Changes from report parliamentary committee draft to plenary report

RemovedArticle 9 – paragraph 1 – subparagraph 1 – point a – introductory part: (a) buildings and building units owned, operated or occupied by public bodies achieve at the latest:

Added31. ‘cost-optimal level’ means the energy performance level which leads to the lowest cost during the estimated economic lifecycle, established by applying the cost-optimal methodology where:

RemovedArticle 9 – paragraph 1 – subparagraph 1 – point a – point i: (i) after 1 January 2027, at least energy performance class D; and

Added(a) the lowest cost is determined taking into account:

RemovedArticle 9 – paragraph 1 – subparagraph 1 – point a – point ii: (ii) after 1 January 2030, at least energy performance class C;

Added(i) the category and use of building concerned:

RemovedArticle 9 – paragraph 1 – subparagraph 1 – point b – point i: (i) after 1 January 2027, at least energy performance class D; and

Added(ii) energy-related investment costs based on official forecasts;

RemovedArticle 9 – paragraph 1 – subparagraph 1 – point b – point ii: (ii) after 1 January 2030, at least energy performance class C;

Added(iii) maintenance and operating costs, including energy costs taking into account the cost of greenhouse gas allowances;

RemovedArticle 9 – paragraph 1 – subparagraph 1 – point c – point i: (i) after 1 January 2030, at least energy performance class D; and

Added(iv) environmental and health externalities of energy use;

RemovedArticle 9 – paragraph 1 – subparagraph 1 – point c – point ii: (ii) after 1 January 2033, at least energy performance class C;

Added(v) earnings from energy produced on-site, where applicable;

RemovedArticle 9 – paragraph 1 – subparagraph 2: Member States shall establish linear timelines for the buildings referred to in this paragraph to achieve higher energy performance classes, in line with the pathway for transforming the national building stock into zero-emission buildings and achieving the climate neutrality target.

Added(vi) waste management costs, where applicable; ▌

RemovedArticle 9 – paragraph 2 – subparagraph 1: 2. In addition to the minimum energy performance standards established pursuant to paragraph 1, each Member State shall establish minimum energy performance standards for the renovation of all other existing buildings.

Added(via) social externalities of building renovations, construction, demolition including the modification of built areas;(b) the estimated economic lifecycle is determined by each Member State and refers to the remaining estimated economic lifecycle of a building where energy performance requirements are set for the building as a whole, or to the estimated economic lifecycle of a building element where energy performance requirements are set for building elements.

RemovedArticle 9 – paragraph 2 – subparagraph 2: The minimum energy performance standards shall be designed with a view to the national roadmap and the quinquennial targets contained in the Member State’s building renovation plan and to the transformation of the national building stock into zero-emission buildings by 2050.

AddedThe cost-optimal level shall lie within the range of performance levels where the cost benefit analysis calculated over the estimated economic lifecycle is positive;

RemovedArticle 9 – paragraph 3 – point c: (c) designing integrated financing schemes which provide incentives for deep renovations by providing the highest financial support to renovations bringing the building, especially worst performing ones, to the highest energy class;

Added32. ‘recharging point’ means a recharging point as defined in Article 2(41) of [AFIR];

RemovedArticle 9 – paragraph 5 – introductory part: 5. Member States may decide not to apply the minimum energy performance standards referred to in paragraphs 1 and 2 to the following categories of buildings from the moment these buildings have achieved energy class D and in so far as compliance with higher standards would unacceptably alter their character or appearance:

Added32a. 'pre-cabling' means all measures that are necessary to enable the installation of recharging points, including data transmission, cable routes, spaces for transformers and electricity meters, and upgrade of the electrical board;

RemovedArticle 9 a (new): Article 9a / Solar energy in buildings / 1. Member States shall ensure that by 1 January 2025 all new buildings are designed to optimise their solar energy generation potential on the basis of the solar irradiance of the site and enable the cost-effective installation of solar technologies. / 2. Member States shall ensure that all existing buildings undergoing major renovation, renovation of the roof, or replacement of technical building systems are combined with the deployment of suitable solar energy installations. / 3. Member States shall ensure that suitable solar energy installations are deployed: / (a) by 1 January 2025, on all new public and commercial buildings with useful floor area larger than 250 square meters; / (b) by 31 December 2027, on all existing public and commercial buildings with useful floor area larger than 250 square meters; and / (c) by 31 December 2030, on all existing buildings. / Member States shall define and make publicly available national criteria for the practical implementation of these obligations, in accordance with the assessed technical and economic potential of the solar energy installations and the characteristics of the buildings covered by this obligation. / 4. Member States shall establish a pathway with numerical targets for their national contribution to the deployment of solar energy and heat pumps in buildings in their national building renovation plans in accordance with Article 3, with a view to reaching the Union’s objective o…

Added33. ‘micro isolated system’ means any system with consumption less than 500 GWh in the year 2022, where there is no connection with other systems;

RemovedDirective COM(2022) 222 (final) amending Directive (EU) 2018/2001 on the promotion of the use of energy from renewable sources, Directive 2010/31/EU on the energy performance of buildings and Directive 2012/27/EU on energy efficiency introduces a new Article 9a on solar energy in buildings, also in line with the requirements for zero emission buildings spelled out in Article 7 and Annex III of this Directive. The amendment is hence inextricably linked to other admissible amendments.

Added34. ‘smart charging’ means smart charging as defined in Article 2(14l) of Directive (EU) 2018/2001 [amended RED];

RemovedArticle 10 – paragraph 2: 2. By 1 July 2024, Member States shall introduce a scheme of renovation passports implementing the common framework established in accordance with paragraph 1.

Added35. ‘bidirectional charging’ means bidirectional charging as defined in Article 2(14n) of Directive (EU) 2018/2001 [amended RED];

RemovedArticle 10 – paragraph 3 – point a: (a) it shall be issued both digitally and in a design suitable for printing by a qualified and certified expert, following an on-site visit;

Added35a. ‘digitally connected recharging point’ means a recharging point that can send and receive information in real time, that can communicate bidirectionally with the electricity grid and the electric vehicle, and that can be remotely monitored and controlled, including to start and stop the recharging session and to measure electricity flows;

RemovedArticle 10 – paragraph 3 – point b: (b) it shall comprise a holistic renovation roadmap indicating a limited sequence of renovation steps building upon each other, with the objective to transform the building into a zero-emission building by 2050 at the latest and in line with the energy efficiency first principle;

Added36. 'mortgage portfolio standards’ means mechanisms requiring mortgage lenders, including banks, investors, and other relevant financial institutions, such as final holders of mortgages housed in special purpose vehicles, securitisation companies and other intermediate bodies, to establish a path to increase the median energy performance of the portfolio of buildings covered by their mortgages towards 2030 and 2050, with a view to ensuring reliable, evidence-based and affordable solutions for their clients, in line with the Union’s decarbonisation ambition and national building renovation plans and relevant energy targets in the area of energy consumption in buildings, relying on the definition of sustainable economic activities in the EU Taxonomy and in line with energy performance certificates and the life-cycle GWP, in accordance with this Directive; 36a. ‘pay-as-you-save financial scheme’ means a loan scheme dedicated exclusively to energy performance improvements, where the annualised repayments on the loan do not exceed the monetary equivalent of the yearly energy savings, taking into account the indexation of the energy cost and loan re-financing;

RemovedArticle 10 – paragraph 3 – point c: (c) it shall indicate the expected benefits in terms of individual or collective generation and self consumption of renewable energy, energy savings, savings on energy bills and whole life-cycle greenhouse gas emmissions reductions, the estimated costs for each renovation step, the Bill of Materials as well as wider benefits related to health, comfort, indoor environmental quality, safety such as fire, electrical, and seismic safety, and the improved adaptive capacity of the building to climate change, circularity and sufficiency; and

Added36b. ‘energy building benchmark’ means an information platform to publicly disclose energy performance and yearly consumptions of single and multi-unit buildings over time, compared to similar buildings or to modelled simulations of a reference building built to a specific standard, such as minimum energy performance standards, and using the range of energy performance classes;

RemovedArticle 10 – paragraph 3 – point d: (d) it shall contain information about potential financial and technical support and updated contact details of the nearest one-stop-shop.

Added37. ‘digital building logbook’ means a common repository for all relevant building data, including data related to energy performance such as energy performance certificates, renovation passports and smart readiness indicators, as well as on the life-cycle GWP and indoor environmental quality, which facilitates informed decision making and information sharing within the construction sector, among building owners and occupants, financial institutions and public authorities;

RemovedArticle 11 – paragraph 1 – subparagraph 1: 1. Member States shall, for the purpose of optimising the energy use of technical building systems, set system requirements in respect of the overall energy performance, the proper installation, and the appropriate dimensioning, adjustment and control of the technical building systems especially for hydronic balancing which are installed in new or existing buildings. When setting up the requirements, Member States shall require the use of technologies that belong in the five highest efficiency classes in accordance with Commission Delegated Regulation 811/20131a and Commission Delegated Regulation 812/20131b. / 1a Commission Delegated Regulation (EU) No 811/2013 of 18 February 2013 supplementing Directive 2010/30/EU of the European Parliament and of the Council with regard to the energy labelling of space heaters, combination heaters, packages of space heater, temperature control and solar device and packages of combination heater, temperature control and solar device (OJ L 239, 6.9.2013, p. 1). / 1b Commission Delegated Regulation (EU) No 812/2013 of 18 February 2013 supplementing Directive 2010/30/EU of the European Parliament and of the Council with regard to the energy labelling of water heaters, hot water storage tanks and packages of water heater and solar device (OJ L 239, 6.9.2013, p. 83).

Added38. ‘air-conditioning system’ means a combination of the components required to provide a form of indoor air treatment, by which temperature is controlled or can be lowered;

RemovedThe amendment is inextricably linked to other admissible amendments.

Added39. ‘heating system’ means a combination of the components required to provide a form of indoor air treatment, by which the temperature is increased;

RemovedArticle 11 – paragraph 1 – subparagraph 3: Member States shall set requirements related to the type of fuel used by heat generators in line with phasing out fossil fuels in heating and cooling by 2035 at the latest.

Added40. ‘heat generator’ means the part of a heating system that generates useful heat for uses identified in Annex I, using one or more of the following processes:

RemovedThis Directive introduces the provisions on phasing out fossil fuel use in buildings in Article 15 § 10, Article 26 § 2, and Article 11. Therefore, the amendment is inextricably linked to other admissible amendments.

Added(a) the combustion of fuels in, for example, a boiler;

RemovedArticle 11 – paragraph 1 – subparagraph 4: [Member States shall ensure that the requirements they set for technical building systems reach at least the latest cost-optimal levels.]

Added(b) the Joule effect, taking place in the heating elements of an electric resistance heating system;

RemovedThe concept of “cost optimality” is insufficiently framed in this Directive and the empowerment should also be subject to review. The co-legislators should consider anchoring in the legislative act other general principles framing this concept.

Added(c) capturing heat from ambient air, ventilation exhaust air, or a water or ground heat source using a heat pump;

RemovedArticle 11 – paragraph 3: 3. Member States shall require zero-emission buildings to be equipped with measuring and control devices for the monitoring and regulation of indoor environmental quality. In new and existing buildings undergoing a major renovation, the installation of such devices shall be required, where technically and economically feasible. When considering the economic feasibility of an installation, Member States shall also take fully account of health benefits of the renovation.

Added40a. ‘heat pump’ means a machine, a device or an installation that transfers heat from a source such as the air, water or the ground, to sinks such as buildings or industrial applications, for the purpose of providing heating, cooling or domestic hot water;

RemovedArticle 11 – paragraph 4: 4. Member States shall ensure that, when a technical building system is installed or partly altered, the overall energy performance of the altered part, and where relevant, of the complete altered system, is assessed. The results shall be documented and passed on to the building owner, so that they remain available and can be used for the verification of compliance with the minimum requirements laid down pursuant to paragraph 1 and the issue of energy performance certificates.

Added41. ‘energy performance contracting’ means energy performance contracting as defined in Article 2, point (29), of Directive (EU) …/… [recast Energy Efficiency Directive]

RemovedArticle 11 – paragraph 4 a (new): 4a. Member States shall implement measures with a view to the phase out of fossil fuel based technical building systems, in particular: / (a) a prohibition against the installation of fossil fuel infrastructure in new buildings from ... [the date of entry into force of this recast Directive]; / (b) a prohibition against the installation of fossil fuel based technical building systems in renovated buildings as ... [of the entry into force of this recast Directive]; / (c) a complete phase-out of the use of fossil fuel based technical building systems in all buildings by 2035 at the latest;

Added42. ‘boiler’ means the combined boiler body-burner unit, designed to transmit to fluids the heat released from burning;

RemovedThis Directive introduces the provisions on phasing out fossil fuel use in buildings in Article 15 § 10, Article 26 § 2, and Article 11. Therefore, the amendment is inextricably linked to other admissible amendments.

Added43 ‘effective rated output’ means the maximum calorific output, expressed in kW, specified and guaranteed by the manufacturer as being deliverable during continuous operation while complying with the useful efficiency indicated by the manufacturer;

RemovedArticle 11 – paragraph 4 b (new): 4b. Member States shall require that, where technically and economically feasible, non-residential buildings are equipped with automatic lighting controls. / The automatic lighting controls shall be capable of: / (a) zoned occupancy control for indoor lighting with automatic detection; / (b) zoned automatic dimming of the lighting power based on daylight levels (when daylight is present); / (c) enabling continuous monitoring, logging and fault detection; / (d) allowing end-user control; and / (e) allowing communication with relevant connected technical building systems inside the building.

Added44. ‘district heating’ or ‘district cooling’ means the distribution of thermal energy in the form of steam, hot water or chilled liquids, from a central source of production through a network to multiple buildings or sites, for the use of space or process heating or cooling;