Changes from report parliamentary committee draft to plenary report

Added4. The inspection shall include the assessment of the heat and air-conditioning generator or generators, circulation pumps, components of ventilation systems, all air and water distribution systems, hydronic balancing systems, where appropriate, and control system. Member States may decide to include in the inspection schemes any additional building systems identified under Annex I.

AddedThe inspection shall include an assessment of the efficiency and sizing of the heat and air-conditioning generator or generators and of its main components compared with the requirements of the building and consider the capabilities of the system to optimise its performance under typical or average operating conditions, using available energy saving technologies, and under changing conditions due to use variation. Where relevant, the inspection shall assess the feasibility of the system to operate under different and more efficient temperature settings, such as at low temperature for water-based heating systems, including via the design of thermal power output and temperature and flow requirements, while ensuring the safe operation of the system. The inspection shall also assess the readiness of technical building systems to work with renewable energy sources and, where relevant, be operated on low temperatures.

AddedThe inspections scheme shall include the assessment of the sizing of the ventilation system compared with the requirements of the building and consider the capabilities of the ventilation system to optimise its performance under typical or average operating conditions.

AddedWhere no changes have been made to the system or to the requirements of the building following an inspection carried out pursuant to this Article, Member States may choose not to require the assessment of the main component sizing or the assessment of operation under different temperatures to be repeated.

AddedMember States shall ensure that an assessment of the energy efficiency of electrical installations of non-residential buildings is made as part of existing safety inspections schemes, with due regard to the available standard for their optimal design, dimensioning, management and monitoring.

Added5. Technical building systems that are explicitly covered by an agreed energy performance criterion or a contractual arrangement specifying an agreed level of energy efficiency improvement, such as energy performance contracting, or that are operated by a utility or network operator and therefore subject to performance monitoring measures on the system side, shall be exempt from the requirements laid down in paragraph 1, provided that the overall impact of such an approach is equivalent to that resulting from paragraph 1.

Added6. ▌Member States may ▌ take measures to ensure the provision of advice to users concerning the replacement of generators, other modifications to the system and alternative solutions to assess the ▌efficiency and appropriate size of those systems.

Added▌

Added9. Buildings that comply with Article 11(4b) or ( 4c) shall be exempt from the requirements laid down in paragraph 1 of this Article.

Added10. Member States shall put in place inspection schemes ▌ including digital tools for industry size installations, and checklists, to verify compliance with the capability requirements set out in Article 11(4b) and (4c), and to certify that the delivered construction and renovation works meet the designed energy performance and are compliant with the minimum energy performance requirements operational greenhouse gas emissions, indoor environmental quality, and fire safety requirements as laid down in by the building codes or equivalent regulations.

Added11. Member States shall include a summarised analysis of the inspection schemes and their results as an annex to the building renovation plan referred to in Article 3. Article 21

AddedReports on the inspection of heating , ventilation and air-conditioning systems

Added1. An inspection report shall be issued after each inspection of a heating, ventilation, air-conditioning, or building automation and control system. The inspection report shall contain the result of the inspection performed in accordance with Article 20 and include recommendations for the cost-optimal improvement of the energy performance and safety of the inspected system.

AddedThose recommendations may be based on a comparison of the energy performance of the system inspected with that of the best available feasible system, using energy saving technologies, and a system of similar type for which all relevant components achieve the level of energy performance required by the applicable legislation.

Added2. The inspection report shall be handed over to the owner or tenant of the building.

Added2a. In the case of fossil fuel powered technical building systems, the recommendations shall provide for alternative renewables based systems or, for any residual demand, for connections to efficient district heating and cooling systems. The recommendations shall consider the economic lifetime of the current installation.

Added3. The inspection report shall be uploaded into the national database for energy performance of buildings pursuant to Article 19.

AddedIndependent experts

Added1. Member States shall ensure that the energy performance certification of buildings, the establishment of renovation passports, the smart readiness assessment, the inspection of heating systems and air-conditioning systems are carried out in an independent manner by qualified or certified companies and experts, using test equipment certified in accordance with EN standards, whether operating in a self-employed capacity or employed by public bodies or private enterprises.

AddedExperts shall be certified in accordance with Article 26 of Directive (EU) …/… [recast EED] taking into account their competence.

Added2. Member States shall make available to the public information on training and certifications. Member States shall ensure that either regularly updated lists of qualified or certified experts or regularly updated lists of certified companies which offer the services of such experts are made available to the public.

AddedCertification of building professionals

Added1. By ...[date set out in Article 26(4) [recast EED]], Member States shall establish a national action plan to provide a sufficient and adequately skilled workforce and ensure the appropriate level of competence for building professionals and construction companies, carrying out integrated renovation works in line with the established targets and measurable progress indicators pursuant to Article 3(1) of this Directive and Article 26 of [recast EED].

Added1a. To achieve a sufficient number of professionals in accordance with paragraph 1, Member States shall ensure that sufficient training programmes leading to qualification and certification covering integrated works, including the latest innovative solutions therefore, are made available. Member States shall put in place measures to promote participation in such programmes, in particular by microenterprises, SMEs and self-employed persons.

Added2. Where appropriate and feasible, Member States shall ensure that certification or equivalent qualification schemes are available for providers of integrated renovation works, such as construction companies, where this is not covered by Article 18(3) of Directive (EU) 2018/2001 [amended RED] or Article 26 of Directive (EU) …/….[recast EED].

AddedIndependent control system

Added1. Member States shall ensure that independent control systems for energy performance certificates are established in accordance with Annex VI, and that independent control systems for renovation passports, smart readiness indicators and reports on the inspection of heating and air-conditioning systems are established. Member States may establish separate systems for the control of energy performance certificates, renovation passports, smart readiness indicators and reports on the inspection of heating and air-conditioning systems.

Added2. The Member States may delegate the responsibilities for implementing the independent control systems.

AddedWhere the Member States decide to do so, they shall ensure that the independent control systems are implemented in compliance with Annex VI.

Added3. Member States shall require the energy performance certificates, the renovation passports, the smart readiness indicators and the inspection reports referred to in paragraph 1 to be made available to the competent authorities or bodies on request.

AddedReview

AddedThe Commission, assisted by the Committee referred to in Article 30, shall review this Directive by the end of 2027 at the latest, in the light of the experience gained and progress made during its application, and, if necessary, make proposals.

AddedAs part of that review, the Commission shall:

Added(a) assess whether the application of this Directive in combination with other legislative instruments addressing energy efficiency and greenhouse gas emissions from buildings, in particular through carbon pricing, deliver sufficient progress towards achieving a fully decarbonised, zero-emission building stock by 2050, or whether further binding measures at Union level, in particular mandatory minimum energy performance standards across the whole building stock, need to be introduced;

Added(b) assess the adequate legal instrument, level and timeline of reduction targets for the Union building stock life-cycle GWP, on the basis of the harmonised framework referred to in Article 1(2), point (da);

Added(c) determine how to take into account in all measures at Union level a holistic approach at all spatial scales, including landscape architecture, urban planning, infrastructure, and design, thus promoting a sustainable built environment.

AddedThe Commission shall ▌examine in what manner Member States have applied integrated district or neighbourhood approaches in Union building and energy efficiency policy, while ensuring that each building meets the minimum energy performance requirements, and including how such approaches can be used to meet Union standards by means of IRPs applying to a number of buildings in a spatial context instead of a single building.

AddedInformation

Added1. Member States shall prepare and carry out information and awareness-raising campaigns on an ongoing basis in order to promote public interest and support for the improvement of energy efficiency of buildings and the achievement of the objectives of this Directive. They shall take the necessary measures to inform the owners and tenants of buildings or building units and all relevant market actors, including local and regional authorities and energy communities, of the different methods and practices that serve to enhance energy performance, such as energy management services, energy performance contracting, and the one-stop shops established pursuant to Article 15a. In particular, Member States shall take the necessary measures to provide tailor-made information to vulnerable households. That information shall also be passed through local authorities and civil society organisations.

AddedMember States shall inform the owners, tenants and facility managers of buildings of the different methods and practices that serve to enhance the energy and emission performance, fire, electrical, and seismic safety of a building.

Added2. Member States shall in particular provide information to the owners or tenants of buildings on energy performance certificates, including their purpose and objectives, on cost-optimal measures and, where appropriate, financial instruments, to improve the energy performance of the building, and on replacing fossil fuel boilers with more sustainable alternatives. Member States shall provide the information through accessible and transparent advisory tools such as renovation advice and the one-stop shops established pursuant to Article 15a, paying particular attention to vulnerable households.

AddedAt the request of the Member States, the Commission shall assist Member States in staging information campaigns for the purposes of paragraph 1 and the first subparagraph of this paragraph, which may be dealt with in Union programmes.

Added3. Member States shall ensure that guidance and training, including a gender perspective, are made available, for those responsible for implementing this Directive. Such guidance and training shall address the importance of improving energy performance, and shall enable consideration of the optimal combination of improvements in energy efficiency, reduction of greenhouse gas emissions, [use of energy from renewable sources and use of district heating and cooling] when planning, designing, building and renovating industrial or residential areas. Such guidance and training shall also address structural improvements, adaptation to climate change, fire safety, risks related to intense seismic activity, the removal of hazardous substances including asbestos, air pollutant emissions (including fine particulate matter), indoor environmental quality and accessibility for persons with disabilities. Member States shall endeavour to allocate funding for training to local and regional authorities, renewable energy communities and citizen energy communities that promote energy performance improvements, energy efficiency, renewable energy and the reduction of greenhouse gas emissions at a neighbourhood level and in particular, to vulnerable households.

Added4. The Commission shall continuously improve its information services, in particular the website that has been set up as a European portal for energy efficiency in buildings directed towards citizens, professionals and authorities, in order to assist Member States in their information and awareness-raising efforts. Information displayed on that website might include links to relevant ▌Union law and national, regional and local rules, links to Europa websites that display the National Energy Efficiency Action Plans, links to available financial instruments, as well as best practice examples at national, regional and local level, including with regard to the one-stop shops established pursuant to Article 15a. In the context of the European Regional Development Fund, the Cohesion Fund and the Just Transition Fund, the Social Climate Fund, and the Recovery and Resilience Facility, the Commission shall continue and further intensify its information services with the aim of facilitating the use of available funds by providing assistance and information, including through the European Local Energy Assistance facility in cooperation with the European Investment Bank to interested stakeholders, including national, regional and local authorities, on funding possibilities, taking into account the latest changes in the regulatory framework.

AddedConsultation

AddedIn order to facilitate the effective implementation of this Directive, Member States shall consult the stakeholders involved, including local and regional authorities, in accordance with the national legislation applicable and as relevant. Such consultation is of particular importance for the application of Article 26.

AddedAdaptation of Annex I to technical progress

AddedThe Commission shall adopt delegated acts in accordance with Article 29:

Added(a) amending this Directive by adapting points 4 and 5 of Annex I to technical progress; and

Added(b) Supplementing this Directive by including guidance to Members States about the assessment of the energy performance of transparent building elements that form part of the building envelope.

AddedExercise of the delegation

Added1. The power to adopt delegated acts is conferred on the Commission subject to the conditions laid down in this Article.

Added2. The power to adopt delegated acts referred to in Articles 6 7, 10, 11a, 13, 14(4a), 15 and 28 shall be conferred on the Commission for an indeterminate period of time from ... [date of entry into force of this Directive].

Added3. The delegation of power referred to in Articles 6,7, 10, 11a, 13, , 14(4a), 15 and 28 may be revoked at any time by the European Parliament or by the Council. A decision to revoke shall put an end to the delegation of the power specified in that decision. It shall take effect the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force.

Added4. Before adopting a delegated act, the Commission shall consult experts designated by each Member State in accordance with the principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law-Making.

Added5. As soon as it adopts a delegated act, the Commission shall notify it simultaneously to the European Parliament and to the Council.

Added6. A delegated act adopted pursuant to Article 6, 7, 10, 11a, 13, 14(4a), 15, or 28 shall enter into force only if no objection has been expressed either by the European Parliament or the Council within a period of two months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by two months at the initiative of the European Parliament or of the Council.

AddedCommittee procedure

Added1. The Commission shall be assisted by a committee. That committee shall be a committee within the meaning of Regulation (EU) No 182/2011.

Added2. Where reference is made to this paragraph, Article 4 of Regulation (EU) No 182/2011 shall apply.