Changes from plenary report to adopted text

Energy management systems and energy audits

1. Member States shall ensure that enterprises implement an energy management system, where their average annual energy consumption over the previous three years, taking all energy carriers together, is:

(a) higher than 100 TJ, from 1 January 2024;

(b) higher than 70 TJ, from 1 January 2027.

The energy management system shall be certified by an independent body according to the relevant European or international standards.

2. Member States shall ensure that enterprises ▌that do not implement an energy management system are subject to an energy audit, where their average annual energy consumption over the previous three years, taking all energy carriers together, is:

(a) higher than 10 TJ, from 1 January 2024;

(b) higher than 6 TJ, from 1 January 2027.

Energy audits shall be carried out according to the relevant European or international standards in an independent and cost-effective manner by qualified or accredited sector specific experts or accredited independent bodies 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.

The results of the energy audits including the recommendations from these audits shall result in concrete and feasible implementation plans indicating the cost and payback period for each recommended energy efficiency action and shall be transmitted to the management of the enterprise. Member States shall ensure that the implementation of the recommendations is mandatory, with the exception of those where the payback period is longer than three years. Member States shall ensure that the results and the implemented recommendations are published in the enterprise’s annual report, and made public available, except information subject to national laws protecting trade and business secrets and confidentiality.

2a. Member States may encourage all eligible companies to provide the following information in their annual report:

(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.

3. Member States shall promote the availability to all final customers of high quality energy audits which are cost-effective and:

(a) carried out in an independent manner by qualified and/or accredited experts according to qualification criteria; or

(b) implemented and supervised by independent authorities under national legislation.

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.

For the purpose of guaranteeing the high quality of the energy audits and energy management systems, Member States shall establish transparent and non-discriminatory minimum criteria for energy audits based on Annex VI and specified in European and international standards. Member States shall ensure that quality checks are carried out to ensure the validity and accuracy of energy audits.

Energy audits shall not include clauses preventing the findings of the audit from being transferred to any qualified/accredited energy service provider, on condition that the customer does not object.

4. Member States shall develop programmes with the aim of encouraging and providing technical support to SMEs that are not subject to paragraph 1 or 2 to undergo energy audits and the subsequent implementation of the recommendations from these audits complying with the minimum criteria set out in Annex VI.

On the basis of transparent and non-discriminatory criteria and without prejudice to Union State aid law, Member States shall set up mechanisms such as energy audit centres for SMEs and microenterprises, where these are not in competition with private auditors, to provide subsidised energy audits, 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.

Member States shall support and provide incentives for the implementation of the recommendations by means of technical and financial support, which shall not be accounted under the maximum amount of de minimis aid to enterprises, easier access to finance, with a special attention to SMEs and those companies that implement recommendations with the highest decarbonisation impact in terms of energy efficiency.

Member States shall bring to the attention of SMEs, including through their respective representative intermediary organisations, concrete examples of how energy management systems could help their businesses. The Commission shall assist Member States by supporting the exchange of best practices in this domain.

4a. For the purpose of paragraph 4, Member States shall ensure that the programmes include:

(a) integration of energy management systems involving the management of the enterprise, including financial incentives with the commitment of the enterprise to uptake the energy efficiency measures identified;

(b) support to SMEs in quantifying the multiple benefits of energy efficiency measures within their operations;

(c) development of company-specific energy efficiency roadmaps developed in an interactive process, with a prioritisation of goals, measures, financial and technological options;

(d) development of energy transition networks of SMEs, facilitated by independent facilitators;

(e) support mechanisms for such networks for the deployment of energy audits or energy management systems.

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 complying with the minimum criteria set out in Annex VI.

6. Energy audits shall be considered as fulfilling the requirements of paragraph 2 when they are carried out in an independent manner, on the basis of minimum criteria based on Annex VI, and implemented under voluntary agreements concluded between organisations of stakeholders and an appointed body and supervised by the Member State concerned, or other bodies to which the competent authorities have delegated the responsibility concerned, or by the Commission.

Access of market participants offering energy services shall be based on transparent and non-discriminatory criteria.

7. Enterprises that implement an energy performance contract shall be considered to fulfil 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.

8. Enterprises that implement an environmental management system - certified by an independent body according to the relevant European or international standards - shall be considered to fulfil the requirements of paragraphs 1 and 2, provided that the environmental management system concerned includes an energy audit on the basis of the minimum criteria based on Annex VI.

9. Energy audits may stand alone or be part of a broader environmental audit. Member States may require that an assessment of the technical and economic feasibility of connection to an existing or planned district heating or cooling network shall be part of the energy audit.

Without prejudice to Union State aid law, Member States may implement incentive and support schemes for the implementation of recommendations from energy audits and similar measures.

9a. Member States shall promote the implementation of energy management systems and energy audits within the public administration at national, regional and local level.

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Data centres

1. By 15 March 2024 and annually thereafter, Member States shall require owners and operators of every data centre in their territory with an installed IT power demand of at least 100 kW, in particular in the ICT sector, to make the information set out in Annex VIa publicly available on the basis of a harmonised format.

2. Member States shall submit the information that they have collated pursuant to paragraph 1 to the Commission without delay. The information shall be made public through a database established and operated by the Commission.

3. The Commission shall adopt guidelines on monitoring and publishing the energy performance of data centres in accordance with Annex VIa. Those guidelines shall contain harmonised definitions for each item of information as well as a uniform measurement methodology, reporting guidelines and a harmonised template for the transfer of the information to allow for consistent reporting across all Member States.

4. Member States shall encourage owners and operators of every data centre in their territory with an installed IT power demand equal to or greater than 1 MW to take into account the best practices referred to 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 the entry into force of the delegated act adopted pursuant to Article 31(3) of this Directive.

5. By 15 March 2025, the Commission shall assess the available data on the energy efficiency of data centres submitted to it by the Member States pursuant to paragraph 2 and shall submit a report to the European Parliament and the Council. The report shall be accompanied, if appropriate, by a proposal on further measures to improve energy efficiency, including on establishing minimum performance standards and an assessment on the feasibility of transition towards net-zero emission centres, in close consultation with the relevant stakeholders. Such a proposal may establish a timeframe within which existing data centres are to be required to meet minimum performance standards.

Metering for natural gas

1. Member States shall ensure that, in so far as it is technically possible, financially reasonable, and proportionate to the potential energy savings, for natural gas final customers are provided with competitively priced individual meters that accurately reflect the final customer's actual energy consumption and that provide information on actual time of use.

Such a competitively priced individual meter shall always be provided when:

(a) an existing meter is replaced, unless this is technically impossible or not cost-effective in relation to the estimated potential savings in the long term;

(b) a new connection is made in a new building or a building undergoes major renovations, as set out in Directive 2010/31/EU.

2.Where, and to the extent that, Member States implement intelligent metering systems and roll out smart meters for natural gas in accordance with Directive 2009/73/EC:

(a) they shall ensure that the metering systems provide to final customers information on actual time of use and that the objectives of energy efficiency and benefits for final customers are fully taken into account when establishing the minimum functionalities of the meters and the obligations imposed on market participants;

(b) they shall ensure the security of the smart meters and data communication, and the privacy of final customers, in compliance with relevant Union data protection and privacy legislation;

(c) they shall require that appropriate advice and information be given to customers at the time of installation of smart meters, in particular about their full potential with regard to meter reading management and the monitoring of energy consumption.