Changes from report parliamentary committee draft to plenary report

RemovedArticle 12 – paragraph 9: 9. Member States shall ensure the coherence of policies for buildings, active and green mobility climate, energy, biodiversity and urban planning.

Added(aa) an overview of implemented and planned policies, including those pursuant to the Pact for Skills set out in the communication of the Commission of 1 July 2020 entitled “European Skills Agenda for sustainable competitiveness, social fairness and resilience”, to increase the availability of qualified professionals in the construction, efficiency, and renewable energy sectors, investments in the development of the required skills, including upskilling or reskilling and targeted training and education programmes, for both public and private stake holders, on the basis of a quantitative and qualitative assessment using key performance indicators as set out in Annex II, to meet the targets, in accordance with this Directive and the resulting market needs for skilled professionals in the construction and renovation sector;

RemovedThe amendment is inextricably linked to other admissible amendments.

Added(b) a roadmap with nationally established targets and measurable progress indicators, and specific timelines for all existing buildings to achieve higher energy performance classes by 2030, 2040 and 2050, with a view to the 2050 climate neutrality goal, in order to ensure a highly energy efficient and decarbonised national building stock and the transformation of existing buildings into zero-emission buildings by 2050;

RemovedArticle 12 – paragraph 9 a (new): 9 a. Member States shall update their national building codes in order to replace ‘minimum’ car parking requirements with ‘maximum’ car parking requirements, particularly in those areas that are already well served by public transport and active mobility options. / Member States shall support local authorities in developing and implementing sustainable urban mobility plans (SUMPSs) with a particular focus on the integration of housing policies with sustainable mobility and urban planning, hereby ensuring and prioritising accessibility of all new major urban developments by active mobility and public transport.

Added(c) an overview of implemented and planned policies and measures including their duration in consistency with the implementation of the roadmap pursuant to point (b) of this subparagraph, including those set out in the integrated national energy and climate plans notified to the Commission pursuant to Article 3 of Regulation (EU) 2018/1999, with a particular focus on vulnerable households and people living in social housing;

RemovedThe amendment is inextricably linked to other admissible amendments.

Added(d) a detailed roadmap up to 2050 of the investment needs for the implementation of the building renovation plan, public and private financing sources and measures, and the administrative resources for building renovation, including those set out in national energy and climate plans notified to the Commission pursuant to Article 3 of Regulation (EU) 2018/1999;

RemovedArticle 13 a (new): Article 13a / Accessibility of common spaces in buildings / 1. Member States shall ensure that, by ... [the date referred to in Article 34], all commonly used spaces of new buildings, buildings undergoing major renovations, and buildings undergoing renovations concerning the commonly used spaces in and adjacent to buildings, such as entries, staircases and lifts, parkings, sanitary installations and other commonly used spaces, comply with norm EN 17210 on accessibility of the built environment. / 2. When laying down the relevant rules in building codes, Member States shall redefine existing parking spaces and other common use spaces in and adjacent to buildings as accessibility spaces, allowing for the use of accessibility and zero emission mobility solutions, including with wheelchairs, electric wheelchairs, tricycles, pushchairs and bikes. / 3. Member States shall ensure the accessibility of recharging points and plugs in parking spaces and accessibility spaces for persons with disabilities. / 4. Member States shall ensure the accessibility for persons with disabilities for public buildings, also when these are officially protected as part of a designated environment or because of their special architectural or historical merit.

Added(da) a roadmap on the reduction of energy poverty and energy savings achieved among vulnerable households and people living in social housing comprising of nationally established targets and an overview of implemented and planned policies and funding measures supporting theelimination of energy poverty.

RemovedThis Directive requires accessibility for persons with disabilities in Articles 7, 8 and 26. The introduction of a dedicated article to spell out details to these provisions is therefore required for pressing reasons relating to the internal logic of the text.

Added1a. The roadmap referred to in paragraph 1, second subparagraph, point (b), shall include:

RemovedArticle 14 – paragraph 1 – subparagraph 1: 1. Member States shall ensure that the building owners, tenants and managers can have direct access to their building systems’ data. The building systems’ data shall be publicly available provided that the data is aggregated and anonymised. At their request, the access or data shall be made available to a third party. Member States shall facilitate the full interoperability of services and of data exchange within the Union in accordance with paragraph 5.

Added(a) national targets and whole life-cycle emissions for different building typologies to be set following the global stock-taking exercise, for the years 2025, 2030, 2035, 2040, in accordance with the ratchet mechanism set out in the Paris Agreement and a 1,5-degree compliant2050 whole life-cycle performance roadmap, as well as indicative national targets aiming to achieve the deep renovation of at least 35 million building units by 2030 to support reaching an annual energy renovation rate of 3 % or more for the period till 2050;

RemovedArticle 14 – paragraph 1 – subparagraph 2: For the purpose of this Directive, building systems data shall include at least all data related to the energy performance of building elements, the energy performance of building services, the planned phase out of any fossil fuel based technical building system, building automation and control systems, meters and charging points for e-mobility.

Added(b) the estimated availability of construction materials, renovation materials, including prefabricated building elements, such as those with insulation, building integrated solar photovoltaics, materials with recycled contents, secondary building materials, and, if any, local sustainable materials, as well as national targets for the circular use of materials, recycled contents and secondary materials in accordance with Regulation (EU) No 305/2011 [, and sufficiency for every five-year period;

RemovedArticle 14 – paragraph 2: 2. When laying down the rules regarding the management and exchange of data, Member States or, where a Member State has so provided, the designated competent authorities, shall specify the rules on the access to building systems data by eligible parties in accordance with this Article and the applicable Union legal framework. The rules on the access and any charges shall not constitute a barrier nor create discrimination for third parties to access the building’s data.

Added(c) the primary and final energy consumption of the national building stock and its operational greenhouse gas emission reductions;

RemovedArticle 14 – paragraph 3: 3. No additional costs shall be charged to the building owner, tenant or manager for access to their data or for a request to make their data available to a third party. Member States shall be responsible for setting the relevant charges for access to data by other eligible parties such as financial institutions, aggregators, energy suppliers, energy services providers and National Statistical Institutes or other national authorities responsible for the development, production and dissemination of European statistics. The rules on the access and any charges shall not constitute a barrier nor create discrimination for third parties to access the building’s data. Member States or, where applicable, the designated competent authorities, shall ensure that any charges imposed by regulated entities that provide data services are reasonable and duly justified.

Added(d) specific timelines for buildings to achieve higher energy performance classes than those pursuant to Article 9(1), by 2030 and every five years thereafter , in line with the pathway for transforming the national building stock into zero-emission buildings;

RemovedArticle 15 – paragraph 1: 1. Member States shall provide appropriate financing, support measures and other instruments in combination with Union funding such as the Recovery and Resilience Facility, the Social Climate Fund and the cohesion policy funds. They shall ring-fence appropriate amounts in the implementation of Union programmes and in national financing schemes for renovations, and dedicate appropriate financing for the renovation of buildings inhabited by vulnerable households and people living in social housing.

Added(e) an overview of the cost effective potential, availability and expected production and consumption of renewable energy used for heating and cooling in buildings, disagreggated bytechnology and fuels;

RemovedArticle 15 – paragraph 2: 2. Member States shall put in place and design simple procedures ensuring easy access to financing for households that are tailored to the needs of different building owners and tenants to address market barriers and stimulate the necessary investments in energy renovations in line with their national building renovation plan and with a view to the transformation of their building stock into zero-emission buildings.

Added(f) national targets on the construction and refurbishment of district level heating and cooling systems in accordance with the comprehensive heating and cooling assessment referred to in Article 23 of Directive (EU) …/... [recast Energy Efficiency Directive];

RemovedArticle 15 – paragraph 2 a (new): 2a. Member States shall ensure that energy performance certificates assessments and building renovation passports are made available for free for vulnerable households.

Added(g) a pathway with numerical targets for the deployment of solar energy and heat pumps in buildings in accordance with Article 9a;

RemovedArticle 15 – paragraph 3: 3. Member States shall take appropriate regulatory measures to remove non-economic barriers to building renovation. With regard to buildings with more than one building unit, such measures shall include removing unanimity requirements in co-ownership structures, adapt the mandate and responsibilities of building managers in the handling of the energy renovation projects, or allowing co-ownership structures to be direct recipients of financial support.

Added(h) national phase-out plans for fossil fuel use in buildings with a view to a planned phase out by 2035 and if not feasible as demonstrated to the Commission, by 2040 at the latest;

RemovedArticle 15 – paragraph 4: 4. To support the mobilisation of investments, Member States shall ensure the availability of the following enabling funding and financing tools to promote renovations: Energy efficiency loans and mortgages for building renovation, energy performance contracting, fiscal incentives, including reduced tax rates on renovation works and materials, on-tax schemes, on bill schemes, guarantee funds, funds targeting deep renovations, funds targeting deep renovations with energy savings corresponding to achieving zero emission building standard and the reduction of whole life-cycle greenhouse gas emissions in line with Annex III. All tools shall have a dedicated section for vulnerable groups and minimum funding targets reserved at a level in line with national percentages of groups that cannot access traditional mortgages or loans, such as low income, elderly, and single parent households and households at risk of or in energy poverty.

Added(i) an evidence-based estimate of expected energy savings, greenhouse gas emission reductions, and wider benefits, including indoor environmental quality, which may be based on an integrated district approach;

RemovedArticle 15 – paragraph 4 a (new): 4a. By ... [the date the date of transposition of this recast Directive], the Commission shall adopt delegated acts in accordance with Article 29 to supplement this Directive by establishing a common methodology for mortgage portfolio standards to align the energy and emissions performance of their portfolios with Union climate targets. / The delegated act shall ensure that mortgage portfolio standards: / (a) guide investments into a zero emission building stock by 2050, including for public buildings and in line with Eurostat guidance on the recording of Energy Performance Contracts in government accounts; / (b) are in line with National Integrated Energy and Climate Plan trajectories and reflect the urgency of delivering energy efficiency in the context of European energy security; and / (c) specify the criteria for complementary measures to Mortgage Portfolio Standards protective of low-income households, including both accuracy of the creditworthiness assessment regarding energy efficient renovation benefits and inclusion pathways for low-income households via complementary financial instruments like grants and guarantee funds, in line with the Directive 2014/17/EU. / 1a Directive 2014/17/EU of the European Parliament and of the Council of 4 February 2014 on credit agreements for consumers relating to residential immovable property and amending Directives 2008/48/EC and 2013/36/EU and Regulation (EU) No 1093/2010 (OJ L 60, 28.2.2014, p. 34).

Added(j) estimations for the contribution of the building renovation plan to achieving the Member State's binding national target for greenhouse gas emissions pursuant to Regulation (EU).../… [revised Effort Sharing Regulation], the Union’s energy efficiency targets in accordance with Directive (EU) …/…. [recast EED], the Union’s renewable energy targets, including the ▌target for the share of energy from renewable sources in the building sector in accordance with Directive (EU) 2018/2001 [amended RED], and the Union’s 2030 climate target and 2050 climate neutrality goal in accordance with Regulation (EU) 2021/1119;

RemovedThe amendment is inextricably linked to other admissible amendments.

Added2. Every five years, each Member State shall prepare and submit to the Commission a draft of its building renovation plan, using the template in Annex II. Each Member State shall submit its draft building renovation plan together with its draft integrated national energy and climate plan referred to in Article 9 of Regulation (EU) 2018/1999 and its comprehensive heating and cooling assessment pursuant to Article 23 of Directive (EU)…/…[recast EED], and, where the Member States submits a draft update, its draft update referred to in Article 14 of ▌Regulation (EU) 2018/1999. By way of derogation from Article 9(1) and Article 14(1) of that Regulation, Member States shall submit the first draft building renovation plan to the Commission by 30 June 2024, and subject to the separate consultation provided for in paragraph 3 of this Article.

RemovedArticle 15 – paragraph 4 b (new): 4b. Member States shall ensure that the Mortgage Portfolio Standards are combined with other financial tools, including grants, subsidies, and guarantee funds and other enabling tools such as one-stop-shops, especially for low-income households’ inclusion and in line with the Article 22 of the Directive 2012/27/EU. Member States shall ensure that the combination covers both existing and newly contracted mortgages.

Added3. To support the development of its building renovation plan , each Member State shall involve regional and local authorities in drafting the building renovation plan to facilitate the inclusion of local actions plans or investments and they shall carry out a public consultation on its draft building renovation plan prior to submitting it to the Commission. The public consultation shall involve in particular local and regional authorities and other socio-economic partners including civil society and bodies working with vulnerable households. The public consultation shall cover ex-ante and ex-post evaluations of the building renovation plan and include options about the design of the public policies, programmes, incentives, as well as social safeguards, which may include those referred to in Article 15, to ensure the accessibility, convenience and affordability of the renovation solutions. Each Member State shall annex a summary of the results of its public consultation to its draft building renovation plan. Each Member State shall take due account of the stakeholders’ views expressed in the ex-ante and ex-post evaluations and explain how these were reflected in its final building renovation plan.

RemovedThe amendment is inextricably linked to other admissible amendments.

Added4. The Commission shall assess the national draft building renovation plans, in particular whether:

RemovedArticle 15 – paragraph 5 – subparagraph 1: Member States shall facilitate the aggregation of projects to enable investor access as well as packaged solutions for potential clients. To ensure a level playing field and make maximum use of the available investment potential Member States shall ensure that such instruments are developed in a way that is accessible to organisations with lower administrative, financial, and organisational capacities, including but not limited to small and medium sized enterprises, energy communities, citizen-led initiatives, local authorities, and energy agencies. Member States shall provide support to local initiatives, such as citizen-led renovation programmes and programmes for renewable of heating and cooling at neighbourhood or municipal level.

Added(a) the level of ambition of the nationally established targets is sufficient and in line with the national commitments on climate and energy laid down in the national integrated energy and climate plans;

RemovedArticle 15 – paragraph 5 – subparagraph 2: Member States shall adopt measures to ensure that energy efficiency and accessibility lending products for building renovations are offered widely and in a non-discriminatory manner by financial institutions and are visible and accessible to all consumers. Member States shall ensure that banks and other financial institutions and investors receive information on opportunities to participate in the financing of the improvement of energy performance of buildings and in the reduction GHG emissions from buildings.

Added(b) the policies and measures are sufficient to achieve the nationally established targets;

RemovedArticle 15 – paragraph 6: 6. Member States shall ensure the establishment of technical assistance facilities, including through one-stop-shops, targeting all actors involved in building renovations, including home owners and administrative, financial and economic actors, including small- and medium-sized enterprises, energy communities, citizen-led initiatives, local authorities, and energy agencies.

Added(c) the allocation of budgetary and administrative resources is sufficient for the implementation of the plan;

RemovedArticle 15 – paragraph 7: 7. Member States shall put in place measures and financing to promote education and training to ensure that there is a sufficient workforce with the appropriate level of skills corresponding to the needs in the building sector with due regard to the gender dimension.

Added(ca) the conditions for the functioning renovation financing schemes are adequate for the achievement of the national energy poverty mitigation target and for the successful inclusion of energy poor consumers and vulnerable households;

RemovedArticle 15 – paragraph 8: 8. The Commission shall assist Member States in setting up national or regional financial support programmes with the aim of increasing the energy performance and reducing GHG emissions from buildings, especially of existing buildings, including by supporting the exchange of best practice between the responsible national or regional authorities or bodies.

Added(cb) the plan takes into account the objectives of Directive 2008/50/EC and ensures consistency with applicable legislation and the protection of the environment and human health;

RemovedArticle 15 – paragraph 9 – introductory part: 9. Member States shall link proportionately their financial measures for energy performance improvements and reduced GHG emissions in the renovation of buildings to the targeted or achieved energy savings and improvements, as determined by one or more of the following criteria:

Added(cc) the plan prioritises worst performing buildings used for residential purposes;

RemovedThe amendment is inextricably linked to other admissible amendments.

Added(d) the public consultation pursuant to paragraph 3 has been sufficiently inclusive; ▌

RemovedArticle 15 – paragraph 9 – point a: (a) the energy performance and GHG reduction of the equipment or material used for the renovation; in which case, the equipment or material used for the renovation is to be installed by an installer with the relevant level of certification or qualification and shall comply with at least minimum energy performance or higher reference values requirements for building elements;

Added(e) the plan complies with the requirements of paragraph 1 and the template in Annex II;

RemovedThe amendment is inextricably linked to other admissible amendments.

Added(ea) national and local authorities need the technical assistance to facilitate the implementation of these plans;

RemovedArticle 15 – paragraph 9 – point b: (b) standard values for calculation of energy and GHG emission savings in buildings;

Added(eb) the plan provides for sufficient skilled workers and effective skilling and training initiatives.

RemovedThe amendment is inextricably linked to other admissible amendments.

AddedAfter consulting the Committee established by Article 30, the Commission may issue country-specific recommendations to Member States in accordance with Article 9(2) and Article 34 of Regulation (EU) 2018/1999.