Changes from report parliamentary committee draft to plenary report

AddedThat implementing act shall be adopted in accordance with the examination procedure referred to in Article 30(3).

Added4. By 31 December 2024, the Commission shall, ▌after having consulted the relevant stakeholders, adopt an implementing act detailing the technical modalities for the effective implementation of the application of the scheme referred to in paragraph 2 to non-residential buildings with an effective rated output for heating systems, air-conditioning systems, or systems for combined heating, air-conditioning and ventilation of over 290 kW.

AddedThat implementing act shall be adopted in accordance with the examination procedure referred to in Article 30(3).

AddedData exchange

Added1. Member States shall ensure that the building owners, tenants and managers can have direct access to their building systems data, including technical building systems data. Upon their consent, the access or data shall be made available to a third party, subject to the existing contractual agreement. Member States shall mandate the use of international standards and management formats for data exchanged and facilitate the full interoperability of services and of data exchange within the Union in accordance with paragraph5. The aggregated and anonymised building systems data shall be made publicly available.

AddedFor the purpose of this Directive, building systems data shall include relevant raw data related to the energy performance of building elements, the energy performance of building services, the projected lifespan of the heating systems, sensors, building automation and control systems, meters and charging points for e-mobility and be linked to the digital building logbook. Both processed and non-processed data shall be considered acceptable for the purposes of this Article, provided that they meet the requirements set out in the first subparagraph.

Added1a. Member States shall ensure that local authorities have access to data on energy performance of buildings on their territory as required to facilitate drafting of heating and cooling plans and include operational geographic information systems and the related databases, in accordance with Regulation (EU) 2016/679 of the European Parliament and of the Council. Member States shall ensure that local authorities have the necessary resources for data and information management.

Added2. 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 comply with the harmonised Union rules set out in the implementing acts provided for in paragraph 5 and the applicable Union legal framework. The rules on the access and any charges shall not constitute a barrier or create discrimination for third parties to access building systems data.

Added3. 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 subject to the existing contractual agreement. 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. 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. Member States shall incentivise the sharing of the building systems data.

Added4. The rules on access to data and data storage for the purpose of this Directive shall comply with the relevant Union law. The processing of personal data within the framework of this Directive shall be carried out in accordance with Regulation (EU) 2016/679 of the European Parliament and of the Council.

Added4a. By 31 December 2023, the Commission shall adopt a delegated act in accordance with Article 29 to supplement this Directive by establishing interoperability requirements and non-discriminatory and transparent procedures for access to the data referred to in this Article.

Added5. By 31 December 2023, the Commission shall adopt implementing acts detailing interoperability requirements and non-discriminatory and transparent procedures for access to the data referred to in this Article.

AddedThose implementing acts shall be adopted in accordance with the advisory procedure referred to in Article 30(2).

AddedThe Commission shall issue a consultation strategy, setting out consultation objectives, targeted stakeholders and the consultation activities for the development of the implementing acts.

AddedFinancial incentives, skills and market barriers

Added1. Member States shall provide appropriate financing and support measures in combination with other Union instruments 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 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 by 2050 including by promoting and simplifying the use of public-private partnerships.

AddedMember States shall ensure that application and procedures for financing are simple and streamlined in order to facilitate the access to financing for households.

Added1a. Public financing shall address up-front costs associated with renovations faced by households. Member States shall facilitate the access to affordable bank loans, dedicated credit lines, or fully publicly financed renovations.

AddedFinancial incentives in the form of grants or guarantees shall take revenue-based parameters into account when allocating financial support to ensure that they target as a priority vulnerable households and people living in social housing, in accordance with Article 22 of Directive (EU).../…. [recast EED]. Member States shall develop dedicated schemes on energy efficiency renovations, in particular financial measures, and shall ensure that every national financial support programme contains dedicated amounts targeted at vulnerable households, , corresponding to their needs. Member States may use the national energy efficiency funds to finance dedicated schemes and programmes pursuant to Article 28 of Directive (EU) ..../…. [recast EED].

Added2. 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 may include removing unanimity requirements in co-ownership structures, adapting the mandate and responsibilities of building managers for the handling of the energy renovation projects, or allowing co-ownership structures to be direct recipients of financial support such as loans and grants.3. Member States shall make best cost-effective use of national financing and financing available established at Union level, in particular the Recovery and Resilience Facility, the Social Climate Fund, cohesion policy funds, InvestEU, auctioning revenues from emission trading pursuant to Directive 2003/87/EC [amended ETS] and other public funding sources. Those funding sources shall be deployed consistently with a path to achieving a zero-emission building stock by 2050.

Added4. To support the mobilisation of investments, Member States shall ensure that enabling funding and financial tools are effectively put in place, namely energy efficiency loans and mortgages for building renovation, energy performance contracting, pay-as-you-save financial schemes, fiscal incentives, including reduced tax rates on renovation works and materials, on-tax schemes, on-bill schemes, guarantee funds, mortgage portfolio standards, economic instruments to provide incentives for the application of sufficiency and circular measures, funds targeting deep renovations, and funds targeting renovations with a significant minimum threshold of targeted energy savings and targeted whole life-cycle greenhouse gas emission reductions.

AddedMember States shall ensure that information about available funding and financial tools is made available to the public in an easily accessible and transparent manner, including by digital means.

AddedMember States and the relevant financial authorities shall review the applicable legislation and develop supporting measures to facilitate the uptake of renovation loans and energy efficiency mortgages, and the development of innovative lending products dedicated to the financing of deep renovation and staged deep renovation in line with the steps in renovation passports. The Commission and the European Investment Bank shall ensure access to finance at favourable conditions, facilitating the deployment of financial instruments and innovative schemes, such as a EU renovation loan or a European guarantee fund for building renovations.The enabling funding and financial tools shall also guide investments into an energy efficient public building stock, in line with Eurostat guidance on the recording of Energy Performance Contracts in government accounts.

Added4a. By... [12 months after the date of entry into force of this Directive], the Commission shall adopt a delegated act in accordance with Article 29 to supplementing this Directive in order to ensure that mortgage portfolio standards effectively encourage financial institutions to increase volumes provided for renovations, to prescribe supportive measures for financial institutions and necessary safeguards against potential counter-productive lending behaviours such as reducing or refusing access to credit to households living in low energy performance class dwellings, or limiting their mortgage lending to consumers purchasing high energy performance class dwellings.

Added5. Member States shall facilitate the aggregation of projects to enable investor access as well as packaged solutions for potential clients. 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 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.▌

Added6. Member States shall monitor the availability of skills and skilled professionals in accordance with Article 3 and develop measures and financing to promote education and training programmes, including in digital technologies, to facilitate the professional requalification of workers and creation of employment opportunities to ensure that there is a sufficient workforce with the appropriate level of skills corresponding to the needs in the building sector. Member States shall put in place measures to promote participation in such programmes, in particular by microenterprises as well as small and medium-sized enterprises (SMEs) and with due regard to the gender dimension. One-stop-shops established pursuant to Article 15a may facilitate access to such programmes and the professional reskilling of workers.

Added7. The Commission shall develop common Union standards for innovative financial schemes, in particular a pay-as-you-save scheme, setting mandatory minimum requirements for public and private actors.

Added8. 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 greenhouse gas emissions from buildings, especially of existing buildings, including by supporting the exchange of best practice between the responsible national or regional authorities or bodies. To ensure a level playing field and make maximum use of the available investment potential Member States shall ensure that such programmes are developed in a way that is accessible to organisations with lower administrative, financial, and organisational capacities, such as microenterprises and SMEs, 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.

Added8a. Member States shall provide appropriate financing, support measures and other instruments for implementation of research and development results regarding energy efficient construction systems and materials including manufacturing, in particular by microenterprises and SMEs.

Added9. Member States shall link their financial measures for energy performance improvements and reduced greenhouse gas emissions in the renovation of buildings to the targeted and achieved energy savings and improvements, as determined by one or more of the following criteria:

Added(a) the energy performance and greenhouse gas 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 for improved performance of buildings energy consumption;

Added(b) standard values for the calculation of energy and greenhouse gas emission savings in buildings;

Added(c) the improvement achieved due to such renovation by comparing energy performance certificates issued before and after renovation;

Added(d) the results of an energy audit;

Added(e) the results of another relevant, transparent and proportionate method that shows the improvement in energy performance, including by comparing the energy consumption before and after renovation with smart metering systems.

AddedRequirements set out in this paragraph shall not apply to financing dedicated to vulnerable households..

Added10. From 1 January 2024 at the latest, Member States shall not provide any financial incentives for the installation of boilers using fossil fuels ▌.

Added11. Member States shall incentivise deep renovation and sizeable programmes that address a high number of buildings, in particular the worst performing buildings, including through integrated district renovation programmes and result in an overall reduction of at least 60 % of primary energy demand with increasing financial, fiscal, administrative and technical support according to the level of performance achieved, with the higher financial participation reserved for deep renovations or for the groups referred to in paragraph 1a.

Added11a. Member States shall complement the promotion of financial incentives with policies and measures to avoid eviction because of renovation.▌

Added13. When providing financial incentives to owners of buildings or building units for the renovation of rented buildings or building units, Member States shall ensure that the financial incentives benefit both the owners and the tenants. Member States shall introduce effective social safeguards, to protect in particular vulnerable households, including by providing rent support or by imposing caps on rent increases, or by introducing a pay-as-you-save financial scheme for rent increases, ensuring that the rent increase does not exceed the savings on energy bills due to renovation energy savings.

Added13a. Member States shall take appropriate measures to remove regulatory, statutory, and administrative barriers to the scaling up housing cooperatives, including not-for-profit cooperatives. Member States shall ensure the eligibility of such housing cooperatives and integrated districts for financial incentives. The Commission shall facilitate the exchange of best practices among Member States on the creation of an operational status for not-for-profit housing cooperatives and shall provide guidance on measures to streamline their introduction.

AddedOne-stop-shops for energy efficiency in buildings

Added1. Member States shall ensure the establishment of technical assistance facilities, including through inclusive one-stop-shops for energy efficiency in buildings, targeting all actors involved in building renovations, including home owners and administrative, financial and economic actors, including microenterprises and SMEs. Member States shall ensure that the technical assistance facilities are equally available across their territory depending on population distribution by establishing at least one one-stop-shop per region and in any event per 45 000 inhabitants.

AddedThe Commission shall cooperate with the European Investment Bank, Member States and regions to facilitate the functioning and continuity of funding of one-stop-shops for energy efficiency in buildings until at least 31 December 2029.

Added2. Member States shall cooperate with relevant regional and local authorities as well as private stakeholders for the purpose of establishing one-stop shops for energy efficiency in buildings at national, regional and local levels. Member States may designate the one-stop shops established pursuant to Article 21(2a) of Directive (EU).../... [recast EED] as one-stop shops for the purposes of this Article.

AddedOne-stop shops for energy efficiency in buildings shall be independent public entities, cross-sectorial and interdisciplinary and shall provide their service free of charge for the users. They shall provide tailor made advice to different target groups on energy efficiency in buildings and may accompany integrated district renovation programs. One-stop shops may cooperate with private actors that provide and promote services relevant for energy renovation, such as financing solutions and the execution of energy renovations, and, where appropriate, that connect potential projects, in particular smaller-scale projects, with market actors.

AddedTo facilitate the establishment and services of one-stop shops for energy efficiency in buildings, Member States shall review their public procurement rules for energy efficiency renovations tendering.

AddedOne-stop shops shall support locally developed projects by providing technical, administrative and financial advice and assistance, such as:

Added(a) providing legal assistance, reinforced protection to overcome split-incentives in privately rented homes, streamlined information on technical support, tailor-made financial assistance and available funding opportunities in particular grant and subsidy schemes, and solutions to households, microenterprises and SMEs, and public bodies;

Added(b) connecting potential projects, in particular smaller-scale projects, with market actors;

Added(c) advising on energy consumption behaviour with the aim of actively engaging the consumers, providing access to affordable energy offers;

Added(d) providing information and access to training programmes and education, including for local authorities and social services to provide technical assistance, to ensure more energy efficiency professionals and to re-skill and up-skill professionals in order to meet the market needs;

Added(e) collecting and submitting typology aggregated data to the Commission from energy efficiency projects, facilitated by the one-stop shops,, which shall be published by the Commission in a report by ... [date of transposition of this Directive] and every two years thereafter in order to exchange knowledge and enhance cross-border cooperation between Member States for the purpose of promoting best practice examples from different building, housing and enterprise typologies;

Added(f) supporting awareness-raising activities, including information on incentives for regulating indoor environmental quality and installing the necessary devices during major renovations;

Added(g) providing and developing holistic support to all households, with a special attention to vulnerable householdsand to people living in social housing as well as to those with health problems linked to the worst performing buildings, as well as to accredited companies and installers providing renovation services, adapted to different housing typologies and geographical scope, and providing support covering the different stages of the renovation project in particular to facilitate the implementation of the minimum energy performance standards laid down in Article 9;

Added(h) providing information on accessibility, availability of renewable energy self consumption, renewable energy communities and other alternatives to fossil heating and cooling in buildings, and information on materials and solutions on energy efficiency, energy storage and renewable energy technologies for buildings;

Added(i) supporting engagement with relevant local stakeholders and citizens in the evaluation of the impact of minimum energy performance standards on housing affordability and quality.

AddedMember States shall cooperate with local and regional authorities to encourage cooperation among public bodies, energy agencies and community-led initiatives and to promote, develop and up scale one-stop shops through an integrated process. The Commission shall provide guidelines to Member States to develop those one-stop shops with the aim of creating a harmonised approach throughout the Union.

AddedEnergy performance certificates

Added1. ▌ The energy performance certificate shall include the energy performance of a building expressed by a numeric indicator of primary and final energy use in kWh/(m2.y), and the life-cycle GWP by a numeric indicator of whole life-cycle greenhouse gas emissions in kgCO2eq/(m2)and reference values such as minimum energy performance requirements, minimum energy performance standards, nearly zero-energy building requirements and zero-emission building requirements, in order to make it possible for owners or tenants of the building or building unit to compare and assess its energy performance. The energy performance certificate shall include additional numeric indicators, in particular total annual energy consumption (kWh/year), annual energy needs for heating, cooling, ventilation and hot water, energy consumption per square metre per year (kWh/(m2.y), annual non-renewable primary energy use in kWh/(m2.y), and final energy for heating, cooling, domestic hot water, ventilation, built-in lighting and other building services, and may include additional efficiency and safety requirements for appliances.