Directive 2002/91 - Energy performance of buildings

Please note

This page contains a limited version of this dossier in the EU Monitor.

Contents

  1. Current status
  2. Key information
  3. Key dates
  4. Legislative text
  5. 32002L0091
  6. Original proposal
  7. Sources and disclaimer
  8. Full version
  9. EU Monitor

1.

Current status

This directive was in effect from January  4, 2003 until January 31, 2012 and should have been implemented in national regulation on January  4, 2006 at the latest.

2.

Key information

official title

Directive 2002/91/EC of the European Parliament and of the Council of 16 December 2002 on the energy performance of buildings
 
Legal instrument Directive
Number legal act Directive 2002/91
Original proposal COM(2001)226 EN
CELEX number86 32002L0091

3.

Key dates

Document 16-12-2002
Publication in Official Journal 04-01-2003; Special edition in Slovenian: Chapter 12 Volume 002,Special edition in Lithuanian: Chapter 12 Volume 002,Special edition in Romanian: Chapter 12 Volume 002,Special edition in Hungarian: Chapter 12 Volume 002,Special edition in Maltese: Chapter 12 Volume 002,Special edition in Polish: Chapter 12 Volume 002,Special edition in Bulgarian: Chapter 12 Volume 002,Special edition in Estonian: Chapter 12 Volume 002,OJ L 1, 4.1.2003,Special edition in Czech: Chapter 12 Volume 002,Special edition in Slovak: Chapter 12 Volume 002,Special edition in Latvian: Chapter 12 Volume 002
Effect 04-01-2003; Entry into force Date pub. See Art 16
End of validity 31-01-2012; Repealed by 32010L0031
Transposition 04-01-2006; At the latest See Art 15

4.

Legislative text

Avis juridique important

|

5.

32002L0091

Directive 2002/91/EC of the European Parliament and of the Council of 16 December 2002 on the energy performance of buildings

Official Journal L 001 , 04/01/2003 P. 0065 - 0071

Directive 2002/91/EC of the European Parliament and of the Council

of 16 December 2002

on the energy performance of buildings

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Article 175(1) thereof,

Having regard to the proposal from the Commission(1),

Having regard to the opinion of the Economic and Social Committee(2),

Having regard to the opinion of the Committee of the Regions(3),

Acting in accordance with the procedure laid down in Article 251 of the Treaty(4),

Whereas:

  • (1) 
    Article 6 of the Treaty requires environmental protection requirements to be integrated into the definition and implementation of Community policies and actions.
  • (2) 
    The natural resources, to the prudent and rational utilisation of which Article 174 of the Treaty refers, include oil products, natural gas and solid fuels, which are essential sources of energy but also the leading sources of carbon dioxide emissions.
  • (3) 
    Increased energy efficiency constitutes an important part of the package of policies and measures needed to comply with the Kyoto Protocol and should appear in any policy package to meet further commitments.
  • (4) 
    Demand management of energy is an important tool enabling the Community to influence the global energy market and hence the security of energy supply in the medium and long term.
  • (5) 
    In its conclusions of 30 May 2000 and of 5 December 2000, the Council endorsed the Commission's action plan on energy efficiency and requested specific measures in the building sector.
  • (6) 
    The residential and tertiary sector, the major part of which is buildings, accounts for more than 40 % of final energy consumption in the Community and is expanding, a trend which is bound to increase its energy consumption and hence also its carbon dioxide emissions.
  • (7) 
    Council Directive 93/76/EEC of 13 September 1993 to limit carbon dioxide emissions by improving energy efficiency (SAVE)(5), which requires Member States to develop, implement and report on programmes in the field of energy efficiency in the building sector, is now starting to show some important benefits. However, a complementary legal instrument is needed to lay down more concrete actions with a view to achieving the great unrealised potential for energy savings and reducing the large differences between Member States' results in this sector.
  • (8) 
    Council Directive 89/106/EEC of 21 December 1988 on the approximation of laws, regulations and administrative provisions of the Member States relating to construction products(6) requires construction works and their heating, cooling and ventilation installations to be designed and built in such a way that the amount of energy required in use will be low, having regard to the climatic conditions of the location and the occupants.
  • (9) 
    The measures further to improve the energy performance of buildings should take into account climatic and local conditions as well as indoor climate environment and cost-effectiveness. They should not contravene other essential requirements concerning buildings such as accessibility, prudence and the intended use of the building.
  • (10) 
    The energy performance of buildings should be calculated on the basis of a methodology, which may be differentiated at regional level, that includes, in addition to thermal insulation other factors that play an increasingly important role such as heating and air-conditioning installations, application of renewable energy sources and design of the building. A common approach to this process, carried out by...

More

This text has been adopted from EUR-Lex.

6.

Original proposal

 

7.

Sources and disclaimer

For further information you may want to consult the following sources that have been used to compile this dossier:

This dossier is compiled each night drawing from aforementioned sources through automated processes. We have invested a great deal in optimising the programming underlying these processes. However, we cannot guarantee the sources we draw our information from nor the resulting dossier are without fault.

 

8.

Full version

This page is also available in a full version containing de geconsolideerde versie, the legal context, de Europese rechtsgrond, other dossiers related to the dossier at hand and finally the related cases of the European Court of Justice.

The full version is available for registered users of the EU Monitor by ANP and PDC Informatie Architectuur.

9.

EU Monitor

The EU Monitor enables its users to keep track of the European process of lawmaking, focusing on the relevant dossiers. It automatically signals developments in your chosen topics of interest. Apologies to unregistered users, we can no longer add new users.This service will discontinue in the near future.

  • 1. 
    COM(2000)769 of 29 November 2000.

     
  • 2. 
    Tertiary includes offices, wholesale and retail trade, hotels, restaurants, schools, hospitals, sports halls, indoor swimming pools, etc. but excludes industrial buildings.

     
  • 3. 
    Mesures d'Utilisation Rationelle de l'Energie (MURE) Database, European Commission 1998.

     
  • 4. 
    COM(2000)88 final of 8 March 2000.

     
  • 5. 
    COM(2000)769 of 29 November 2000

     
  • 6. 
    Ibid

     
  • 7. 
    'Action Plan to improve Energy Efficiency in the European Community' COM(2000)247 final.

     
  • 8. 
    In this context, savings potential is generally defined in terms of investments in energy-efficient technology having a pay-back period of eight years or less, allowing a high rate of return compared to alternative investments, including investments in energy production.

     
  • 9. 
    "Mesures d'Utilisation Rationnelle de l'Energie (MURE)" Database, European Commission 1998. Op, Cit.

     
  • 10. 
    ECCP Progress Report (2000), europa.eu.int/comm/environment/climat/eccp/htm

     
  • 11. 
    COM(2000)769 of 29 November 2000. Op. Cit.

     
  • 12. 
    Council Resolution of 7 December 1998 on energy efficiency in the European Community (98/C 394/01).

     
  • 13. 
    Studies using the PRIMES model and Ecofys bottom-up approach indicate that the cost-effective potential for emission reduction could be between 130 Mt/year and 160 Mt/year, respectively.

     
  • 14. 
    Sciotech (1998), 'Electrical Heating and Cooling of Residential Dwellings', study financed by the SAVE Programme of the EC.

     
  • 15. 
    'Energy Consumption in Households', p.23. EUROSTAT 1999. The figures are indicative to the extent that insulation quality is not taken into account and methodology may vary somewhat between Member States. Complete data from Italy, Portugal and Spain are not yet available.

     
  • 16. 
    55W/m2 compared with 100 W/m2.

     
  • 17. 
    FhG-ISI (1999), A Comparison of Thermal Building Regulations in the European Union, MURE Database Case Study N° 1, Study carried out in the framework of the MURE project, financed by the SAVE Programme of the EC, www.mure2.com/Mr-fr5

     
  • 18. 
    Simplified calculation, not taking into account solar heat recovery, internal heat sources, ventilation losses; exclusion of heating system efficiencies or energy and insulation cost differences. In cases where several codes exist in the same Member State, only one code has been chosen. In some cases, regional codes are stricter than national codes.

     
  • 19. 
    COM(2000)279 final.

     
  • 20. 
    COM(2000)769 of 29 November 2000, Op. Cit.

     
  • 21. 
    'Energy for the Future: Renewable Sources of Energy', White Paper for a Community Strategy and Action Plan, COM(1997)599 final.

     
  • 22. 
    Eurostat

     
  • 23. 
    'Ex-ante Evaluation on the Impact of the Community Strategy and Action Plan for renewable Energy Sources', ALTENER Contract N° 4.1030/T/98-020.

     
  • 24. 
    In the city of Barcelona for example, under a special ordinance that came into effect on 1 August 2000, most new buildings will have to be fitted with solar panels unless it can be proved that a particular building cannot produce at least 25% of its hot water requirements from solar panels.

     
  • 25. 
    According to EUROSTAT, the EU average overall efficiency of CHP plants was in 1998 74,9% compared with an average conversion efficiency of 39,4 % in conventional power generation (CHP Statistics (1994-98) Draft Summary Report and EUROSTAT figures on conventional power generation in Commission Staff Working Paper 'Completing the internal energy market', SEC(2001)438).

     
  • 26. 
    European Cogeneration Review, July 1999.

     
  • 27. 
    IEA (2000), IEA Solar Heating and Cooling Study, SHC, Paris.

     
  • 28. 
    COM(2000)88 final. Op. Cit.

     
  • 29. 
    Commission Communication to the Council and the Parliament 'Preparing for implementation of the Kyoto Protocol' Com(1999)230.

     
  • 30. 
    Green Paper 'Towards a European strategy for the security of energy supply", COM(2000) 769. Op. Cit.

     
  • 31. 
    Council Conclusion 8835/00.

     
  • 32. 
    Council Conclusion 14000/00.

     
  • 33. 
    'Energy Consumption in Households 1999' EUROSTAT 1999. Op.cit. The investigated CEE countries have been Albania, Bulgaria, Czech Republic, Estonia, Hungary, Latvia, Lithuania, Romania, Slovak Republic, Slovenia and Poland.

     
  • 34. 
    Council Conclusion 8835/00 (30 May 2000) and Council Conclusion 14000/00 (5 December 2000).

     
  • 35. 
    OJ L 237, 22.09.1993, p. 28.

     
  • 36. 
    OJ L 40, 11.02.1989, p. 12.

     
  • 37. 
    OJ L 184, 17.07.1999, p. 23.

     
  • 38. 
    Tertiary includes offices, wholesale and retail trade, hotels, restaurants, schools, hospitals, sports halls, indoor swimming pools, etc. but excludes industrial buildings.

     
  • 39. 
    Tertiary includes offices, wholesale and retail trade, hotels, restaurants, schools, hospitals, sports halls, indoor swimming pools, etc. but excludes industrial buildings.

     
  • 40. 
    Tertiary includes offices, wholesale and retail trade, hotels, restaurants, schools, hospitals, sports halls, indoor swimming pools, etc. but excludes industrial buildings.

     
  • 41. 
    Tertiary includes offices, wholesale and retail trade, hotels, restaurants, schools, hospitals, sports halls, indoor swimming pools, etc. but excludes industrial buildings.

     
  • 42. 
    OJ L 297, 13.10.1992, p. 16.

     
  • 43. 
    Ibid

     
  • 44. 
    Tertiary includes offices, wholesale and retail trade, hotels, restaurants, schools, hospitals, sports halls, indoor swimming pools, etc. but excludes industrial buildings.

     
  • 45. 
    Mesures d'Utilisation Rationelle de l'Energie (MURE) Database, European Commission 1998.

     
  • 46. 
    COM(2000)88 final of 8 March 2000.

     
  • 47. 
    COM(2000)769 of 29 November 2000

     
  • 48. 
    Ibid

     
  • 49. 
    'Action Plan to improve Energy Efficiency in the European Community' COM(2000)247 final.

     
  • 50. 
    In this context, savings potential is generally defined in terms of investments in energy-efficient technology having a pay-back period of eight years or less, allowing a high rate of return compared to alternative investments, including investments in energy production.

     
  • 51. 
    "Mesures d'Utilisation Rationnelle de l'Energie (MURE)" Database, European Commission 1998. Op, Cit.

     
  • 52. 
    ECCP Progress Report (2000), europa.eu.int/comm/environment/climat/eccp/htm

     
  • 53. 
    COM(2000)769 of 29 November 2000. Op. Cit.

     
  • 54. 
    Council Resolution of 7 December 1998 on energy efficiency in the European Community (98/C 394/01).

     
  • 55. 
    Studies using the PRIMES model and Ecofys bottom-up approach indicate that the cost-effective potential for emission reduction could be between 130 Mt/year and 160 Mt/year, respectively.

     
  • 56. 
    Sciotech (1998), 'Electrical Heating and Cooling of Residential Dwellings', study financed by the SAVE Programme of the EC.

     
  • 57. 
    'Energy Consumption in Households', p.23. EUROSTAT 1999. The figures are indicative to the extent that insulation quality is not taken into account and methodology may vary somewhat between Member States. Complete data from Italy, Portugal and Spain are not yet available.

     
  • 58. 
    55W/m2 compared with 100 W/m2.

     
  • 59. 
    FhG-ISI (1999), A Comparison of Thermal Building Regulations in the European Union, MURE Database Case Study N° 1, Study carried out in the framework of the MURE project, financed by the SAVE Programme of the EC, www.mure2.com/Mr-fr5

     
  • 60. 
    Simplified calculation, not taking into account solar heat recovery, internal heat sources, ventilation losses; exclusion of heating system efficiencies or energy and insulation cost differences. In cases where several codes exist in the same Member State, only one code has been chosen. In some cases, regional codes are stricter than national codes.

     
  • 61. 
    COM(2000)279 final.

     
  • 62. 
    COM(2000)769 of 29 November 2000, Op. Cit.

     
  • 63. 
    'Energy for the Future: Renewable Sources of Energy', White Paper for a Community Strategy and Action Plan, COM(1997)599 final.

     
  • 64. 
    Eurostat

     
  • 65. 
    'Ex-ante Evaluation on the Impact of the Community Strategy and Action Plan for renewable Energy Sources', ALTENER Contract N° 4.1030/T/98-020.

     
  • 66. 
    In the city of Barcelona for example, under a special ordinance that came into effect on 1 August 2000, most new buildings will have to be fitted with solar panels unless it can be proved that a particular building cannot produce at least 25% of its hot water requirements from solar panels.

     
  • 67. 
    According to EUROSTAT, the EU average overall efficiency of CHP plants was in 1998 74,9% compared with an average conversion efficiency of 39,4 % in conventional power generation (CHP Statistics (1994-98) Draft Summary Report and EUROSTAT figures on conventional power generation in Commission Staff Working Paper 'Completing the internal energy market', SEC(2001)438).

     
  • 68. 
    European Cogeneration Review, July 1999.

     
  • 69. 
    IEA (2000), IEA Solar Heating and Cooling Study, SHC, Paris.

     
  • 70. 
    COM(2000)88 final. Op. Cit.

     
  • 71. 
    Commission Communication to the Council and the Parliament 'Preparing for implementation of the Kyoto Protocol' Com(1999)230.

     
  • 72. 
    Green Paper 'Towards a European strategy for the security of energy supply", COM(2000) 769. Op. Cit.

     
  • 73. 
    Council Conclusion 8835/00.

     
  • 74. 
    Council Conclusion 14000/00.

     
  • 75. 
    'Energy Consumption in Households 1999' EUROSTAT 1999. Op.cit. The investigated CEE countries have been Albania, Bulgaria, Czech Republic, Estonia, Hungary, Latvia, Lithuania, Romania, Slovak Republic, Slovenia and Poland.

     
  • 76. 
    Council Conclusion 8835/00 (30 May 2000) and Council Conclusion 14000/00 (5 December 2000).

     
  • 77. 
    OJ L 237, 22.09.1993, p. 28.

     
  • 78. 
    OJ L 40, 11.02.1989, p. 12.

     
  • 79. 
    OJ L 184, 17.07.1999, p. 23.

     
  • 80. 
    Tertiary includes offices, wholesale and retail trade, hotels, restaurants, schools, hospitals, sports halls, indoor swimming pools, etc. but excludes industrial buildings.

     
  • 81. 
    Tertiary includes offices, wholesale and retail trade, hotels, restaurants, schools, hospitals, sports halls, indoor swimming pools, etc. but excludes industrial buildings.

     
  • 82. 
    Tertiary includes offices, wholesale and retail trade, hotels, restaurants, schools, hospitals, sports halls, indoor swimming pools, etc. but excludes industrial buildings.

     
  • 83. 
    Tertiary includes offices, wholesale and retail trade, hotels, restaurants, schools, hospitals, sports halls, indoor swimming pools, etc. but excludes industrial buildings.

     
  • 84. 
    OJ L 297, 13.10.1992, p. 16.

     
  • 85. 
    Ibid

     
  • 86. 
    Deze databank van de Europese Unie biedt de mogelijkheid de actuele werkzaamheden (workflow) van de Europese instellingen (Europees Parlement, Raad, ESC, Comité van de Regio's, Europese Centrale Bank, Hof van Justitie enz.) te volgen. EURlex volgt alle voorstellen (zoals wetgevende en begrotingsdossiers) en mededelingen van de Commissie, vanaf het moment dat ze aan de Raad of het Europees Parlement worden voorgelegd.
     
  • 87. 
    EUR-lex provides an overview of the proposal, amendments, citations and legality.