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Official Journal of the European Communities DIRECTIVE 2002/91/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
of 16 December 2002
on the energy performance of buildings
THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE Council Directive 93/76/EEC of 13 September 1993 to limit carbon dioxide emissions by improving energy effi-ciency (SAVE) (5), which requires Member States to Having regard to the Treaty establishing the European Commu- develop, implement and report on programmes in the nity, and in particular Article 175(1) thereof, field of energy efficiency in the building sector, is nowstarting to show some important benefits. However, a Having regard to the proposal from the Commission (1), complementary legal instrument is needed to lay downmore concrete actions with a view to achieving the greatunrealised potential for energy savings and reducing the Having regard to the opinion of the Economic and Social large differences between Member States' results in this Having regard to the opinion of the Committee of theRegions (3), Council Directive 89/106/EEC of 21 December 1988 on Acting in accordance with the procedure laid down in Article the approximation of laws, regulations and administra- tive provisions of the Member States relating toconstruction products (6) requires construction works and their heating, cooling and ventilation installations tobe designed and built in such a way that the amount ofenergy required in use will be low, having regard to the Article 6 of the Treaty requires environmental protection climatic conditions of the location and the occupants.
requirements to be integrated into the definition andimplementation of Community policies and actions.
The natural resources, to the prudent and rational utilisa-tion of which Article 174 of the Treaty refers, include The measures further to improve the energy perfor- oil products, natural gas and solid fuels, which are essen- mance of buildings should take into account climatic tial sources of energy but also the leading sources of and local conditions as well as indoor climate environ- ment and cost-effectiveness. They should not contraveneother essential requirements concerning buildings suchas accessibility, prudence and the intended use of the Increased energy efficiency constitutes an important part of the package of policies and measures needed tocomply with the Kyoto Protocol and should appear inany policy package to meet further commitments.
The energy performance of buildings should be calcu- Demand management of energy is an important tool lated on the basis of a methodology, which may be enabling the Community to influence the global energy differentiated at regional level, that includes, in addition market and hence the security of energy supply in the to thermal insulation other factors that play an increas- ingly important role such as heating and air-condi-tioning installations, application of renewable energy In its conclusions of 30 May 2000 and of 5 December sources and design of the building. A common approach 2000, the Council endorsed the Commission's action to this process, carried out by qualified and/or accredited plan on energy efficiency and requested specific experts, whose independence is to be guaranteed on the basis of objective criteria, will contribute to a levelplaying field as regards efforts made in Member States to The residential and tertiary sector, the major part of energy saving in the buildings sector and will introduce which is buildings, accounts for more than 40 % of final transparency for prospective owners or users with regard to the energy performance in the Community property expanding, a trend which is bound to increase its energy consumption and hence also its carbon dioxide emis-sions.
(1) OJ C 213 E, 31.7.2001, p. 266 and OJ C 203 E, 27.8.2002, p. 69.
The Commission intends further to develop standards such as EN 832 and prEN 13790, also including consid- eration of air-conditioning systems and lighting.
(4) Opinion of the European Parliament of 6 February 2002 (not yet published in the Official Journal), Council Common Position of 7 June 2002 (OJ C 197, 20.8.2002, p. 6) and decision of the European Parliament of 10 October 2002 (not yet published in the (6) OJ L 40, 11.2.1989, p. 12. Directive as amended by Directive 93/ Buildings will have an impact on long-term energyconsumption and new buildings should therefore meetminimum energy performance requirements tailored tothe local climate.
Best practice should in this respect shouldshoul3for:tiveibluWuWu'wx'xk.q.qrin uWWuWWu—.u:uTfa'k3qKkukK6aKahdkKwfL0wx6iq,0i6hfudingur.-rwudingur.gteru3:s6q,0i6ee.nith.ox4l4.v-ut.-in Official Journal of the European Communities Provision should be made for the possibility of rapidly 3. ‘energy performance certificate of a building’: a certificate adapting the methodology of calculation and of Member recognised by the Member State or a legal person designated States regularly reviewing minimum requirements in the by it, which includes the energy performance of a building field of energy performance of buildings with regard to calculated according to a methodology based on the general technical progress, inter alia, as concerns the insulation properties (or quality) of the construction material, andto future developments in standardisation.
4. ‘CHP’ (combined heat and power): the simultaneous conver- sion of primary fuels into mechanical or electrical and The measures necessary for the implementation of this thermal energy, meeting certain quality criteria of energy Directive should be adopted in accordance with Council Decision 1999/468/EC of 28 June 1999 laying downthe procedures for the exercise of implementing powers 5. ‘air-conditioning system’: a combination of all components required to provide a form of air treatment in whichtemperature is controlled or can be lowered, possibly incombination with the control of ventilation, humidity andair cleanliness; 6. ‘boiler’: the combined boiler body and burner-unit designed to transmit to water the heat released from combustion; 7. ‘effective rated output (expressed in kW)’: the maximum Objective
calorific output specified and guaranteed by the manufac- The objective of this Directive is to promote the improvement turer as being deliverable during continuous operation while of the energy performance of buildings within the Community, complying with the useful efficiency indicated by the manu- taking into account outdoor climatic and local conditions, as well as indoor climate requirements and cost-effectiveness.
8. ‘heat pump’: a device or installation that extracts heat at low This Directive lays down requirements as regards: temperature from air, water or earth and supplies the heatto the building.
(a) the general framework for a methodology of calculation of the integrated energy performance of buildings; (b) the application of minimum requirements on the energy (c) the application of minimum requirements on the energy Adoption of a methodology
performance of large existing buildings that are subject tomajor renovation; Member States shall apply a methodology, at national orregional level, of calculation of the energy performance of (d) energy certification of buildings; and buildings on the basis of the general framework set out in the (e) regular inspection of boilers and of air-conditioning Annex. Parts 1 and 2 of this framework shall be adapted to systems in buildings and in addition an assessment of the technical progress in accordance with the procedure referred to heating installation in which the boilers are more than 15 in Article 14(2), taking into account standards or norms applied in Member State legislation.
This methodology shall be set at national or regional level.
Definitions
The energy performance of a building shall be expressed in atransparent manner and may include a CO emission indicator.
For the purpose of this Directive, the following definitions shallapply: 1. ‘building’: a roofed construction having walls, for which energy is used to condition the indoor climate; a buildingmay refer to the building as a whole or parts thereof that Setting of energy performance requirements
have been designed or altered to be used separately; 2. ‘energy performance of a building’: the amount of energy Member States shall take the necessary measures to actually consumed or estimated to meet the different needs ensure that minimum energy performance requirements for associated with a standardised use of the building, which buildings are set, based on the methodology referred to in may include, inter alia, heating, hot water heating, cooling, Article 3. When setting requirements, Member States may ventilation and lighting. This amount shall be reflected in differentiate between new and existing buildings and different one or more numeric indicators which have been calculated, categories of buildings. These requirements shall take account taking into account insulation, technical and installation of general indoor climate conditions, in order to avoid possible characteristics, design and positioning in relation to climatic negative effects such as inadequate ventilation, as well as local aspects, solar exposure and influence of neighbouring struc- conditions and the designated function and the age of the tures, own-energy generation and other factors, including building. These requirements shall be reviewed at regular inter- indoor climate, that influence the energy demand; vals which should not be longer than five years and, if neces-sary, updated in order to reflect technical progress in the The energy performance requirements shall be applied in are part of a renovation to be carried out within a limited time period, with the abovementioned objective of improving theoverall energy performance of the building.
Member States may decide not to set or apply the require- ments referred to in paragraph 1 for the following categories ofbuildings: — buildings and monuments officially protected as part of a Energy performance certificate
designated environment or because of their special architec-tural or historic merit, where compliance with the require-ments would unacceptably alter their character or appear- Member States shall ensure that, when buildings are constructed, sold or rented out, an energy performance certifi-cate is made available to the owner or by the owner to the — buildings used as places of worship and for religious prospective buyer or tenant, as the case might be. The validity of the certificate shall not exceed 10 years.
— temporary buildings with a planned time of use of two Certification for apartments or units designed for separate use years or less, industrial sites, workshops and non-residential agricultural buildings with low energy demand and non-residential agricultural buildings which are in use by a — on a common certification of the whole building for blocks sector covered by a national sectoral agreement on energy — on the assessment of another representative apartment in — residential buildings which are intended to be used less than Member States may exclude the categories referred to in Article — stand-alone buildings with a total useful floor area of less 4(3) from the application of this paragraph.
The energy performance certificate for buildings shall include reference values such as current legal standards and benchmarks in order to make it possible for consumers tocompare and assess the energy performance of the building.
New buildings
The certificate shall be accompanied by recommendations forthe cost-effective improvement of the energy performance.
Member States shall take the necessary measures to ensure thatnew buildings meet the minimum energy performance require- The objective of the certificates shall be limited to the provision of information and any effects of these certificates in terms oflegal proceedings or otherwise shall be decided in accordance For new buildings with a total useful floor area over 1 000 m2, Member States shall ensure that the technical, environmentaland economic feasibility of alternative systems such as: — decentralised energy supply systems based on renewable — district or block heating or cooling, if available, — heat pumps, under certain conditions, is considered and is taken into account before constructionstarts.
Existing buildings
Member States shall take the necessary measures to ensure thatwhen buildings with a total useful floor area over 1 000 m2undergo major renovation, their energy performance isupgraded in order to meet minimum requirements in so far asthis is technically, functionally and economically feasible.
Member States shall derive these minimum energy performancerequirements on the basis of the energy performance require-ments set for buildings in accordance with Article 4. Therequirements may be set either for the renovated building as awhole or for the renovated systems or components when these Official Journal of the European Communities For heating installations with boilers of an effective rated (b) general incentives for further energy efficiency measures in output of more than 20 kW which are older than 15 years, Member States shall lay down the necessary measures toestablish a one-off inspection of the whole heating installa-tion. On the basis of this inspection, which shall include anassessment of the boiler efficiency and the boiler sizing compared to the heating requirements of the building, theexperts shall provide advice to the users on the replacementof the boilers, other modifications to the heating system Information
Member States may take the necessary measures to inform the (b) take steps to ensure the provision of advice to the users on users of buildings as to the different methods and practices that the replacement of boilers, other modifications to the serve to enhance energy performance. Upon Member States' heating system and on alternative solutions which may request, the Commission shall assist Member States in staging include inspections to assess the efficiency and appropriate the information campaigns concerned, which may be dealt with size of the boiler. The overall impact of this approach should be broadly equivalent to that arising from the provi-sions set out in (a). Member States that choose this optionshall submit a report on the equivalence of their approachto the Commission every two years.
Adaptation of the framework
Points 1 and 2 of the Annex shall be reviewed at regular inter- Inspection of air-conditioning systems
vals, which shall not be shorter than two years.
With regard to reducing energy consumption and limiting Any amendments necessary in order to adapt points 1 and 2 of carbon dioxide emissions, Member States shall lay down the the Annex to technical progress shall be adopted in accordance necessary measures to establish a regular inspection of air- with the procedure referred to in Article 14(2).
conditioning systems of an effective rated output of more than12 kW.
This inspection shall include an assessment of the air-condi- tioning efficiency and the sizing compared to the coolingrequirements of the building. Appropriate advice shall be Committee
provided to the users on possible improvement or replacementof the air-conditioning system and on alternative solutions.
The Commission shall be assisted by a Committee.
Where reference is made to this paragraph, Articles 5 and 7 of Decision 1999/468/EC shall apply, having regard to theprovisions of Article 8 thereof.
Independent experts
The period laid down in Article 5(6) of Decision 1999/468/EC Member States shall ensure that the certification of buildings, the drafting of the accompanying recommendations and theinspection of boilers and air-conditioning systems are carriedout in an independent manner by qualified and/or accredited The Committee shall adopt its Rules of Procedure.
experts, whether operating as sole traders or employed bypublic or private enterprise bodies.
Transposition
Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this The Commission, assisted by the Committee established by Directive at the latest on 4 January 2006. They shall forthwith Article 14, shall evaluate this Directive in the light of experi- ence gained during its application, and, if necessary, makeproposals with respect to, inter alia: When Member States adopt these measures, they shall contain (a) possible complementary measures referring to the renova- a reference to this Directive or shall be accompanied by such tions in buildings with a total useful floor area less than reference on the occasion of their official publication. Member States shall determine how such reference is to be made.
Official Journal of the European Communities Member States may, because of lack of qualified and/or accredited experts, have an additional period of three years toapply fully the provisions of Articles 7, 8 and 9. When making Addressees
use of this option, Member States shall notify the Commission, This Directive is addressed to the Member States.
providing the appropriate justification together with a timeschedule with respect to the further implementation of thisDirective.
Entry into force
This Directive shall enter into force on the day of its publica- tion in the Official Journal of the European Communities.
Official Journal of the European Communities General framework for the calculation of energy performance of buildings (Article 3)
1. The methodology of calculation of energy performances of buildings shall include at least the following aspects: (a) thermal characteristics of the building (shell and internal partitions, etc.). These characteristics may also include (b) heating installation and hot water supply, including their insulation characteristics; (e) built-in lighting installation (mainly the non-residential sector); (f) position and orientation of buildings, including outdoor climate; (g) passive solar systems and solar protection; (i) indoor climatic conditions, including the designed indoor climate.
2. The positive influence of the following aspects shall, where relevant in this calculation, be taken into account: (a) active solar systems and other heating and electricity systems based on renewable energy sources; (c) district or block heating and cooling systems; 3. For the purpose of this calculation buildings should be adequately classified into categories such as: (a) single-family houses of different types; (h) wholesale and retail trade services buildings; (i) other types of energy-consuming buildings.

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