificates with the objective to improve the overall quality of the scheme. Such targeted analysis cannot be used as the basis to measure the overall quality of the scheme.

Member States shall deploy pre-emptive and reactive measures to ensure the quality of the overall energy performance certificate framework. Those measures may include additional training for independent experts, targeted sampling, obligation to re-submit energy performance certificates, proportional fines and temporary or permanent bans for experts.

Where information is added to a database it shall be possible for national authorities to identify the originator of the addition, for monitoring and verification purposes.

3.

Availability of energy performance certificates

The independent control system shall verify the availability of energy performance certificates to prospective buyers and tenants in order to ensure that it is possible to consider the energy performance of the building in their decision to buy or rent.

The independent control system shall verify the visibility of the energy performance indicator and class in advertising media.

4.

Treatment of building typologies

The independent control system shall account for different building typologies, particularly for building typologies that are most prevalent in the real estate market, such as single residential, multi-residential, offices or retail.

5.

Public disclosure

Member States shall regularly publish, on the national database on energy performance certificates, at least the following information on the quality system:

(a)	the definition of a valid energy performance certificate;

(b)	quality objectives for the energy performance certificate scheme;

(c)	results of the quality assessment, including number of certificates evaluated and relative size to the total number of issued certificates in the given period (per typology);

(d)	contingency measures to improve the overall quality of energy performance certificates.

ANNEX VII

Comparative methodology framework to identify cost-optimal levels of energy performance requirements for buildings and building elements

The comparative methodology framework shall enable Member States to determine the energy and emission performance of buildings and building elements and the economic aspects of measures relating to the energy and emission performance, and to link them with a view to identifying the cost-optimal level to achieve the 2030 emission reduction and climate neutrality goals, as well as a zero-emission building stock by 2050 at the latest.

The comparative methodology framework shall be accompanied by guidelines outlining how to apply that framework in the calculation of cost-optimal performance levels.

The comparative methodology framework shall allow for taking into account use patterns, outdoor climate conditions and their future changes according to best available climate projections, including heat and cold waves, investment costs, building category, maintenance and operating costs (including energy costs and savings), earnings from energy produced, where applicable, environmental and health externalities of energy use, waste management costs, where applicable, and technological developments. It should be based on relevant European standards relating to this Directive.

The Commission shall also provide:

—	guidelines to accompany the comparative methodology framework; those guidelines will serve to enable the Member States to undertake the steps listed below,

—	information on estimated long-term energy price developments.

For the application of the comparative methodology framework by Member States, general conditions, expressed by parameters, shall be laid down at Member State level. The Commission shall issue recommendations to Member States regarding their cost optimality levels, where relevant.

The comparative methodology framework shall require Member States to:

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

—	define energy efficiency measures to be assessed for the reference buildings. Those may be measures for individual buildings as a whole, for individual building elements, or for a combination of building elements,

—	assess the final and primary energy need and resulting emissions of the reference buildings with the defined energy efficiency measures applied,

—	calculate the costs (i.e. the net present value) of the energy efficiency measures (as referred to in the second indent) during the expected economic life cycle applied to the reference buildings (as referred to in the first indent) by applying the comparative methodology framework principles.

By calculating the costs of the energy efficiency measures during the expected economic life cycle, the cost-effectiveness of different levels of minimum energy performance requirements is assessed by the Member States. That will allow the determination of cost-optimal levels of energy performance requirements.

ANNEX VIII

Requirements for renovation passports

1.

The renovation passport shall include:

(a)	information on the current energy performance of the building;

(b)	a graphical representation or graphical representations of the roadmap and its steps for a staged deep renovation;

(c)	information on relevant national requirements such as minimum energy performance requirements for buildings, minimum energy performance standards and rules in the Member State on the phasing out of fossil-fuel used in buildings for heating and cooling, including application dates;

(d)	a succinct explanation on the optimal sequencing of steps;

(e)

information about each step, including:

(i)	the name and description of the renovation measures for the step, including relevant options for the technologies, techniques and materials to be used;

(ii)	the estimated energy savings in primary and final energy consumption, in kWh and in percentage improvement compared to the energy consumption prior to the step;

(iii)

the estimated reduction of operational greenhouse gas emissions;

(iv)	the estimated savings on the energy bill, clearly indicating the assumptions on energy costs used for the calculation;

(v)	the estimated energy performance class of the energy performance certificate to be achieved following completion of the step;

(f)	information about a potential connection to an efficient district heating and cooling system;

(g)	the share of individual or collective generation and self-consumption of renewable energy estimated to be achieved after the renovation;

(h)

general information on available options for improving construction products’ circularity and for reducing their whole-life-cycle greenhouse gas emissions, as well as wider benefits related to health and comfort, indoor environmental quality and the improved adaptive capacity of the building to climate change;

(i)	information on available funding and links to the relevant web pages indicating the sources of such funding;

(j)	information on technical advice and advisory services, including contact details and links to the web pages of one-stop shops.

2.

The renovation passport may include:

(a)	an indicative timing of the steps;

(b)

for each step:

(i)	a detailed description of the technologies, techniques and materials to be used, their advantages, disadvantages and costs;

(ii)

how the energy performance of the building would compare to minimum energy performance requirements for buildings undergoing major renovation, nearly zero-energy building and zero-emission building requirements after completion of the step and how the energy performance of the building elements replaced would compare to minimum energy performance requirements for single building elements, where these exist;

(iii)

the estimated costs for carrying out the step;

(iv)	the estimated payback period for the step, with and without any available financial support;

(v)	the estimated time needed to carry out the step;

(vi)	where available, the reference values on the life-cycle greenhouse gas emissions for the materials and equipment and links to the relevant web pages where they can be found;

(vii)

the estimated lifetime of measures and the estimated maintenance costs;

(c)

independent modules on:

(i)	the typical trades necessary or recommended for carrying out energy renovations (architects, advisors, contractors, suppliers and installer, etc.) or links to the relevant web pages;

(ii)	a list of relevant architects, advisors, contractors, suppliers or installers in the area, that may include only those fulfilling certain conditions such as matching higher qualification or certification labels or conditions, or links to the relevant web pages;

(iii)

the technical conditions needed for an optimal roll-out of low temperature heating;

(iv)	how the renovation steps and additional measures could improve the smart readiness of a building;

(v)	technical and safety requirements for materials and works;

(vi)	the underlying assumptions behind the calculations provided or links to the relevant web page where they can be found;

(d)	information on how to access a digital version of the renovation passport;

(e)

any major renovations made to the building or building unit, as referred to in Article 8(1), and any retrofitting or replacement of a building element that forms part of the building envelope and which has a significant impact on the energy performance of the building envelope, as referred to in Article 8(2), where such information is made available to the expert carrying out the renovation passport;

(f)	information related to seismic safety, where such information relevant to the building is made available to the expert;

(g)	upon request of and on the basis of information made available by the current building owner, an attachment containing additional information, such as the adaptability of spaces to evolving needs and any planned renovations.

3.

Regarding the status of the building prior to the renovation steps, the renovation passport shall consider, to the extent possible, information contained in the energy performance certificate.

4.

Each metric used for estimating the impact of steps shall be based on a set of standard conditions.

ANNEX IX

PART A

Repealed Directive with list of the successive amendments thereto

(referred to in Article 36)

Directive 2010/31/EU of the European Parliament and of the Council (OJ L 153, 18.6.2010, p. 13).
Directive (EU) 2018/844 of the European Parliament and of the Council (OJ L 156, 19.6.2018, p. 75).	only Article 1
Regulation (EU) 2018/1999 of the European Parliament and of the Council (OJ L 328, 21.12.2018, p. 1).	only Article 53

PART B

Time-limits for transposition into national law and dates of application

(referred to in Article 36)

Directive

Time-limit for transposition

Dates of application

2010/31/EU

9 July 2012

as far as Articles 2, 3, 9, 11, 12, 13, 17, 18, 20 and 27 are concerned, 9 January 2013;

as far as Articles 4 to 8, 14, 15 and 16 are concerned, 9 January 2013 with regard to buildings occupied by the public authorities and 9 July 2013 with regard to other buildings

(EU)

2018/844

10 March 2020

ANNEX X

Correlation table

Directive 2010/31/EU	This Directive
Article 1	Article 1
Article 2, point (1)	Article 2, point 1
—	Article 2, point (2)
Article 2, point (2)	Article 2, point (3)
—	Article 2, points (5) and (6)
Article 2, points (3), (3a), (4) and (5)	Article 2, points (7) to (10)
—	Article 2, points (12), (13) and (14)
Article 2, points (6), (7), (8) and (9)	Article 2, points (15) to (18)
—	Article 2, points (19) to (22)
Article 2, point (10)	Article 2, point (23)
—	Article 2, points (24) to (29)
Article 2, points (11), (12), (13) and (14)	Article 2, points (30) to (33)
—	Article 2, points (34), (37) to (40) and (42)
Article 2, point (15)	Article 2, point (42)
Article 2, points (15), (15a), (15b), (15c), (16) and (17)	Article 2, points (43), (44), (47) to (50)
Article 2, point (18)	—
Article 2, point (19)	Article 2, point (51)
—	Article 2, points (52) to (64)
Article 2, point (20)	—
Article 2a	Article 3
Article 3	Article 4
Article 4	Article 5
Article 5	Article 6
Articles 6 and 9	Article 7
Article 7	Article 8
—	Article 9
—	Article 12
Article 8(1), (9)	Article 13
Article 8(2) to (8)	Article 14
Article 8(10), (11)	Article 15
—	Article 16
Article 10	Article 17
Article 11	Article 19
Article 12	Article 20
Article 13	Article 21
—	Article 22
Articles 14 and 15	Article 23
Article 16	Article 24
Article 17	Article 25
—	Article 26
Article 18	Article 27
Article 19	Article 28
Article 19a	—
Article 20	Article 29
Article 21	Article 30
Article 22	Article 31
Article 23	Article 32
Article 26	Article 33
Article 27	Article 34
Article 28	Article 35
Article 29	Article 36
Article 30	Article 37
Article 31	Article 38
Annex I	Annex I
—	Annex II
—	Annex III
Annex IA	Annex IV
—	Annex V
Annex II	Annex VI
Annex III	Annex VII
Annex IV	Annex IX
Annex V	Annex X

ELI: http://data.europa.eu/eli/dir/2024/1275/oj

ISSN 1977-0677 (electronic edition)