Changes from adopted text to adopted text

Removed(131) This Directive should be without prejudice to the obligations of the Member States relating to the time-limits for the transposition into national law of the Directives set out in Annex XV, Part B,

RemovedHAVE ADOPTED THIS DIRECTIVE:

RemovedCHAPTER I

RemovedSUBJECT MATTER, SCOPE, DEFINITIONS AND ENERGY EFFICIENCY TARGETS

RemovedArticle 1

RemovedSubject matter and scope

Removed1. This Directive establishes a common framework of measures to promote energy efficiency within the Union in order to ensure that the binding Union's target on energy efficiency is met and enables further energy efficiency improvements, contributing to the implementation of the Paris Agreement and to the Union’s security of energy supply through reducing its dependence on energy imports, including fossil fuels, while transforming the Union's energy relations with third country partners towards achieving climate neutrality.

RemovedThis Directive lays down rules designed to implement energy efficiency as a priority across all sectors, remove barriers in the energy market and overcome market failures that impede efficiency in the supply, transmission, storage and use of energy. It also provides for the establishment of binding national energy efficiency contributions for 2030.

RemovedThis Directive contributes to the implementation of the energy efficiency first principle, thus contributing to the Union as an inclusive, fair and prosperous society with a modern, resource-efficient and competitive economy.

Removed2. The requirements laid down in this Directive are minimum requirements and shall not prevent any Member State from maintaining or introducing more stringent measures. Such measures shall be compatible with Union law. Where national legislation provides for more stringent measures, the Member State shall notify such legislation to the Commission.

RemovedArticle 2

RemovedDefinitions

RemovedFor the purposes of this Directive, the following definitions shall apply:

Removed(1) ‘energy’ means all forms of energy products, combustible fuels, heat, renewable energy, electricity, or any other form of energy, as defined in Article 2(d) of Regulation (EC) No 1099/2008 of the European Parliament and of the Council ;

Removed(2) ‘energy efficiency first’ means ‘energy efficiency first’ as defined in point (18) of Article 2 of Regulation (EU) 2018/1999;

Removed(3) `energy system´ means a system primarily designed to supply energy-services to satisfy the demand of end-use sectors for energy in the forms of heat, fuels, and electricity;

Removed(3a) ‘system efficiency’ means the selection of energy-efficient solutions where they also enable a cost-effective decarbonisation pathway, additional flexibility and the efficient use of resources;

Removed(4) ‘primary energy consumption’ means gross available energy, excluding international maritime bunkers, final non-energy consumption, ambient heat and geothermal energy used in heat pumps;

Removed(5) ‘final energy consumption’ means all energy supplied to industry, transport (including energy consumption in international aviation), households, public and private services, agriculture, forestry and fishing and other end-users (final consumers of energy). It excludes energy consumption in international maritime bunkers, ambient heat and geothermal energy used in heat pumps and deliveries to the transformation sector, and the energy sector and losses due to transmission and distribution (definitions in Annex A of Regulation (EC) No 1099/2008 apply);

Removed(6) ‘energy efficiency’ means the ratio of output of performance, service, goods or energy, to input of energy;

Removed(7) ‘energy savings’ means an amount of saved energy determined by measuring and/or estimating consumption before and after implementation of an energy efficiency improvement measure, whilst ensuring normalisation for external conditions that affect energy consumption;

Removed(8) ‘energy efficiency improvement’ means an increase in energy efficiency as a result of technological, behavioural and/or economic changes;

Removed(9) ‘energy service’ means the physical benefit, utility or good derived from a combination of energy with energy-efficient technology or with action, which may include the operations, maintenance and control necessary to deliver the service, which is delivered on the basis of a contract and in normal circumstances has proven to result in verifiable and measurable or estimable energy efficiency improvement or primary energy savings;

Removed(10) ‘public bodies’ means ‘contracting authorities’ as defined in Directive 2014/24/EU of the European Parliament and of the Council ;

Removed(10a) ‘buildings for social purposes’ means buildings solely occupied by bodies other than public bodies, which are publicly funded and which provide services of general interest, such as education, health, social services or social housing;

Removed(11) ‘total useful floor area’ means the floor area of a building or part of a building, where energy is used to condition the indoor climate;

Removed(12) ‘contracting authorities’ means contracting authorities as defined in Article Articles 6(1), 2(1) and 3(1) of Directives 2014/23/EU, Directive 2014/24/EU and Directive 2014/25/EU respectively;

Removed(13) ‘contracting entities’ means contracting entities as defined in Directives 2014/23/EU and 2014/25/EU respectively;

Removed(14) ‘energy management system’ means a set of interrelated or interacting elements of a plan which sets an energy efficiency objective and a strategy to achieve that objective , including monitoring of actual energy consumption, actions taken to increase energy efficiency and measurement of progress;

Removed(15) ‘European standard’ means a standard adopted by the European Committee for Standardisation, the European Committee for Electrotechnical Standardisation or the European Telecommunications Standards Institute and made available for public use;

Removed(16) ‘international standard’ means a standard adopted by the International Standardisation Organisation and made available to the public;

Removed(17) ‘obligated party’ means an energy distributor or retail energy sales company or transmission system operator that is bound by the national energy efficiency obligation schemes referred to in Article 9;

Removed(18) ‘entrusted party’ means a legal entity with delegated power from a government or other public body to develop, manage or operate a financing scheme on behalf of the government or other public body;

Removed(19) ‘participating party’ means an enterprise or public body that has committed itself to reaching certain objectives under a voluntary agreement, or is covered by a national regulatory policy instrument;

Removed(20) ‘implementing public authority’ means a body governed by public law which is responsible for the carrying out or monitoring of energy or carbon taxation, financial schemes and instruments, fiscal incentives, standards and norms, energy labelling schemes, training or education;

Removed(21) ‘policy measure’ means a regulatory, financial, fiscal, voluntary or information provision instrument formally established and implemented in a Member State to create a supportive framework, requirement or incentive for market actors to provide and purchase energy services and to undertake other energy efficiency improvement measures;

Removed(22) ‘individual action’ means an action that leads to verifiable, and measurable or estimable, energy efficiency improvements and is undertaken as a result of a policy measure;

Removed(23) ‘energy distributor’ means a natural or legal person, including a distribution system operator, responsible for transporting energy with a view to its delivery to final customers or to distribution stations that sell energy to final customers;

Removed(24) ‘distribution system operator’ means ‘distribution system operator’ as defined in Article 2(29) of Directive (EU) 2019/944 , as regards electricity, and Article 2(6) of Directive 2009/73/EC , as regards gas, respectively;

Removed(25) ‘retail energy sales company’ means a natural or legal person who sells energy to final customers;

Removed(26) ‘final customer’ means a natural or legal person who purchases energy for own end use;

Removed(27) ‘energy service provider’ means a natural or legal person who delivers energy services or energy efficiency improvement measures in a final customer’s facility or premises;

Removed(27a) ‘small or medium-sized enterprise’ or ‘SME’ means an enterprise as defined in Article 2(1) of the Annex to the Commission Recommendation 2003/361/EC;

Removed(27b) ‘microenterprise’ means an enterprise as defined in Article 2(3) of the Annex to Recommendation 2003/361/EC;

Removed(28) ‘energy audit’ means a systematic procedure with the purpose of obtaining adequate knowledge of the energy consumption and management profile of a building or group of buildings, an industrial or commercial operation or installation or a private or public service, identifying and quantifying opportunities for cost-effective energy savings identifying the potential for cost-effective use or production of renewable energy and reporting the findings;

Removed(29) ‘energy performance contracting’ means a contractual arrangement between the beneficiary and the provider of an energy efficiency improvement measure, verified and monitored during the whole term of the contract, where work, supply or service in that measure are paid for in relation to a contractually agreed level of energy efficiency improvement or other agreed energy performance criterion, such as financial savings;

Removed(30) ‘smart metering system’ or ‘intelligent metering system’ means ’smart metering system’ as defined in Directive (EU) 2019/944 ;

Removed(30a) ‘recharging point’ means a recharging point as defined in Article 2(41) of Directive ... [AFIR - 2021/0223(COD)];

Removed(31) ‘transmission system operator’ means ‘transmission system operator’ as defined in in Article 2(35) of Directive (EU) 2019/944 and Directive 2009/73/EC, for electricity and gas, respectively;

Removed(32) ‘cogeneration’ means the simultaneous generation in one process of thermal energy and electrical or mechanical energy;

Removed(33) ‘economically justifiable demand’ means demand that does not exceed the needs for heating or cooling and which would otherwise be satisfied at market conditions by energy generation processes other than cogeneration;

Removed(34) ‘useful heat’ means heat produced in a cogeneration process to satisfy economically justifiable demand for heating or cooling;

Removed(35) ‘electricity from cogeneration’ means electricity generated in a process linked to the production of useful heat and calculated in accordance with the methodology laid down in Annex II;

Removed(36) ‘high-efficiency cogeneration’ means cogeneration meeting the criteria laid down in Annex III;

Removed(37) ‘overall efficiency’ means the annual sum of electricity and mechanical energy production and useful heat output divided by the fuel input used for heat produced in a cogeneration process and gross electricity and mechanical energy production;

Removed(38) ‘power-to-heat ratio’ means the ratio of electricity from cogeneration to useful heat when operating in full cogeneration mode using operational data of the specific unit;

Removed(39) ‘cogeneration unit’ means a unit that is able to operate in cogeneration mode;

Removed(40) ‘small-scale cogeneration unit’ means a cogeneration unit with installed capacity below 1 MWe;

Removed(41) ‘micro-cogeneration unit’ means a cogeneration unit with a maximum capacity below 50 kWe;

Removed(42) ‘efficient district heating and cooling’ means a district heating or cooling system meeting the criteria laid down in Article 24;