191 Amendments of Jutta PAULUS related to 2021/0203(COD)
Amendment 81 #
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 and transport sectors. 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 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 and mobility poverty.
Amendment 84 #
Proposal for a directive
Recital 14 a (new)
Recital 14 a (new)
(14a) Recognising the particular challenge of the transport sector and the 30% of final energy consumption that it is responsible for within the Union, further efforts are required to apply the energy efficiency first principle that are aligned with the Commission recommendation C (2021)70141a that provides guidance on how to operationalise the energy efficiency first principle in transport policies. Furthermore, even with the fullest application by Member States of the energy efficiency first principle within the transport sector, there is still a strong potential that final energy consumption could increase across transport modes due to changes such as increased distances travelled or expansion of vehicle and vessel fleets. In order to avoid such a consequence there is the need to account for transport fuels under Union final energy consumption targets. _________________ 1aCommission Recommendation of 28.9.2021 on Energy Efficiency First: from principles to practice. Guidelines and examples for its implementation in decision-making in the energy sector and beyond
Amendment 86 #
Proposal for a directive
Recital 18
Recital 18
(18) This Directive is part of a broader policy framework of energy efficiency policies addressing energy efficiency potentials in specific policy areas, including buildings (Directive 2010/31/EC56 ), products (Directive 2009/125/EC, Regulation (EU) 2017/1369 and Regulation (EU) 2020/74057 ) and governance mechanism (Regulation (EU) 2018/1999). Those policies play a very important role in delivering energy savings when products are replaced or buildings constructed or renovated58 . Lack of knowledge about the potential for energy efficiency improvement, and the economic benefits that can result from such measures, is an important obstacle towards the wider deployment of energy efficient goods and services. While this lack of knowledge is addressed by EU legislation for some products and transport modes it is too limited and further efforts are needed, particularly within the heavy duty road freight, maritime and aviation sectors in order to provide businesses and final users with better information about the energy efficiency performance of different products, transport modes and services. _________________ 56Directive 2010/31/EC of the European Parliament and of the Council of 19 May 2010 on the energy performance of buildings. 57 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; Regulation (EU) 2017/1369 of the European Parliament and of the Council of 4 July 2017 setting a framework for energy labelling and Regulation (EU) 2020/740 of the European Parliament and of the Council of 25 May 2020 on the labelling of tyres with respect to fuel efficiency and other parameters respectively. 58Moreover, implementation of the product reviews under the Ecodesign Working Plan 2020-2024 and the “Renovation Wave” Action plan, together with the review of the EPBD, will make an important contribution to reaching the 2030 energy saving target.
Amendment 87 #
Proposal for a directive
Recital 18 a (new)
Recital 18 a (new)
(18a) In order to benefit from the considerable energy-saving potential within the transport sector, the Commission should accelerate and widen the extent to which Union legislation can assist Member States in developing labelling and standard product information on the consumption of energy of different transport modes and in turn incentivise operational measures, in particular within the heavy duty road freight, maritime and aviation sectors.
Amendment 91 #
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 9% results in 787 Mtoe and 1023 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, 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 national contributions to the Union´s target. Member States’ 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 climate 2030 targets is necessary and is provided for in Regulation (EU) 2018/1999. To reach its climate neutrality objective by 2050 at the latest, the Union will have to continue to improve energy efficiency beyond 2030 in order to provide predictability and confidence for all economic actors and government. The Commission should by 2025 make proposals for adequate post- 2030 Union and national energy efficiency targets including the transport sector. Such targets, like overall new Union greenhouse gas emissions targets, should be based on 5-year cycles, to reflect the international commitment taken at the COP26 in November 2021.
Amendment 100 #
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 . 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 and sustainable mobility, for example via sustainable energy action plans and Sustainable Urban Mobility 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. Further efforts are needed in the area of improving the energy efficiency of urban mobility, for both passenger and freight transport, as it uses around 40% of all road transport energy. There is a need for stronger measures to ensure that urban areas develop plans that address final energy consumption through energy efficiency. _________________ 65https://www.unfpa.org/world- population-trends 66 https://www.un.org/en/ecosoc/integration/p df/fact_sheet.pdf
Amendment 102 #
Proposal for a directive
Recital 34 a (new)
Recital 34 a (new)
(34a) As an effective single framework for tackling urban mobility energy consumption challenges, all European cities should develop a Sustainable Urban Mobility Plan (SUMP), which is a long- term, all-encompassing integrated freight and passenger mobility plan for the entire functional urban area1a. SUMPs include objectives, targets and indicators underpinning the current and future performance of the urban transport system, including objectives to reduce energy consumption and GHG emissions across transport modes, improve the efficiency of urban logistics, including urban freight delivery, while also addressing modal shift to low energy modes of transport such as cycling and walking and achieving a well-functioning, widely accessible public transport system. _________________ 1aThe SUMP concept was first proposed in the 2013 EU Urban mobility package (COM(2013)913 final, Annex I)
Amendment 112 #
Proposal for a directive
Recital 50
Recital 50
(50) When designing policy measures to fulfil the energy savings obligation, Member States should respect the climate and environmental standards and priorities of the Union and comply with the principle of ‘do no significant harm’ within the meaning of Regulation (EU) 2020/85271 . Member States should not promote activities that are not environmentally sustainable such as use of solid, liquid or gaseous fossil fuels. The energy savings obligation aims at strengthening the response to climate change by promoting incentives to Member States to implement a sustainable and clean policy mix, which is resilient, and mitigates climate change and is to help Member States align with the Glasgow Climate Pact in November 2021, where its Parties recognised that keeping the increase in the global average temperature to 1,5°C above pre-industrial levels would significantly reduce the risks and impacts of climate and that an acceleration in action in this critical decade is essential for closing the ambition gap with the 1,5°C target. Therefore, energy savings from policy measures regarding the use of direct fossil fuel combustion, or direct fossil fuel combustion in combination with an alternative energy source, will not be eligible energy savings under energy savings obligation as of transposition of this Directive. It will allow aligning the energy savings obligation with the objectives of the European Green Deal, the Climate Target Plan, the Renovation Wave Strategy, and mirror the need for action identified by the IEA in its net zero report72 . The restriction aims at encouraging Member States to spend public money into future-proof, sustainable technologies only. It is important that Member States provide a clear policy framework and investment certainty to market actors. The implementation of the calculation methodology under energy savings obligation should allow all market actors to adapt their technologies in a reasonable timeframe. Where Member States support the uptake of efficient fossil fuel technologies or early replacement of such technology, for example through subsidy schemes or energy efficiency obligation schemes, energy savings may not be eligible anymore under the energy savings obligation. While energy savings resulting, for example, from the promotion of natural gas-based cogeneration would not be eligible, the restriction would not apply for indirect fossil fuel usage, for example where the electricity production includes fossil fuel generation. Policy measures targeting behavioural changes to reduce the consumption of fossil fuel, for example through information campaigns, eco- driving, should remain eligible. The energy savings from policy measures targeting building renovations may contain measures such as a replacement of fossil fuel heating systems together with building fabric improvements, which should be limited to those technologies that allow achieving the required energy savings according to the national building codes established in a Member State. Nevertheless, Member States should promote upgrading heating systems as part of deep renovations in line with the long-term objective of carbon neutrality, i.e. reducing the heating demand and covering the remaining heating demand with a carbon-free energy source. _________________ 71 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. 13–43. 72IEA (International Energy Agency) (2021), Net Zero by 2050 A Roadmap for the Global Energy Sector, https://www.iea.org/reports/net-zero-by- 2050.
Amendment 116 #
Proposal for a directive
Recital 51
Recital 51
(51) Member States' energy efficiency improvement measures in transport are eligible to be taken into account for achieving their end-use energy savings obligation. Such measures include policies that are, inter alia, dedicated to promoting more efficient vehicles, including battery powered modes of transport, a modal shift to cycling, walking and, shared mobility, collective transport, urban e-logistics, or mobility and urban planning that reduces demand for transport and takes into account infrastructure needs, including charging stations. In addition, schemes which accelerate the uptake of new, more efficient vehicles or policies fostering a shift to fuels with reduced levels of emissions, except policy measures regarding the use of direct fossil fuel combustion and direct fossil fuel combustion in combination with an alternative energy source, that reduce energy use per kilometre or per transport work are also capable of being eligible, subject to compliance with the rules on materiality and additionality set out in Annex V to this Directive. Policy that supports operational measures to reduce energy use per kilometre or per transport work in road, maritime or aviation transport are also capable of being eligible, including speed limit policies, financial incentives and awareness raising schemes. Policy measures promoting the uptake of new fossil fuel vehicles, or those using hybrid technologies, should not qualify as eligible measures under the energy savings obligation.
Amendment 126 #
Proposal for a directive
Recital 68
Recital 68
(68) Lower consumer spending on energy and transport fuels should be achieved by assisting consumers in reducing their energy use by reducing the energy needs of buildings and improvements in the efficiency of appliances and transport modes, which should be combined with thea greater availability of low-energy transport modes integrated with public transport, cycling and cyclwalking. Member States should also consider improving connectivity in rural and remote areasimprove connectivity in rural and remote areas and prioritise measures that avoid unnecessary mobility and incentivise a shift away from private vehicle ownership and towards active mobility modes, public transportation and shared mobility.
Amendment 136 #
Proposal for a directive
Article 2 – paragraph 1 – point 4
Article 2 – paragraph 1 – point 4
(4) ‘primary energy consumption’ means gross available energy , excluding international maritime bunkers, final non- energy consumption and ambient heat ;
Amendment 137 #
Proposal for a directive
Article 2 – paragraph 1 – point 5
Article 2 – paragraph 1 – point 5
(5) ‘final energy consumption’ means all energy supplied to industry, transport (including energy consumption in international aviation and international maritime) , households, public and private services, agriculture , forestry and fishing and other end-users (final consumers of energy) . It excludes energy consumption in international maritime bunkers, ambient heat and deliveries to the transformation sector, and the energy sector and losses due to transmission and distribution (definitions in Annex A of Regulation (EC) No 1099/2008 apply) ;
Amendment 139 #
Proposal for a directive
Article 2 – paragraph 1 – point 28 a (new)
Article 2 – paragraph 1 – point 28 a (new)
(28a) ‘sustainable urban mobility plan’ (SUMP) means a document for strategic mobility planning, aiming at improving the accessibility to and mobility within the functional urban area (including commuting zones) for people, businesses and goods;
Amendment 141 #
Proposal for a directive
Article 2 – paragraph 1 – point 48 a (new)
Article 2 – paragraph 1 – point 48 a (new)
(48a) ‘mobility poverty’ means a household's inability to access an affordable, convenient, safe and clean mode of transportation that would allow for all essential socio-economic needs, including participation in society, to be met and can be caused by one or a combination of the following factors, depending on the national and local context: low household income, high public transport costs, a lack of mobility solutions, poor accessibility and location of mobility solutions, unavoidably long travel times and the poor performance of vehicles.
Amendment 146 #
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 improvements will need to be significantly raised from the current level of ambition of 32,5%. Furthermore, given the ongoing security crisis in Europe and surging energy prices, it is imperative to consider boosting the Fit for 55 proposals with higher or earlier targets for energy efficiency.
Amendment 147 #
Proposal for a directive
Recital 8
Recital 8
(8) The sum of national contributions communicated by Member States in their National Energy and Climate Plans (NECPs) falls short of the Union’s level of ambition of 32,5%. The contributions collectively would lead to a reduction of 29,4% for final energy consumption and 29,7% for primary energy consumption compared to the projections from the 2007 reference scenario for 2030. That would translate in a collective gap of 2,8 percentage points for primary energy consumption and 3,1 percentage points for final energy consumption for the EU 27. Moreover, it is notable that Member States collectively met the 2020 energy efficiency targets only due to the substantial drop in energy consumption in 2020, as a result of the COVID-19 pandemic. Calculations show that, in 2019, Member States were not on track to meeting the 2020 energy efficiency targets.
Amendment 154 #
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 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. Demand-side flexibility including consumer load participation- based upon consumers' consent and reward-should be considered. 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 158 #
Proposal for a directive
Article 5 – paragraph 5
Article 5 – paragraph 5
5. Member States shall encourage public bodies to consider life cycle carbon emissions of their public bodies’ investment and policy activities, where such a robust methodology is possible and appropriate.
Amendment 159 #
Proposal for a directive
Article 5 – paragraph 5 a (new)
Article 5 – paragraph 5 a (new)
5a. Member States shall ensure that the responsible public bodies overseeing urban areas with over 50,000 inhabitants establish Sustainable Urban Mobility Plans and incorporate the energy efficiency first principle within the objectives, targets and indicators set out within the plans and to incorporate measures that would reduce final energy consumption, avoid unnecessary transport where possible and encourage and support the use of the lowest energy consuming modes of transport such as walking, cycling, shared mobility and use of public transport.
Amendment 161 #
Proposal for a directive
Article 5 – paragraph 5 b (new)
Article 5 – paragraph 5 b (new)
5b. Member States shall apply the energy efficiency first principle referred to in Article 3 of this Directive and where possible consider a lifecycle carbon analysis when developing transport policy measures and public investments into large-scale transport infrastructure projects considering the impact of the project onto traffic flows and modal shift, as well as more energy efficient alternatives.
Amendment 162 #
5c. Member States shall encourage relevant public bodies to incentivise and support the uptake of urban e-logistics solutions for deliveries and logistic services, including through public procurement.
Amendment 162 #
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 . 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. Member States should take utmost account of this recommendation and be guided by it in implementing the energy efficiency principle in practice. The Commission should also adopt a delegated act with the aim of strengthening the governance system to ensure the fulfilment of the energy first principle, identifying the supervising European entity and specifying the monitoring and reporting procedures. _________________ 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 164 #
Proposal for a directive
Recital 14
Recital 14
(14) In order to have an impact, the energy efficiency first principle needs to be consistently applied by local, regional, national and sectoral decision makers in all relevant policy, planning and major investment decisions – that is to say large- scale investments with a value of more than 50 euro million each or 75 euro million for transport infrastructure projects – affecting energy consumptionaffecting energy consumption, transmission, distribution, storage or supply. The proper application of the principle requires using the right cost- benefit analysis methodology, setting enabling conditions for energy efficient solutions and proper monitoring. The cost- benefit analysis should always be based on the most up-to-date information on energy prices and include scenarios for rising prices, e.g. due to decreasing ETS allowances, in order to incentivise the application of energy efficiency measures. Demand side flexibility can bring significant benefits to consumers and to society at large, and can increase the efficiency of the energy system and decrease the energy costs, for example by reducing system operation costs resulting in lower tariffs for all consumers. Member States should take into account potential benefits from demand side flexibility in applying the energy efficiency first principle and where relevant consider demand response, energy storage, both at centralised and decentralised level, and smart solutions as part of their efforts to increase efficiency of the integrated energy system.
Amendment 169 #
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 1,52,0 % of annual final energy consumption, averaged over the three-year period prior to 1 January 2020.
Amendment 172 #
Proposal for a directive
Article 8 – paragraph 1 – point c – point i (new)
Article 8 – paragraph 1 – point c – point i (new)
i) 30% of the new savings set out in point c of this paragraph shall be achieved in the transport sector.
Amendment 174 #
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 and mobility poverty, 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 179 #
Proposal for a directive
Article 9 – paragraph 8
Article 9 – paragraph 8
8. Member States shall establish measurement, control and verification systems for carrying out documented verification on at least a statistically significant proportion and representative sample of the energy efficiency improvement measures put in place by the obligated parties. The measurement, control and verification shall be carried out independently of the obligated parties. Where an entity is an obligated party under a national energy efficiency obligation scheme under Article 9 and under the EU Emissions Trading System to buildings and road transport [COM(2021) 551 final, 2021/0211 (COD)96 ], the monitoring and verification system shall ensure that the carbon price passed through when releasing fuel for consumption [according to Article 1(21) of COM(2021) 551 final, 2021/0211 (COD)] shall be taken into account in the calculation and reporting of energy savings of the entity´s energy saving measures. _________________ 96 Proposal for a DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL amending Directive 2003/87/EC establishing a system for greenhouse gas emission allowance trading within the Union, Decision (EU) 2015/1814 concerning the establishment and operation of a market stability reserve for the Union greenhouse gas emission trading scheme and Regulation (EU) 2015/757, (Text with EEA relevance){SEC(2021) 551 final} - {SWD(2021) 557 final} - {SWD(2021) 601 final} -{SWD(2021) 602 final.
Amendment 180 #
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 1070TJ of energy over the previous three years and taking all energy carriers together, implement an energy management system by 31st December 2024. The energy management system shall be certified by an independent body according to the relevant European or International Standards.
Amendment 181 #
Proposal for a directive
Article 21 – paragraph 1 a (new)
Article 21 – paragraph 1 a (new)
1a. In order to ensure that final customers, final users, vulnerable customers and people affected by energy and mobility poverty are being provided with adequate knowledge about the potential for energy efficiency improvements and the economic benefits that can result from such measures, the Commission shall by 31 December 2023 make proposals, as appropriate, concerning developing labelling and standard product information of the consumption of energy of different transport modes, in particular within the heavy duty road freight, maritime and aviation sectors.
Amendment 184 #
Proposal for a directive
Article 22 – paragraph 3 – point a
Article 22 – paragraph 3 – point a
a) implement energy efficiency improvement measures to mitigate distributional effects from other policies and measures, such as taxation measures implemented according to Article 10 of this Directive, or the application of emission trading in the buildings and transport sector according to the ETS Directive [COM(2021) 551 final, 2021/0211 (COD)];
Amendment 185 #
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 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 and corresponds to a reduction of 36% for final and 39% for primary energy consumption respectively when compared to the 2007 Reference Scenario projections for 2030.
Amendment 190 #
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 920% results in 787691 Mtoe and 1023899 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%This corresponds to a reduction of 44% for final and 46% 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 and 2030 perspective, and Member States should establish their contributiontargets to the achievement of the Union’s energy efficiency target taking into accountby applying the formula provided in this Directive. Member States should be free to set their national objectivetargets 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 national contributions tobinding targets to the achievement of the Union´s target. Member States’ 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 197 #
Proposal for a directive
Article 28 – paragraph 3
Article 28 – paragraph 3
3. Member States shall adopt measures that ensure that energy efficiency lending products, such as green mortgages and green loans, secured and unsecured, and financial support to acquire or provide access to public transport and zero emissions modes of transport, are offered widely and in a non- discriminatory manner by financial institutions and, are visible and accessible to consumers. Member States shall adopt measures to facilitate the implementation of on-bill and on-tax financing schemes. Member States shall ensure that t banks and other financial institutions receive information on opportunities to participate in the financing of energy efficiency improvement measures , including through the creation of public/private partnerships.
Amendment 203 #
Proposal for a directive
Recital 31 a (new)
Recital 31 a (new)
(31a) Given the ongoing security crisis and the surge in energy prices, Member States should be incentivised to frontload investments in energy savings. For this purpose, a Member State that renovates more than 3% of the total floor area of their buildings in any given year during the 2024-2026 period should be given the possibility to count the surplus towards the annual renovation rate of any of the three following years. This possibility should not be used for purposes that are not in line with the general objectives and the level of ambition of this Directive.
Amendment 206 #
Proposal for a directive
Annex V – point 2 – point e
Annex V – point 2 – point e
Amendment 215 #
Proposal for a directive
Annex V – point 2 – point i a (new)
Annex V – point 2 – point i a (new)
(ia) Measures promoting the installation of renewable based energy technologies on maritime vessels, including wind and solar based technologies, shall be eligible to be taken into account for the fulfilment of energy savings required under Article 8, provided that they result in verifiable, and measurable or estimable, end-use energy savings. The calculation of energy savings shall comply with the requirements of this Annex;
Amendment 216 #
Proposal for a directive
Recital 38
Recital 38
(38) The European Green Deal recognises the role of circular economy in contributing to overall Union decarbonisation objectives. The public sector canshould contribute to those objectives by using their purchasing power to, where appropriate, choose environmentally friendly products, buildings, services and works via available tools for green public procurement, and thus making an important contribution to reduce energy consumption and environmental impacts.
Amendment 217 #
Proposal for a directive
Recital 39
Recital 39
(39) It is important that Member States provide the necessary support to public bodies in the uptake of energy efficiency requirements in public procurement and, where appropriate, use of green public procurement, by providing necessary guidelines and methodologies on carrying out the assessment of life-cycle costs, and environment impacts and costs. Well- designed tools, in particular digital tools, are expected to facilitate the procurement procedures and reduce the administrative costs especially in smaller Member States that may not have sufficient capacity to prepare tenders. In this regard, Member States should actively promote the use of digital tools and cooperation amongst contracting authorities including across borders for the purpose of exchanging best practice.
Amendment 219 #
Proposal for a directive
Annex V – point 2 – point k
Annex V – point 2 – point k
(k) for policies that accelerate the uptake of more efficient products and vehicles, except those regarding the use of direct fossil fuel combustion or those using hybrid technologies, full credit may be claimed, provided that it is shown that such uptake takes place before expiry of the average expected lifetime of the product or vehicle, or before the product or vehicle would usually be replaced, and the savings are claimed only for the period until end of the average expected lifetime of the product or vehicle to be replaced;
Amendment 219 #
Proposal for a directive
Recital 40
Recital 40
(40) Given that buildings are responsible for greenhouse gas emissions before and after their operational lifetime, Member States should also consider the whole life- cycle of carbon emissions of buildings. That takes place in the context of efforts to increase attention to whole life cycle performance, circular economy aspects and environmental impacts, as part of the exemplary role of the public sector. Public procurement can thus serve as an opportunity to address the embodied carbon in buildings over their life-cycle. In this regard, contracting authorities are important actors that canshould take action as part of procurement procedures by purchasing new buildings that address global warming potential over the full life- cycle.
Amendment 220 #
Proposal for a directive
Annex V – point 2 – point k a (new)
Annex V – point 2 – point k a (new)
(ka) for policies that accelerate modal shift from modes of transport that rely on direct fossil fuel combustion to those transport modes with the lowest energy consumption, such as walking, cycling and use of public transport, or avoid unnecessary transport, such as where remote working could avoid individual commuting, or have the effect of lowering speed limits, such as for road vehicle and maritime vessels, full credit may be claimed;
Amendment 220 #
Proposal for a directive
Recital 41
Recital 41
(41) The global warming potential over the full life-cycle measures the greenhouse gas emissions associated with the building at different stages along its life cycle. It therefore measures the building’s overall contribution to emissions that lead to climate change. That is sometimes referred to as a carbon footprint assessment or the whole life carbon measurement. It brings together carbon emissions embodied in building materials with direct and indirect carbon emissions from use stage. Buildings are a significant material bank, being repositories for carbon intensive resources over many decades, and so it is important to explore designs that facilitate future reuse and recycling at the end of the operational life. Member States should promote circularity, durability, and adaptability of building materials, in line with the circular economy action plan II, address the sustainability performance of construction products while setting a competitive and attractive cost, by using all the available financial instruments to incentivise the use of circular materials, including lower VAT rate and taxes.
Amendment 221 #
Proposal for a directive
Annex V – point 2 – point k b (new)
Annex V – point 2 – point k b (new)
(k b) any policies that would reduce final energy consumption by way of reducing the amount or capacity of public transport services will be exempt from claiming any credit.
Amendment 222 #
Proposal for a directive
Annex V – point 2 – point l
Annex V – point 2 – point l
(l) in promoting the uptake of energy efficiency measures, Member States shall, where relevant, ensure that labelling and quality standards for products, services, different transport modes and systems and installation of measures are maintained or introduced where such standards do not exist;
Amendment 224 #
Proposal for a directive
Annex V – point 5 – paragraph 1 – point b a (new)
Annex V – point 5 – paragraph 1 – point b a (new)
(ba) how to calculate changes in energy consumption where there is a replacement of fossil fuel usage with electrification in the transport sector.
Amendment 226 #
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 1,52,2% 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 230 #
(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, people affected by energy povertyenergy poor, vulnerable and low-income households 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, 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 and by supporting energy savings initiatives by renewable energy communities and citizen energy communities .
Amendment 246 #
Proposal for a directive
Recital 50
Recital 50
(50) When designing policy measures to fulfil the energy savings obligation, Member States should respect the climate and environmental standards and priorities of the Union and comply with the principle of ‘do no significant harm’ within the meaning of Regulation (EU) 2020/85271 . Member States should not promote activities that are not environmentally sustainable such as use of solid fossil fuels. The energy savings obligation aims at strengthening the response to climate change by promoting incentives to Member States to implement a sustainable and clean policy mix, which is resilient, and mitigates climate change. Therefore, energy savings from policy measures regarding the use of direct fossil fuel combustion will not be eligible energy savings under energy savings obligation as of transposition of this Directive. It will allow aligning the energy savings obligation with the objectives of the European Green Deal, the Climate Target Plan, the Renovation Wave Strategy, and mirror the need for action identified by the IEA in its net zero report72 . The restriction aims at encouraging Member States to spend public money into future-proof, sustainable technologies only. It is important that Member States provide a clear policy framework and investment certainty to market actors. The implementation of the calculation methodology under energy savings obligation should allow all market actors to adapt their technologies in a reasonable timeframe. Where Member States support the uptake of efficient fossil fuel technologies or early replacement of such technology, for example through subsidy schemes or energy efficiency obligation schemes, energy savings may not be eligible anymore under the energy savings obligation. While energy savings resulting, for example, from the promotion of natural gas-based cogeneration would not be eligible, the restriction would not apply for indirect fossil fuel usage, for example where the electricity production includes fossil fuel generation. Policy measures targeting behavioural changes to reduce the consumption of fossil fuel, for example through information campaigns, eco- driving, should remain eligible. The energy savings from policy measures targeting building renovations may contain measures such as a replacement of fossil fuel heating systems together with building fabric improvements, which should be limited to those technologies that allow achieving the required energy savings according to the national building codes established in a Member State. Nevertheless, Member States should promote upgrading heating systems as part of deep renovations in line with the long-term objective of carbon neutrality, i.e. reducing the heating demand and covering the remaining heating demand with a carbon-free energy source. _________________ 71 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. 13–43. 72 IEA (International Energy Agency) (2021), Net Zero by 2050 A Roadmap for the Global Energy Sector, https://www.iea.org/reports/net-zero-by- 2050.
Amendment 251 #
Proposal for a directive
Recital 51
Recital 51
(51) Member States' energy efficiency improvement measures in transport are eligible to be taken into account for achieving their end-use energy savings obligation. Such measures include policies that are, inter alia, dedicated to promoting more efficient vehicles, including battery powered modes of transport, a modal shift to cycling, walking and collective transport, or mobility and urban planning that reduces demand for transport. In addition, schemes which accelerate the uptake of new, more efficient vehicles or policies fostering a shift to fuels with reduced levels of greenhouse gas emissions, except policy measures regarding the use of direct fossil fuel combustion, that reduce energy use per kilometre are also capable of being eligible, subject to compliance with the rules on materiality and additionality set out in Annex V to this Directive. Policy measures promoting the uptake of new fossil fuel vehicles, or hybrid technologies involving fossil fuels should not qualify as eligible measures under the energy savings obligation.
Amendment 261 #
Proposal for a directive
Recital 54
Recital 54
(54) Member States and obligated parties should make use of all available means and technologies , except regarding the use of direct fossil fuel combustion technologies, to achieve the cumulative end-use energy savings required, including by promoting smart and sustainable technologies in efficient district heating and cooling systems, efficient heating and cooling infrastructure, efficient and smart buildings, electrical vehicles and industries and energy audits or equivalent management systems, provided that the energy savings claimed comply with the requirements laid down in Article 8 and Annex V to this Directive. Member States should aim for a high degree of flexibility in the design and implementation of alternative policy measures. Member States should encourage actions resulting in energy savings over the long lifetimeswhole lifecycle.
Amendment 277 #
Proposal for a directive
Recital 63
Recital 63
(63) To tap the energy savings potential in certain market segments where energy audits are generally not offered commercially (such as small and medium- sized enterprises (SMEs)), Member States should develop programmes to encourage and support SMEs to undergo energy audits and to implement recommendations from the energy audits, for example by setting up support schemes - such as energy audit centres for SMEs and micro- companies - to cover costs of an energy audit. Such centres could be based in universities, with a central database for collecting and communicating audit results. Energy audits should be mandatory and regular for largeall enterprises, as energy savings can be significant with an average annual consumption higher than 3.6 TJ, as energy savings can be significant. It is estimated that the economic potential of reducing final energy consumption for industry by 2030, compared to business as usual, is 23.5 % . Energy audits should take into account relevant European or International Standards, such as EN ISO 50001 (Energy Management Systems), or EN 16247-1 (Energy Audits), or, if including an energy audit, EN ISO 14000 (Environmental Management Systems) and thus be also in line with the provisions of Annex VI to this Directive as such provisions do not go beyond the requirements of these relevant standards. A specific European standard on energy audits is currently under development. Energy audits may be carried out on a stand-alone basis or be part of a broader environmental management system or an energy performance contract. In all such cases those systems should comply with the minimum requirements of Annex VI. In addition, specific mechanisms and schemes established to monitor emissions and fuel consumption by certain transport operators, for example under EU law the EU ETS, may be considered compatible with energy audits, including in energy management systems, if they comply with the minimum requirements set out in Annex VI.
Amendment 282 #
Proposal for a directive
Recital 63 a (new)
Recital 63 a (new)
(63a) Member States should ensure the mandatory nature of implementing the recommendations of energy audits by enterprises. The absence of the obligation to implement audit recommendations is a major reason why these recommendations are not inadequately taken into account by enterprises. Member States should identify a relevant national regulatory authority to monitor the implementation of audit recommendations by enterprises. Enterprises failing to implement recommendations within 36 months after the completion of the energy audit should pay the financial equivalent of the respective energy savings to the national efficiency fund.
Amendment 283 #
Proposal for a directive
Recital 64
Recital 64
(64) The enterprise’s average consumption should be the criterion to define the application of energy management systems and of energy audits in order to increase the sensitivity of those mechanisms in identifying relevant opportunities for cost-effective energy savings. Enterprises that are below the consumption thresholds defined for energy management systems and energy audits should be encouragsupported to undergo energy audits and to implement the recommendations resulting from those audits.
Amendment 287 #
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, 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 significmore than 100kW installed IT power demantd footprint, 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 unavoidable waste heat in nearby facilities and heat networks. A data centre sustainability indicator canshould 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 289 #
Proposal for a directive
Recital 67
Recital 67
(67) The data centre sustainability indicators canshould be used to measure foursix 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, the effectiveness of cooling, the effectiveness of carbon usage 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 optional formandatory for Member States. The Commission should assess the efficiency of datacentres based on the information communicated by Member States.
Amendment 292 #
Proposal for a directive
Recital 67 a (new)
Recital 67 a (new)
(67a) Member States should introduce, as of March 2024, a requirement for owners and operators of every data centre in their territory with an installed IT power demand equal to or greater than 1 MW to implement good practices stipulated in the most recent version of the European Code of Conduct on Data Centre Energy Efficiency, or in CEN- CENELEC document CLC TR50600-99-1 "Data centre facilities and infrastructures - Part 99-1: Recommended practices for energy management", until this is superseded by the subsequent EU legislative acts, establishing minimum performance standards of data centres located in Member States territory and defining a uniform measurement methodology.
Amendment 293 #
Proposal for a directive
Recital 67 b (new)
Recital 67 b (new)
(67b) By 2026, the Commission should submit a delegated act to establish the requirement for new data centres with more than 100 kW installed IT power demand to meet minimum performance standards by the time they start operation. This delegated act should also establish a timeframe within which the existing datacentres will be required to meet these minimum performance standards.
Amendment 296 #
Proposal for a directive
Recital 69
Recital 69
(69) It is crucial to raise the awareness of all Union citizens about the benefits of increased energy efficiency and to provide them with accurate information on the ways in which it can be achieved. Citizens of all ages should also be involved in the energy transition via the European Climate Pact and the Conference on the Future of Europe. Increased energy efficiency is also highly important for the security of energy supply of the Union through lowering its dependence on import of fuels from third countries.
Amendment 297 #
Proposal for a directive
Recital 69 a (new)
Recital 69 a (new)
(69a) Increased energy efficiency is also highly important for the security of energy supply of the Union through lowering its dependence on import of fuels from third countries. In the context of Russia’s military aggression in Ukraine, reducing the dependence on Russian energy sources is a strategic imperative for the Union. In 2021, Russia provided more than 40% of the EU’s total gas consumption, while 27% of the EU’s oil imports and 46% of coal imports came from Russia. Energy efficiency is the safest and most cost-efficient measure to address this dependency. Even with rapid growth of green electricity generation, the most sustainable energy supplies are those that are not used. Improvements in energy efficiency would mitigate the negative impact of high energy prices. Furthermore, the reduction of energy consumption would significantly curb revenues for third countries that use these revenues to fund military adventurism.
Amendment 298 #
Proposal for a directive
Recital 80
Recital 80
(80) High-efficiency cogeneration and efficient district heating and cooling have significant potential for saving primary energy in the Union. Member States should carry out a comprehensive assessment of the potential for high-efficiency cogeneration and efficient district heating and cooling. Those assessments should be based on baseline scenario leading to a fully renewable energy-based national heating and cooling sector within a timeframe compatible with the achievement of the climate neutrality objective and be coherent with the integrated national energy and climate plans and long term renovation strategies . New electricity generation installations and existing installations which are substantially refurbished or whose permit or licence is updated should, subject to a cost-benefit analysis showing a cost- benefit surplus, be equipped with high- efficiency cogeneration units to recover waste heat stemming from the production of electricity. Similarly, other facilities with substantial annual average energy input should be equipped with technical solutions to deploy unavoidable waste heat from the facility where the cost- benefit analysis shows a cost-benefit surplus. This waste heat could be transported where it is needed through district heating networks. The events that trigger a requirement for authorisation criteria to be applied will generally be events that also trigger requirements for permits under Directive 2010/75/EU of the European Parliament and of the Council76 and for authorisation under Directive (EU) 2019/944. _________________ 76 Directive 2010/75/EU of the European Parliament and of the Council of 24 November 2010 on industrial emissions (OJ L 334, 17.12.2010, p. 17).
Amendment 302 #
Proposal for a directive
Recital 84
Recital 84
(84) Requirements for efficient district heating and cooling should be consistent with long-term climate policy goals, the climate and environmental standards and priorities of the Union, and should comply with the principle of ‘do no significant harm’ within the meaning of Regulation (EU) 2020/85. All the district heating and cooling systems should aim for improved ability to interact with other parts of the energy system in order to optimise the use of energy and prevent energy waste by using the full potential of buildings to store heat or cold, including the unavoidable excess heat from service facilities and nearby data centres. For that reason, efficient district heating and cooling system should ensure the increase of primary energy efficiency and a progressive integration of renewable energy and unavoidable waste heat or cold. Therefore, this Directive introduces progressively stricter requirements for heating and cooling supply which should be applicable during specific established time periods and should be permanently applicable from 1 January 2050 onwards.
Amendment 304 #
Proposal for a directive
Recital 88
Recital 88
(88) Most Union businesses are SMEs. They represent an enormous energy saving potential for the Union. To help them adopt energy efficiency measures, Member States should establish a favourable framework aimed at providing SMEs with technical assistance and, targeted information and set up appropriate support schemes.
Amendment 306 #
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 Directiimplement an energy efficiency first approach at the local level by advancing energy efficiency at local or household level as well as in public buildings in collaboration with local authorities. 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. E, often combining such actions with investment in renewable energy. Energy communities also have a strong role to play in educating and increasing citizens' awareness of how they can undertake measures to achieve energy savings. If properly supported by Member States, energy communities can help fighting energy poverty through facilitation of energy efficiency projects, reduced energy consumption and lower supply tariffs. _________________ 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 319 #
Proposal for a directive
Recital 98 a (new)
Recital 98 a (new)
(98a) Long term behavioural changes in energy consumption can be achieved through the empowerment of citizens. Energy communities can help deliver long term energy savings, particularly among households, and an increase in sustainable investments from citizens and small businesses. Member States should empower such actions by citizens through support for community energy projects and organisations.
Amendment 323 #
Proposal for a directive
Recital 102
Recital 102
(102) It is necessary to continue developing the market for energy services to ensure the availability of both the demand for and the supply of energy services. Transparency, for example by means of lists of certified energy services providers and available model contracts, exchange of best practice and guidelines greatly contribute to the uptake of energy services and energy performance contracting and can also help stimulate demand and increase the trust in energy services providers . In an energy performance contract the beneficiary of the energy service avoids investment costs by using part of the financial value of energy savings to repay the investment fully or partially carried out by a third party. That can help attracting private capital which is key for increasing building renovation rates in the Union, bring expertise into the market and create innovative business models. Therefore, non-residential buildings with the useful floor area above 10500 m2 should be required to assess the feasibility of using energy performance contracting for renovation. That is a step ahead to increase the trust in energy services companies and pave the way for increasing such projects in the future.
Amendment 330 #
Proposal for a directive
Recital 118
Recital 118
(118) In order to be able to evaluate the effectiveness of this Directive, a requirement to conduct a general review of this Directive and to submit a report to the European Parliament and to the Council by 28 February 20276 should be laid down . That review should allow necessary alignments , also taking into account economic and innovation developments.
Amendment 344 #
Proposal for a directive
Article 1 – paragraph 1 – introductory part
Article 1 – paragraph 1 – introductory part
1. This Directive establishes a common framework of measures to prioritise and promote energy efficiency within the Union in order to ensure that the binding Union's target on energy efficiency is met and enables further energy efficiency improvements , enhancing the Union's contribution to the implementation of the Paris Agreement as well as the EU's energy independence.
Amendment 347 #
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, transmission, storage and use of energy. It also provides for the establishment of bindicativeng national energy efficiency contributiontargets for 2030.
Amendment 365 #
Proposal for a directive
Article 2 – paragraph 1 – point 5
Article 2 – paragraph 1 – point 5
(5) ‘final energy consumption’ means all energy supplied to industry, transport (including energy consumption in international aviation) , households, public and private services, agriculture , forestry and fishing and other end-users (final consumers of energy) . It excludes energy consumption in international maritime bunkers, ambient heat and deliveries to the transformation sector, and the energy sector and losses due to transmission and distribution (definitions in Annex A of Regulation (EC) No 1099/2008 apply) ;
Amendment 385 #
Proposal for a directive
Article 2 – paragraph 1 – point 45 a (new)
Article 2 – paragraph 1 – point 45 a (new)
(45a) ‘zero-emission data centre’ means data centre with a very high energy performance that only uses electricity from renewable sources produced at least 80% on-site;
Amendment 387 #
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 energystruggle linked to the non- affordability of basic energy supply needs and the lack of access of those services that underpin a decent standard of living and health, including adequate warmth, hot water, cooling, lighting, and energy to power appliances, in the relevant national context, existing social policy and other relevant policies; energy poverty can be caused by one or the combination of the following factors: low income, high energy expenditures and poor energy efficiency of homes;
Amendment 393 #
Proposal for a directive
Article 2 – paragraph 1 – point 50 a (new)
Article 2 – paragraph 1 – point 50 a (new)
(50a) ‘zero-emission building’ means a building with a very high energy performance, as defined in Article 2 of the Directive 2022/.../EU of the European Parliament and of the Council on the energy performance of buildings;
Amendment 394 #
Proposal for a directive
Article 2 – paragraph 1 – point 50 b (new)
Article 2 – paragraph 1 – point 50 b (new)
(50b) ‘tertiary buildings’ mean buildings solely occupied by public authorities, associations and companies providing public services such as education, health and social services;
Amendment 399 #
Proposal for a directive
Article 3 – paragraph 1 – introductory part
Article 3 – paragraph 1 – introductory part
1. In conformity with the energy efficiency first principle, Member States shall ensure that energy efficiency solutions are taken into utmost account in the planning, policy and major investment decisions related to the following sectors:
Amendment 404 #
Proposal for a directive
Article 3 – paragraph 1 – point b
Article 3 – paragraph 1 – point b
(b) non-energy sectors, where those sectors have an impact on energy consumption and energy efficiency, including, but not limited to, buildings, industry, transport, data centres and financial sectors.
Amendment 406 #
Proposal for a directive
Article 3 – paragraph 1 a (new)
Article 3 – paragraph 1 a (new)
1a. While implementing the energy first principle in practice, Member States shall be guided by the ‘Commission Recommendation on Energy Efficiency First: from principles to practice. Guidelines and examples for its implementation in decision-making in the energy sector and beyond.’
Amendment 408 #
Proposal for a directive
Article 3 – paragraph 3 – point -a (new)
Article 3 – paragraph 3 – point -a (new)
(-a) ensure that the energy efficiency first principle is applied as an overarching principle in policy, planning and investment decisions at all decision making levels, when energy demand or supply is affected;
Amendment 409 #
Proposal for a directive
Article 3 – paragraph 3 – point -a a (new)
Article 3 – paragraph 3 – point -a a (new)
(-aa) remove all barriers to the application of energy efficiency first principle in practice in each sector;
Amendment 411 #
Proposal for a directive
Article 3 – paragraph 3 – point a
Article 3 – paragraph 3 – point a
(a) promote and, where cost-benefit assessments are required, ensure the application of cost-benefit methodologies that allow proper assessment of wider benefits of energy efficiency solutions from the societal, environmental and security of supply perspectives;
Amendment 413 #
Proposal for a directive
Article 3 – paragraph 3 – point a a (new)
Article 3 – paragraph 3 – point a a (new)
Amendment 416 #
(c) report to the Commission, as part of the integrated national energy and climate progress reports in accordance with Article 17 of Regulation (EU) 2018/1999 on how the principle was taken into account in the national and regional planning, policy and major investment decisions related to the national and regional energy systems. and to non-energy sectors, where those sectors have impact on energy consumption and energy efficiency;
Amendment 418 #
Proposal for a directive
Article 3 – paragraph 3 – point c a (new)
Article 3 – paragraph 3 – point c a (new)
(ca) allocate sufficient resources for data collection, compilation of statistics and monitoring developments in energy efficiency, and make publicly available all relevant statistics that relates to monitoring of the progress of energy efficiency.
Amendment 419 #
Proposal for a directive
Article 3 – paragraph 3 – point c b (new)
Article 3 – paragraph 3 – point c b (new)
(cb) remove infrastructure investment barriers that hamper the efficient energy system integration, in particular, limits to invest in specific networks.
Amendment 420 #
Proposal for a directive
Article 3 – paragraph 3 a (new)
Article 3 – paragraph 3 a (new)
3a. No later than 6 months after [the entry in force of this Directive], the Commission shall adopt a delegated act on the governance system to ensure the fulfilment of the energy efficiency first principle, specifying the European entity that will be responsible for its supervision, the monitoring and reporting procedure that each Member State should follow.
Amendment 429 #
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 920 % in 2030 compared to the projections of the 2020 Reference Scenario so that the Union’s final energy consumption amounts to no more than 787691 Mtoe and the Union’s primary energy consumption amounts to no more than 1023899 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 433 #
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 contributiontargets for final and primary energy consumption to meet, collectively, the binding Union target set in paragraph 1 . Member States shall notify those contributions together withWhen setting the targets, Member States shall apply the formula defined in Annex I of this Directive and use its results. Each Member State shall set a linear trajectory to reach its binding national targets by 2030, which shall include at least two interim targets in 2025 and 2027. Member States shall notify those final and indicativeterim targets together with the linear trajectory for those contributiontargets 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 so, 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 445 #
Proposal for a directive
Article 4 – paragraph 2 – subparagraph -1 (new)
Article 4 – paragraph 2 – subparagraph -1 (new)
-1 The Commission shall review the national targets and the linear trajectories and assess if they are in line with achieving the 2030 Union's energy efficiency targets. If the Commission concludes that final and interim targets and the linear trajectories are insufficient, it shall notify the relevant Member State and request the revision of the targets and the trajectory. Member States shall revise the targets and the trajectory accordingly.
Amendment 448 #
Proposal for a directive
Article 4 – paragraph 2 – subparagraph 2 – introductory part
Article 4 – paragraph 2 – subparagraph 2 – introductory part
In setting those contributiontargets , Member States shall take into account:
Amendment 452 #
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 787691 Mtoe of final energy or no more than 1023899 Mtoe of primary energy consumption ;
Amendment 462 #
Proposal for a directive
Article 4 – paragraph 2 – subparagraph 2 – point e
Article 4 – paragraph 2 – subparagraph 2 – point e
Amendment 477 #
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 contributiontargets, 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 contributiontargets. Those additional measures shall include, but shall not be limited to, the following measures:
Amendment 482 #
Proposal for a directive
Article 4 – paragraph 3 – point d
Article 4 – paragraph 3 – point d
d. making a voluntary financial contribution to the National Energy Efficiency Fund referred to in Article 28 or another financing instrument dedicated to energy efficiency, where the annual financial contributions shall be equal to the investments required to reachieve the indicativeenergy savings needed to reach the linear trajectory.
Amendment 483 #
Proposal for a directive
Article 4 – paragraph 3 – point d a (new)
Article 4 – paragraph 3 – point d a (new)
da. setting more stringent measures than those required under [Article 9] of Directive 2022/.../EU of the European Parliament and of the Council on the energy performance of buildings, including establishing more stringent minimum energy performance standards, or establishing an earlier date of compliance for certain buildings’ typologies.
Amendment 485 #
Proposal for a directive
Article 4 – paragraph 3 – subparagraph 1
Article 4 – paragraph 3 – subparagraph 1
Where a Member State is above its lindicativeear trajectory and interim target referred to in paragraph 2 of this Article, it shall include in its integrated national energy and climate progress report pursuant to Article 17 of Regulation (EU) 2018/1999, an explanation of how it will covers the gap to ensure reaching its national energy efficiency contributions.
Amendment 500 #
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 503 #
Proposal for a directive
Article 5 – paragraph 1 – subparagraph 1 a (new)
Article 5 – paragraph 1 – subparagraph 1 a (new)
Energy savings from measures involving the use of fossil fuels shall not be eligible energy savings under this Article.
Amendment 508 #
Proposal for a directive
Article 5 – paragraph 3
Article 5 – paragraph 3
3. Member States shall ensure that regional and local authorities, establish specific energy efficiency measures in their decarbonisation plans after consulting relevant stakeholders, their energy agencies and the public, including the particular groups at risk of energy poverty or more susceptible to its effects, such as women, persons with disabilities, older persons, children, and persons with a minority racial or ethnic background. When designing energy efficiency measures in their decarbonisation plans, Member States shall avoid, or compensate for, negative direct or indirect effects of the energy efficiency measures implemented on energy poor and low- income households, women and other groups in vulnerable situations.
Amendment 513 #
Proposal for a directive
Article 5 – paragraph 4
Article 5 – paragraph 4
4. Member States shall support public bodies in the uptake of energy efficiency improvement measures, including at regional and local levels, by providing guidelines, promoting competence building and training opportunities and, encouraging cooperation amongst public bodies, their energy agencies and community-led initiatives, including renewable energy communities and citizen energy communities and setting up financial support schemes.
Amendment 519 #
Proposal for a directive
Article 5 – paragraph 5
Article 5 – paragraph 5
5. Member States shall encouraoblige public bodies to consider life cycle carbon emissions as well as economic, social and energy security benefits of their public bodies’ investment and policy activities.
Amendment 522 #
Proposal for a directive
Article 5 – paragraph 5 a (new)
Article 5 – paragraph 5 a (new)
5a. Member States shall support regional and local authorities and their energy agencies in developing renovation one-stop-shops providing technical and financial advice and solutions to households, through an integrated process.
Amendment 524 #
Proposal for a directive
Article 5 – paragraph 5 b (new)
Article 5 – paragraph 5 b (new)
5b. Member States shall ensure that local authorities of municipalities with over 20,000 inhabitants establish Sustainable Urban Mobility Plans and incorporate the energy efficiency first principle within the objectives, targets and indicators set out within the plans, while stipulating measures to reduce final energy consumption and avoid unnecessary transport where possible.
Amendment 537 #
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 or occupied by public bodies and of tertiary buildings is renovated each year to at least be transformed into nearly zero-energyzero-emission buildings in accordance with Article 9 of Directive 2010/31/EUDirective 2022/.../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 546 #
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 encouragesupport the building owner to renovate the building to a nearly zero-energyzero-emission building in accordance with Article 9 of Directive 2010/31/EUDirective 2022/.../EU of the European Parliament and of the Council on the energy performance of buildings or implement an energy management system or energy performance contract to maintain and improve the energy performance over time. When concluding a new contract for occupying a building they do not own, public bodies shall aim forensure that building to falls into the top two energy efficiency classes on the energy performance certificate.
Amendment 558 #
Proposal for a directive
Article 6 – paragraph 1 – subparagraph 2
Article 6 – paragraph 1 – subparagraph 2
The rate of at least 3% shall be calculated on the total floor area of buildings having a total useful floor area over 250 m2 owned or occupied by public bodies of the Member State concerned and of tertiary buildings and which , on 1 January 2024, are not nearly zero-energyzero-emission buildings .
Amendment 566 #
Proposal for a directive
Article 6 – paragraph 1 a (new)
Article 6 – paragraph 1 a (new)
1a. In order to front load energy savings and to incentivise early action, a Member State that renovates more than 3% of the total floor area of its buildings in any given year up to 31 December 2026 may count the surplus towards the annual renovation rate of any of the three following years.
Amendment 571 #
Proposal for a directive
Article 6 – paragraph 2
Article 6 – paragraph 2
Amendment 578 #
Proposal for a directive
Article 6 – paragraph 3 – introductory part
Article 6 – paragraph 3 – introductory part
3. For the purposes of this Article , Member States shall make publicly available an inventory of heated and/or cooled public bodies’buildings owned or occupied by public bodies and tertiary buildings with a total useful floor area of more than 250 m2. This inventory shall beWhere such inventories already exist at local and regional levels, Member States shall take appropriate measures to facilitate the data collection and processing activities related to these inventories. This inventory shall be set up by 15 March 2024 and updated at least once a year. The inventory shall contain at least the following data:
Amendment 582 #
Proposal for a directive
Article 6 – paragraph 3 – point a a (new)
Article 6 – paragraph 3 – point a a (new)
(aa) the energy intensity of the building given in kWh/(m²*y);
Amendment 585 #
Proposal for a directive
Article 6 – paragraph 3 – point b
Article 6 – paragraph 3 – point b
(b) the energy performance certificate of each building issued in accordance with Article 126 of Directive 2010/31/EU 22/.../EU of the European Parliament and of the Council on the energy performance of buildings.
Amendment 586 #
Proposal for a directive
Article 6 – paragraph 3 – point b a (new)
Article 6 – paragraph 3 – point b a (new)
(ba) the measured energy savings resulting from the renovation of public bodies’ buildings covered under this Article, where applicable;
Amendment 605 #
Proposal for a directive
Article 7 – paragraph 3
Article 7 – paragraph 3
3. Notwithstanding paragraph 4 of Article 26 of this Directive, Member States shall ensure that contracting authorities and contracting entities assess the feasibility of concludinge long-term energy performance contracts that provide long-term energy savings when procuring service contracts with significant energy content .
Amendment 609 #
Proposal for a directive
Article 7 – paragraph 5 – introductory part
Article 7 – paragraph 5 – introductory part
5. Member States mayshall require that contracting authorities and contracting entities take into account, where appropriate, wider sustainability, social, environmental and circular economy aspects in procurement practices with a view to achieving the Union’s decarbonisation and zero pollution objectives. Where appropriate, and iIn accordance with the requirements laid down in Annex IV, Member States shall require contracting authorities and contracting entities to take into account Union green public procurement criteria.
Amendment 611 #
Proposal for a directive
Article 7 – paragraph 5 – subparagraph 1
Article 7 – paragraph 5 – subparagraph 1
To ensure transparency in the application of energy efficiency requirements in the procurement process, Member States shall make publicly available information on the energy efficiency impact of contracts with a value equal to or greater than the thresholds referred to in paragraph 1. Contracting authorities may decide toshall require that tenderers to disclose information on the life cycle global warming potential of a new building and maya building to be renovated and shall make that information publically available for the contracts, in particular for new buildings having a floor area larger than 20050 square meters.
Amendment 625 #
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 1,52,2 % of annual final energy consumption, averaged over the three-year period prior to 1 January 2020.
Amendment 633 #
Proposal for a directive
Article 8 – paragraph 1 – point c – point i (new)
Article 8 – paragraph 1 – point c – point i (new)
i) 30% of the new savings set out in point c of this paragraph shall be achieved in the transport sector.
Amendment 634 #
Proposal for a directive
Article 8 – paragraph 1 – subparagraph 1
Article 8 – paragraph 1 – subparagraph 1
Member States shall decide how to phase the calculated quantity of new savings over each period referred to in points (a), (b) and (c) of the first subparagraph, including by frontloading energy savings at the beginning of each period, provided that the required total cumulative end-use energy savings have been achieved by the end of each obligation period.
Amendment 644 #
Proposal for a directive
Article 8 – paragraph 3 – subparagraph 1
Article 8 – paragraph 3 – subparagraph 1
In designing suchenergy efficiency obligation schemes and alternative policy measures, Member States shall consider and promopromote and facilitate the role of renewable energy communities and citizen energy communities in the contribution to the implementation towards these policy measures. The main elements of such support and their implementation, shall be part of the updates of the Member States' integrated national energy and climate plans and progress reports pursuant to Annex I of Regulation (EU) 2018/1999.
Amendment 647 #
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 povertyor, vulnerable customerand low-income households 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 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, vulnerable customers, low-income households 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 651 #
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 652 #
Proposal for a directive
Article 8 – paragraph 3 – subparagraph 2 – point c a (new)
Article 8 – paragraph 3 – subparagraph 2 – point c a (new)
c a) At-risk-of-poverty rate (Eurostat, SILC and ECHP surveys [ilc_li02]) (cut- off point: 60% of median equalized income after social transfers).
Amendment 667 #
Proposal for a directive
Article 8 – paragraph 11
Article 8 – paragraph 11
11. Member States shall notify the Commission with the amount of the required energy savings referred to in point (c) of the first subparagraph of paragraph 1 and paragraph 3 of this Article, a description of the policy measures to be implemented to achieve the required total amount of the cumulative end-use energy savings and their calculation methodologies pursuant to Annex V of this Directive, 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 pursuant to Articles 3 and 7 to 12 of Regulation (EU) 2018/1999. Calculations of the required amount of cumulative end-use energy savings from policy measures shall be transparent and supported by results from ex post evaluations pursuant to Annex V paragraph 6 of this Directive. Member States shall use the reporting template provided to the Member States by the Commission.
Amendment 668 #
Proposal for a directive
Article 8 – paragraph 11 a (new)
Article 8 – paragraph 11 a (new)
11 a. Member States shall ensure the best use of innovative digital technologies to measure real energy savings in terms of primary and final energy consumption, and to measure reduction of greenhouse gas emissions, as well as energy performance contracting and active energy efficiency measures.
Amendment 673 #
Proposal for a directive
Article 8 – paragraph 14 a (new)
Article 8 – paragraph 14 a (new)
14 a. Member States shall not count energy savings that result from the direct use of fossil fuels.
Amendment 674 #
Proposal for a directive
Article 8 – paragraph 14 b (new)
Article 8 – paragraph 14 b (new)
14 b. Member States shall carry out transparent ex-post evaluations of the energy savings from all policy measures under Article 8 at least once every five years. A representative and statistically significant sample of energy efficiency actions from each policy measure shall be evaluated using ex-post energy consumption data in accordance with Annex V paragraph 6 of this Directive.
Amendment 691 #
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 povertyor, vulnerable customerand low-income households and, where applicable, people living in social housing. Member States may 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 695 #
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 povertyor, vulnerable customerand low- income households 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 encouragetake all necessary measures to ensure that obligated parties to carry out actions such as renovation of buildings, including social housing, or replacement of appliances, including, but not limited to, financial support and incentives for energy efficiency improvement measures in conformity with national financing and support schemes, or energy audits.
Amendment 718 #
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 1008 TJ 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 727 #
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 103.6 TJ 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 732 #
Proposal for a directive
Article 11 – paragraph 2 – subparagraph 1
Article 11 – paragraph 2 – subparagraph 1
The results of the energy audits including the recommendations from these audits shall be transmitted to the management of the enterprise. Member States shall ensure that the results andimplementation of the recommendations is mandatory, in line with the minimum criteria set out in Annex VI. Member States shall ensure that recommendations and the results of the implemented recommendations are published in the enterprise’s annual report, where applicable and easily accessible on the enterprise's website.
Amendment 736 #
Proposal for a directive
Article 11 – paragraph 2 – subparagraph 1 a (new)
Article 11 – paragraph 2 – subparagraph 1 a (new)
Relevant national regulatory authorities shall monitor the implementation of audit recommendations by enterprises. Enterprises choosing not to implement energy audit recommendations within 36 months after the completion of the energy audit shall pay the financial equivalent of the respective energy savings to the national efficiency fund.
Amendment 737 #
Proposal for a directive
Article 11 – paragraph 2 – subparagraph 1 b (new)
Article 11 – paragraph 2 – subparagraph 1 b (new)
Amendment 738 #
Proposal for a directive
Article 11 – paragraph 2 a (new)
Article 11 – paragraph 2 a (new)
2 a. Member States shall ensure that all eligible public and private companies provide the following information in its annual report and by digital means such as through its website: a. information on the yearly energy consumption in kWh; b. information on the yearly volume of water consumed in cubic metres; c. comparisons of the yearly energy and water consumption with previous years of the same facility; d. (if relevant) information on the outcome of the energy audit and the implementation of measures.
Amendment 739 #
Proposal for a directive
Article 11 – paragraph 3 – subparagraph 1
Article 11 – paragraph 3 – subparagraph 1
The energy audits referred to in the first subparagraph may be carried out by in- house experts or energy auditors provided that the Member State concerned has put in place safeguards to ensure their ability to carry out audits in an independent manner as well as a scheme to assure and check their quality, including, if appropriate, an annual random selection of at least a statistically significant percentage of all the energy audits they carry out.
Amendment 742 #
Proposal for a directive
Article 11 – paragraph 4 – introductory part
Article 11 – paragraph 4 – introductory part
4. Member States shall develop programmes to encourage SMEs that are not subject to paragraph 1 or 2 to undergo energy audits and the subsequent implementation of the recommendations from these audits respecting the minimum criteria set out in Annex VI.
Amendment 744 #
Proposal for a directive
Article 11 – paragraph 4 – subparagraph 1
Article 11 – paragraph 4 – subparagraph 1
On the basis of transparent and non- discriminatory criteria and without prejudice to Union State aid law, Member States may set upshall set up energy audit centres for SMEs and micro companies to provide free or highly subsidised energy audits to SMEs, as well as other support schemes for SMEs, including if they have concluded voluntary agreements, to cover costs of an energy audit and of the implementation of highly cost-effective recommendations from the energy audits, if the proposed measures are implemented.
Amendment 746 #
Proposal for a directive
Article 11 – paragraph 4 a (new)
Article 11 – paragraph 4 a (new)
4 a. Member States shall support training programmes for the qualification of energy auditors in order to facilitate sufficient availability of experts. In view of promoting a higher degree of women participating in the energy sector, Member States shall promote gender balance among accredited experts.
Amendment 748 #
Proposal for a directive
Article 11 – paragraph 5
Article 11 – paragraph 5
5. Member States shall develop programmes to encourage non-SMEs that are not subject to paragraph 1 or 2 to undergo energy audits and the subsequent implementation of the recommendations from these audits respecting the minimum criteria set out in Annex VI.
Amendment 750 #
Proposal for a directive
Article 11 – paragraph 7
Article 11 – paragraph 7
7. Enterprises that implement an energy performance contract shall be exempted from the requirements of paragraphs 1 and 2 provided that the energy performance contract covers the necessary elements of the energy management system and complies with the requirements set out in Annex XIV.
Amendment 763 #
Proposal for a directive
Article 11 a (new)
Article 11 a (new)
Amendment 768 #
Proposal for a directive
Article 13 – paragraph 1
Article 13 – paragraph 1
1. Member States shall ensure that, for individual heating, district heating, district cooling and domestic hot water, final customers are provided with competitively priced meters that accurately reflect their actual energy consumption. Meters and sub-meters shall display energy consumption in logical and human readable form.
Amendment 780 #
Proposal for a directive
Article 20 – paragraph 3 a (new)
Article 20 – paragraph 3 a (new)
3 a. Suppliers shall provide final customers with transparent information on applicable prices and tariffs and on standard terms and conditions, in respect of access to and use of heating, cooling and domestic hot water services.
Amendment 784 #
Proposal for a directive
Article 20 – paragraph 7 a (new)
Article 20 – paragraph 7 a (new)
7 a. Member States may introduce punitive damages to be claimed by final customers from heating, cooling or domestic hot water suppliers for breaches of these provisions, subject to the national legal framework.
Amendment 785 #
Proposal for a directive
Article 20 – paragraph 7 b (new)
Article 20 – paragraph 7 b (new)
Amendment 786 #
Proposal for a directive
Article 20 – paragraph 7 c (new)
Article 20 – paragraph 7 c (new)
7 c. Competent authorities responsible for enforcing the consumer protection measures shall be granted the powers to impose effective, proportionate and dissuasive penalties on undertakings not complying with their obligations under this Directive, or any relevant legally binding decisions of the competent authority, or to propose that a competent court impose such penalties, including the power to impose or propose the imposition of penalties of up to 10 % of the annual turnover of the undertaking or of up to 10 % of the annual turnover of the vertically integrated undertaking on the vertically integrated undertaking, as the case may be, for non-compliance with their respective obligations pursuant to this Directive.
Amendment 787 #
Proposal for a directive
Article 20 – paragraph 7 d (new)
Article 20 – paragraph 7 d (new)
7 d. The revenues from penalties referred to in Article 20(7c) shall be exclusively used for the implementation of energy efficiency measures for energy poor and vulnerable consumers and can be directed to the national energy efficiency fund or another financing instrument dedicated to energy efficiency.
Amendment 790 #
Proposal for a directive
Article 21 – paragraph 2 – subparagraph 1 – point ii a (new)
Article 21 – paragraph 2 – subparagraph 1 – point ii a (new)
(ii a) availability of publicly-supported energy audits and advisory services for household consumers, in particular vulnerable customers, people affected by energy poverty and, where applicable, people living in social housing;
Amendment 795 #
Proposal for a directive
Article 21 – paragraph 2 – subparagraph 2 – point i
Article 21 – paragraph 2 – subparagraph 2 – point i
(i) creation of one-stop shops or similar mechanisms for the provision of technical, administrative and financial advice and assistance on energy efficiency, including energy renovations of buildings and the take-up of renewable energy and energy storage for buildings to final customers and final users, especially household and small non- household ones.
Amendment 805 #
Proposal for a directive
Article 22 – paragraph 1 – introductory part
Article 22 – paragraph 1 – introductory part
1. Member States shall take appropriate measures to empower and protect people affected by energy poverty, vulnerable customers and low- income households and, where applicable, people living in social housing.
Amendment 806 #
Proposal for a directive
Article 22 – paragraph 2
Article 22 – paragraph 2
2. Member States shall implement energy efficiency improvement measures and related consumer protection or information measures, in particular those set out in Article 21 and Article 8(3), as a priority among people affected by energy poverty, vulnerable customers, low-income households and, where applicable, people living in social housing to alleviate energy poverty. Member States shall introduce proper monitoring and evaluation instruments to ensure that people at risk of energy poverty are supported by energy efficiency improvement measures.
Amendment 811 #
Proposal for a directive
Article 22 – paragraph 3 – introductory part
Article 22 – paragraph 3 – introductory part
3. To support vulnerable customers, people affected by energy poverty, low- income households and, where applicable, people living in social housing, Member States shall:
Amendment 812 #
Proposal for a directive
Article 22 – paragraph 3 – point a
Article 22 – paragraph 3 – point a
a) implement energy efficiency improvement measures to mitigate distributional effects from other policies and measures, such as taxation measures implemented according to Article 10 of this Directive, or the application of emission trading in the buildings and transport sector according to the ETS Directive [COM(2021) 551 final, 2021/0211 (COD)];
Amendment 818 #
Proposal for a directive
Article 22 – paragraph 3 – point d
Article 22 – paragraph 3 – point d
d) foster technical assistance and the roll-out of enablingthat facilitates the exchange of best practices on reforms of the regulatory frameworks like property and rental laws, or the regulation of the provision of energy efficiency services by energy suppliers, in order to enable the roll-out of funding and financial tools, such as on-bill schemes, local loan- loss reserve, guarantee funds, funds targeting deep renovations and renovations with minimum energy gains;
Amendment 820 #
Proposal for a directive
Article 22 – paragraph 3 – point f a (new)
Article 22 – paragraph 3 – point f a (new)
f a) foster the development of one-stop shop renovation services in cooperation with local and regional authorities, and where they exist, their energy agencies.
Amendment 821 #
Proposal for a directive
Article 22 – paragraph 4 – introductory part
Article 22 – paragraph 4 – introductory part
4. Member States shall establish a network of experts from various sectors such as health sector, building sector and social sectors, including local and regional energy agencies, to develop strategies to support local and national decision makers in implementing energy efficiency improvement measures alleviating energy poverty, measures to generate robust long term solutions to mitigate energy poverty and to develop appropriate technical assistance and financial tools. Member States shall strive to ensure a network of experts’ composition that ensures gender balance and reflects the perspectives of people in all their diversity.
Amendment 825 #
Proposal for a directive
Article 22 – paragraph 4 – subparagraph 1 – introductory part
Article 22 – paragraph 4 – subparagraph 1 – introductory part
Member States may entrusshall support the same network of experts:
Amendment 829 #
Proposal for a directive
Article 22 – paragraph 4 – subparagraph 1 – point d a (new)
Article 22 – paragraph 4 – subparagraph 1 – point d a (new)
d a) to upscale and/or replicate one- stop shops services for energy poor, vulnerable and low-income households.
Amendment 831 #
Proposal for a directive
Article 23 – paragraph 1
Article 23 – paragraph 1
1. As part of its integrated national energy and climate plan, its subsequent integrated national energy and climate plan and respective progress reports notified in accordance with Regulation (EU) 2018/1999, each Member State shall notify to the Commission a comprehensive heating and cooling assessment which includes the mapping of areas identified for new heating and cooling networks. That comprehensive assessment shall contain the information set out in Annex IX and shall be accompanied with the assessment carried out pursuant to Article 15(7) of Directive (EU) 2018/2001. Member States shall ensure that the comprehensive assessment is based on a baseline scenario outlining the phase-out of fossil fuels and leading to a fully renewable energy-based national heating and cooling sector within a timeframe compatible with the achievement of the climate neutrality objective by at the latest.
Amendment 846 #
Proposal for a directive
Article 23 – paragraph 5
Article 23 – paragraph 5
5. Member States shall adopt policies and measures which ensure that the potential identified in the comprehensive assessments carried out pursuant to paragraph 1 is realisedand in line with the objective of achieving climate neutrality and the phase out of fossil fuels in heating and cooling with a view to a complete phase- out of coal by 2030 at the latest and fossil gas by 2035 at the latest. These policies and measures shall include at least the elements set out in Annex IX. Each Member State shall notify those policies and measures as part of the update of its integrated national energy and climate plans, its subsequent integrated national energy and climate plan, and respective progress reports notified in accordance with Regulation (EU) 2018/1999.
Amendment 848 #
6. Member States shall encouragsure regional and local authorities to prepare local heating and cooling plans at least in municipalities having a total population higher than 520.000. Those plans should at least:
Amendment 849 #
Proposal for a directive
Article 23 – paragraph 6 – point -a (new)
Article 23 – paragraph 6 – point -a (new)
(-a) be fully compliant with the energy efficiency first principle;
Amendment 851 #
Proposal for a directive
Article 23 – paragraph 6 – point a
Article 23 – paragraph 6 – point a
(a) be based on the information and data provided in the comprehensive assessments carried out pursuant to paragraph 1 and provide an estimate and mapping of the potential for increasing energy efficiency and savings, including via unavoidable waste heat recovery, and renewable energy in heating and cooling in that particular area, in line with the objective of achieving climate neutrality and the phase out of fossil fuels in heating and cooling with a view to a complete phase-out of coal by 2030 at the latest and fossil gas by 2035 at the latest;
Amendment 859 #
Proposal for a directive
Article 23 – paragraph 6 – point e
Article 23 – paragraph 6 – point e
(e) include a linear trajectory with reference points to achieve the goals of the plans in line with climate neutrality and the monitoring of the progress of implementation of policies and measures identified.;
Amendment 861 #
Proposal for a directive
Article 23 – paragraph 6 – point e a (new)
Article 23 – paragraph 6 – point e a (new)
(e a) assess how renewable energy communities and other consumer-led initiatives can actively contribute to the implementation of local heating and cooling projects;
Amendment 862 #
Proposal for a directive
Article 23 – paragraph 6 – point e b (new)
Article 23 – paragraph 6 – point e b (new)
(e b) include a strategy to empower and protect energy poor, vulnerable and low- income households and, where applicable, people living in social housing, pursuant to Article 22 of this Directive;
Amendment 864 #
Proposal for a directive
Article 23 – paragraph 6 – point e c (new)
Article 23 – paragraph 6 – point e c (new)
(e c) assess how to finance the implementation of policies and measures identified and foresee financial mechanisms allowing consumers to shift to renewable heating and cooling;
Amendment 865 #
Proposal for a directive
Article 23 – paragraph 6 – subparagraph 1
Article 23 – paragraph 6 – subparagraph 1
Member States shall ensure that the public is given the opportunity to participate the preparation of heating and cooling plans, the comprehensive assessment and the policies and measures. The role of the public shall also be supported in the implementation of plans, including through collective or consumer ownership by renewable energy communities, self- consumption of renewables, and online tools such as heat maps that can help direct local actions to improve energy efficiency in households.
Amendment 871 #
Proposal for a directive
Article 23 – paragraph 6 a (new)
Article 23 – paragraph 6 a (new)
6 a. Implementation of local heating and cooling plans shall be verified and assessed by a competent authority. Where implementation is deemed to be insufficient, based on the linear trajectory with reference points and the monitoring pursuant to paragraph 6(e), the competent authority shall propose measures to close the implementation gap.
Amendment 875 #
Proposal for a directive
Article 24 – paragraph 1 – introductory part
Article 24 – paragraph 1 – introductory part
1. In order to increase primary energy efficiency and the share of renewable energy in heating and cooling supply, an efficient district heating and cooling system is a system which meets the following criteria, related to total output (heat/cold and, where applicable, electricity):
Amendment 878 #
Proposal for a directive
Article 24 – paragraph 1 – point a
Article 24 – paragraph 1 – point a
a. until 31 December 2025, a system using at least 50% renewable energy, 50% waste heat, 75% cogenlways equal or more renewable energy technologies than fossil fuelled individual generation energy technologies or alternated heat or 50% of a combination of such energy and heatively, until 31 December 2025, a system emitting no more than 100 g CO2eq/kWh;
Amendment 888 #
Proposal for a directive
Article 24 – paragraph 1 – point b
Article 24 – paragraph 1 – point b
b. from 1 January 2026, a system using at least 50% renewable energy, 50% waste heat, 80% of high-efficiency cogenerated heat or at least a combination of such thermal energy going into the network where the share of renewable energy is at least 5% and the total share of renewable energy, waste heat or high-efficiency cogenerated heat is at least 50%lways 60 percentage more renewable than fossil fuels fuelled individual generation energy technologies or alternatively, from 1 January 2026, a system emitting no more than 50 g CO2eq/kWh;
Amendment 908 #
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 20%exclusively a combination of renewable fuelled (either individual or combined generation) heat, including ambient heat, and unavoidable waste heat and cold sources or alternatively, from 1 January 2035, a system emitting 0 g CO2eq/kWh;
Amendment 943 #
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. . Furthermore, Member States shall ensure that the geographic routing of existing district heating and cooling systems are mapped and published.
Amendment 952 #
Proposal for a directive
Article 24 – paragraph 3 a (new)
Article 24 – paragraph 3 a (new)
3 a. For the purpose of compliance with this Article, only renewable energy complying with the sustainability and greenhouse gas emissions criteria set by Directive (EU) 2022/... of the European Parliament and of the Council [amending Directive (EU) 2018/2001 of the European Parliament and of the Council, Regulation (EU) 2018/1999 of the European Parliament and of the Council and Directive 98/70/EC of the European Parliament and of the Council as regards the promotion of energy from renewable sources] shall be considered.
Amendment 953 #
Proposal for a directive
Article 24 – paragraph 4 – introductory part
Article 24 – paragraph 4 – introductory part
4. In order to assess the economic feasibility of increasingincrease the energy efficiency of heat and cooling supply, Member States shall ensure that an installation level cost- benefit analysis in accordance with Annex X is carriedregulative barriers for the utilisation of unavoidable waste heat are removed, sufficient support for the uptake of unavoidable waste heat into heat and cooling supply networks is provided and the use of unavoidable waste heat is mandatory, out where the following installations are newly planned or substantially refurbished :;
Amendment 960 #
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 M00 kW 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. The analysis shall consider cooling system solutions that allow removing or capturing shall utilise the unavoidable waste heat or other waste heat at useful temperature level with minimal ancillary energy inputrecovery applications.
Amendment 965 #
Proposal for a directive
Article 24 – paragraph 4 – subparagraph 1
Article 24 – paragraph 4 – subparagraph 1
For the purposes of assessing unavoidable on-site waste heat for the purpose of points (b) to (d), energy audits in line with Annex VI may be carried out instead of the cost benefit analysis set out in this paragraph.
Amendment 999 #
Proposal for a directive
Article 26 – paragraph 2
Article 26 – paragraph 2
2. Member States shall ensure that national certification, or equivalent qualification schemes, including, where necessary, training programmes, take into account existing European or international standards. The qualification requirements shall be designed with regard to the decarbonisation targets of Member States and shall consider the development and implementation of decarbonisation roadmaps in buildings and industry.
Amendment 1001 #
Proposal for a directive
Article 26 – paragraph 2 a (new)
Article 26 – paragraph 2 a (new)
2 a. Member States shall ensure equal access for women to emerging job opportunities in the energy sector, and shall develop specific energy efficiency trainings and skill development programmes targeted for women in all their diversity.
Amendment 1003 #
Proposal for a directive
Article 27 – paragraph 4 – introductory part
Article 27 – paragraph 4 – introductory part
4. Member States shall encourage public bodies to use energy performance contracting for renovations of large buildings. For renovations of large non- residential and public residential buildings with a useful floor area above 10500 m2, Member States shall ensure that public bodies assess the feasibility of using energy performance contracting and other performance based energy services.
Amendment 1029 #
Proposal for a directive
Article 31 – paragraph 3
Article 31 – paragraph 3
Amendment 1045 #
Proposal for a directive
Annex I – point 1 – introductory part
Annex I – point 1 – introductory part
1. The level of national contributionbinding targets is calculated based on the indicative formula:
Amendment 1049 #
Proposal for a directive
Annex I – point 2 – introductory part
Annex I – point 2 – introductory part
2. The following indicative formula represents the objective criteria reflecting the factors listed in points (d) (i) to (iv) of Article 4(2), each used for defining the level of national-specific ambition in % (Target) and having the same weight in the formula (0,25):
Amendment 1071 #
Proposal for a directive
Annex III – point a – paragraph 1 – indent 3
Annex III – point a – paragraph 1 – indent 3
— directlife-cycle emissions of the carbon dioxide from cogeneration production that is fuelled with fossil fuels, are less than 27100 gCO2 per 1 kWh of energy output from the combined generation (including heating/cooling, power and mechanical energy).
Amendment 1076 #
Proposal for a directive
Annex III – point a – paragraph 1 – indent 4
Annex III – point a – paragraph 1 – indent 4
— When a cogeneration unit is built or substantially refurbished, Member States shall ensure that there is no increase in the use of fossil fuels other than natural gas in existing heat sources compared to the annual consumption averaged over the previous three calendar years of full operation before refurbishment, and that any new heat sources in that system do not use fossil fuels other than natural gas. and shall ensure strict sustainability criteria for renewable energy in existing heat sources in accordance with Article 29(2) to (7) of Directive 2018/2001/EU.
Amendment 1085 #
Proposal for a directive
Annex IV – paragraph 1 – point c
Annex IV – paragraph 1 – point c
(c) where a product or a service is covered by the Union green public procurement criteria, with relevance to energy efficiency of the product or service, make best efforts to purchase only products and services that respect at least the technical specifications set at ‘core’ level in the relevant Union green public procurement criteria including among others for data centres, server rooms and cloud services, Union green public procurement criteria for road lighting and traffic signals, Union green public procurement criteria for computers, monitors tablets and smartphones;
Amendment 1090 #
Proposal for a directive
Annex IV – paragraph 1 – point f – introductory part
Annex IV – paragraph 1 – point f – introductory part
(f) purchase, or make new rental agreements for, only buildings that comply at least with the minimum energy performance requirements referred to inare nearly-zero energy buildings in accordance with Article 47(1) of Directive 2010/31/EU unless the purpose of the purchase is:
Amendment 1091 #
Proposal for a directive
Annex IV – paragraph 1 – point f – point i
Annex IV – paragraph 1 – point f – point i
(i) to undertake deepzero-emission renovation or demolition;
Amendment 1128 #
Proposal for a directive
Annex V – point 2 – point h
Annex V – point 2 – point h
(h) Energy savings as a result of policy measures regarding the use of direct fossil fuel combustion in products, equipment, transport systems, vehicles, buildings or works, whether these policy measures have been introduced by 31 December 2023 or after that date, shall not count towards the fulfilment of energy savings obligation as from 1 January 2024;
Amendment 1156 #
(m) the calculation methodology, including how additionality and materiality have been determined and which methodologies, data and benchmarks are used for deemed and scaled savings, how the results from ex post evaluations of energy savings have been considered and, where applicable, the net calorific values and conversion factors used ;
Amendment 1158 #
Proposal for a directive
Annex V – point 5 a (new)
Annex V – point 5 a (new)
Amendment 1184 #
Proposal for a directive
Annex VI a (new)
Annex VI a (new)