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COUNCIL OFBrussels, 3 October 2011
THE EUROPEAN UNION
14980/11
Interinstitutional File:
2011/0172 (COD)
ENER 310
ENV 727 - -
TRANS 254 ECOFIN 652 RECH
321
CODEC 1578
NOTE
to:
General Secretariat of the Council
to: Delegations
No. Cion prop.: 12046/11 ENER 256 ENV 582 TRANS 201 ECOFIN 454 RECH 252
CODEC 1102 - COM(2011) 370 final
Subject: Proposal for a Directive of the European Parliament and of the Council on energy efficiency and repealing Directives 2004/8/EC and 2006/32/EC
The annex to this note contains the text of the above-mentioned proposal with Presidency
suggestions for a number of elements of the Directive, based on positions expressed and comments
ANNEX
Proposal for a
DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
on energy efficiency and repealing Directives 2004/8/EC and 2006/32/EC
THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty on the Functioning of the European Union, and in particular Article
194(2) thereof,
Having regard to the proposal from the European Commission1,
After transmission of the draft legislative act to the national parliaments,
Having regard to the opinion of the European Economic and Social Committee2,
Having regard to the opinion of the Committee of the Regions3,
Acting in accordance with the ordinary legislative procedure,
Whereas:
CHAPTER I
Subject matter, scope, definitions and energy efficiency targets
Article 1
Subject matter and scope
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1.This Directive establishes a common framework of measures for the promotion of energy
efficiency within the Union in order to ensure the achievement of the Union's 2020 20%
headline target on energy efficiency and to pave the way for further energy efficiency
improvements beyond that date.
It lays down rules designed to remove barriers in the energy market and overcome market
failures that impede efficiency in the supply and use of energy, and provides for the
establishment of indicative national energy efficiency targets for 2020.
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2.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 the Union's legislation. National legislation foreseeing more
stringent measures shall be notified to the Commission.
Article 2
Definitions
For the purposes of this Directive, the following definitions shall apply:
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2.'primary energy consumption' means gross inland consumption, excluding non-energy uses; 5
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3.'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;
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4.'public bodies' means 'contracting authorities' as defined in Directive 2004/18/EC;
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5.'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;
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6.'obligated parties' means the energy distributors or retail energy sales companies that are
bound by the national energy efficiency obligation schemes referred to in Article 6;
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7.'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;
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8.'distribution system operator' means 'distribution system operator' as defined in Directive
2009/72/EC6 and Directive 2009/73/EC 7 respectively;
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10.'final customer' means a natural or legal person who purchases energy for his or her own end
use;
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11.'energy service provider' means a natural or legal person who delivers energy services or other
energy efficiency improvement measures in a final customer's facility or premises;
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12.'energy audit' means a systematic procedure to obtain adequate knowledge of the existing
energy consumption profile of a building or group of buildings, an industrial or commercial
operation or installation or a private or public service, identify and quantify cost-effective
energy savings opportunities, and report the findings;
12a. "small and medium-sized enterprises" means entreprises as defined in Title I of the
Annex to Commission Recommendation 2003/361;8
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13.'energy performance contracting' means a contractual arrangement between the beneficiary
and the provider of an energy efficiency improvement measure, according to which the
payment for the inviestment made by the provider is in relation to a contractually agreed level
of energy efficiency improvement or other agreed energy performance criterion, such as
financial savings;
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14.'transmission system operator' means 'transmission system operator'as defined in Directive
2009/72/EC[...]and Directive 2009/73/EC[...] respectively;
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17.'useful heat' means heat produced in a cogeneration process to satisfy economically justifiable
demand for heating or cooling;
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18.'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 I;
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19.'high-efficiency cogeneration' means cogeneration meeting the criteria laid down in Annex II;
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20.'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;
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21.'power to heat ratio' means the ratio between electricity from cogeneration and useful heat
when operating in full cogeneration mode using operational data of the specific unit;
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22.'cogeneration unit' means a unit that can operate in cogeneration mode;
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23.'small scale cogeneration unit' means a cogeneration unit with installed capacity below
1MWe;
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27.'substantial refurbishment' means a refurbishment whose cost exceeds 50% of the investment
cost for a new comparable unit in accordance with Decision 2007/74/EC or which requires the
update of the permit granted under Directive 2010/75/EU.
Article 3
Energy efficiency targets
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1.Member States shall set an indicative national energy efficiency target expressed as an
absolute level of primary energy consumption in 2020. When setting these targets, they shall
take into account the Union's 2020 20% headline target on energy efficiency, the measures
provided for in this Directive, the measures adopted to reach the national energy saving
targets adopted pursuant to Article 4(1) of Directive 2006/32/EC and other measures to
promote energy efficiency within Member States and at Union level. When setting the
national energy efficiency targets, Member States may take account of national
circumstances affecting primary energy consumption: Changes of energy imports and
exports, development of biomass utilisation as well as wind and solar energy, and carbon
capture and storage (CCS).
1a. Member States may set additional targets relating to the statistical indicators
enumerated in Annex XIV, Part 1a or combinations thereof, such as primary or final
energy intensity or sectoral energy intensities.
2a. By 30 June 2015, the Commission shall assess progress achieved and whether the Union
is likely to achieve its 2020 energy efficiency target, based on the assessment referred to
in Article 19(7a).
3. By 31 December 2014, the Commission shall establish, by means of a delegated act in
accordance with Article 18, a common and cost-effective methodology for monitoring
energy savings and the evolution of energy efficiency, which will permit to quantify
efforts of Member States on an equivalent basis by drawing on available statistical
indicators.
CHAPTER II
Efficiency in energy use
Article 4
Public bodies
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1.Without prejudice to Article 7 of Directive 2010/31/EU, Member States shall ensure that as
from 1 January 2014, [3]% of the total floor area owned by their public bodies is renovated
each year to meet at least the minimum energy performance requirements set by the Member
State concerned in application of Article 4 of Directive 2010/31/EU. The [3]% rate shall be
calculated on the total floor area of buildings with a total useful floor area over 500 m2 and as
of 9 July 2015 over 250 m2 owned by the public bodies of the Member State concerned that,
on 1 January of each year, does not meet the national minimum energy performance
requirements set in application of Article 4 of Directive 2010/31/EU.
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2.Member States may allow their public bodies to count towards their annual renovation rate
the excess of renovated building floor area in a given year as if it has instead been renovated
in any of the two previous or following years.
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3.For the purposes of paragraph 1, by 1 January 2014, Member States shall establish and make
publicly available an inventory of buildings owned by their public bodies with a total useful
floor area over 500 m2 and by 9 July 2015 over 250 m2 containing the following data: -
(a) the floor area in m2; and
(b) the energy performance of each building.
3a. As an alternative approach to paragraphs 1 and 2, Member States may take other
measures to achieve an equivalent annual improvement of the energy performance of
the buildings owned by their public bodies as required in paragraph 1. Member States
may prioritise renovation of the buildings owned by their public bodies, based on the
most cost-effective improvement of the energy performance of their building stock. For
the purpose of this alternative approach, they may estimate the energy savings that
paragraphs 1 and 2 would result in by using appropriate standard values for the energy
consumption of a building before and after renovation. -
Member States opting for an alternative approach shall notify to the Commission, by
1 January 2014 at the latest, the alternative measures that they plan to adopt and
Article 5
Purchasing by public bodies
Member States shall ensure that public bodies purchase only products, services and buildings with
high energy efficiency performance, taking into account cost-effectiveness, economical
feasibility and technical suitability, as well as sufficient competition, as referred to in Annex III.
Article 6
Energy efficiency obligation schemes
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1.Each Member State shall set up an energy efficiency obligation scheme. The annual energy
savings have to be equal to 1.5% of the volume of energy sales in the previous year of
either all energy distributors or all retail energy sales companies operating in each Member
State's territory. [...] The sales of energy, by volume, used in transport are to be excluded
from this calculation. Each Member State shall designate obligated parties. The amount
of energy savings shall be achieved by the obligated parties among final customers. The
amount of savings required to fulfil the obligation can be achieved among the final
customers of the obligated parties or, if Member States so decide, through certified
savings stemming from other parties as described in paragraph 5a. The scheme shall
run with the same amount of annual energy savings until 31 December 2020.
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2.Member States shall express the amount of energy savings required from each obligated party
in terms of either final or primary energy consumption. The method chosen for expressing the
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4.Member States shall ensure that the savings claimed by obligated parties are calculated in
accordance with Annex V(2). They shall put in place control systems under which at least a
statistically significant proportion of the energy efficiency improvement measures put in place
by the obligated parties is independently verified.
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5.Within the energy efficiency obligation scheme, Member States may:
(a) include requirements with a social aim in the saving obligations they impose, including
by requiring measures to be implemented in households affected by energy poverty or
in social housing;
(b) permit obligated parties to count towards their obligation certified energy savings
achieved by energy service providers or other third parties; in this case Member States
shall ensure that an accreditation process is in place that is clear, transparent and open
to all market actors, and that aims at minimising the costs of certification;
(c) allow obligated parties to count savings obtained in a given year as if they had instead
been obtained in any of the two previous or two following years.
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6.Member States shall publish the energy savings achieved by each obligated party and data on
the annual trend of energy savings under the scheme. For the purposes of publishing and
verifying the energy savings achieved, Member States shall require obligated parties to submit
to them at least the following data:
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7.Member States shall ensure that market actors refrain from any activities that may impede the
demand for and delivery of energy services or other energy efficiency improvement measures,
or hinder the development of markets for energy services or other energy efficiency
improvement measures, including foreclosing the market for competitors or abusing dominant
positions.
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8.Member States may exempt small energy distributors and small retail energy sales companies,
namely those that distribute or sell less than the equivalent of [200] GWh of energy per year,
employ fewer than [50] persons or have an annual turnover or annual balance sheet total that
does not exceed EUR [8 000 000], from the application of this Article. Energy produced for
self use shall not count towards these thresholds.
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9.As an alternative to paragraph 1, Member States may opt to take other measures to achieve
energy savings among final customers. The annual amount of energy savings achieved
through this approach shall be equivalent to the amount of energy savings required in
paragraph 1.
Member States opting for this option shall notify to the Commission, by 1 January 2013 at the
latest, the alternative measures that they plan to adopt, including the rules on penalties
referred to in Article 9, and showing how they would achieve the required amount of savings.
[The Commission may refuse such measures or make suggestions for modifications in the 3
months following notification. In such cases, the alternative approach shall not be applied by
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10.If appropriate, the Commission may establish, by means of a delegated act in accordance with
Article 18 and Annex Vbis, a system of mutual recognition of energy savings achieved under
national energy efficiency obligation schemes. Such a system shall allow obligated parties to
count energy savings achieved and certified in a given Member State towards their obligations
in another Member State. 11
Article 7
Energy audits and energy management systems
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1.Member States shall promote the availability to all final customers of energy audits which are
affordable and carried out in an independent manner by qualified or accredited experts.
Audits may be carried out by in-house experts, provided that these are qualified or
accredited, that they are not directly engaged in the activity audited, and that the
Member State has put in place a scheme to assure and check their quality and to impose
sanctions if needed. -
Member States shall develop programmes to encourage households and small and medium-
sized enterprises to undergo energy audits.
Member States shall support training programmes for the qualification of energy
auditors.
Member States shall bring to the attention of small and medium-sized enterprises concrete
examples of how energy management systems could help their business.
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2.Member States shall ensure that enterprises not included in the second subparagraph of
paragraph 1 are subject to an energy audit carried out in an independent and cost-effective
manner by qualified or accredited experts at the latest [two years after entry into force of
this Directive] and at least every five years from the date of the previous energy audit.
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3.Energy audits carried out in an independent manner resulting from energy management
systems or implemented under voluntary agreements concluded between organisations of
stakeholders and an appointed body and supervised by the Member State concerned or by the
Commission, shall be considered as fulfilling the requirements of paragraph 2.
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4.Energy audits may stand alone or be part of a broader environmental audit.
Article 8
Metering and informative billing
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1.Member States shall ensure that final customers for electricity, natural gas, district heating or
cooling and district-supplied domestic hot water are provided with individual meters that
accurately measure and allow to make available their actual energy consumption and provide
information on actual time of use, in accordance with Annex VI.
When Member States put in place the roll-out of smart meters foreseen by Directives
2009/72/EC and 2009/73/EC concerning electricity and gas markets, they shall ensure that the
objectives of energy efficiency and final customer benefits are fully taken into account when
In case of heating and cooling, where a building is supplied from a district heating network or
through central heating, a heat meter shall be installed at the building entry or at the outlet
of the boiler respectively. In multi-apartment buildings, individual heat consumption meters
shall also be installed by 1 January 2015 to measure the consumption of heat or cooling for
each apartment. Where the use of individual heat consumption meters is not technically
feasible, individual heat cost allocators, in accordance with the specifications in Annex
VI(1.2), shall be used for measuring heat consumption at each radiator, except in cases where
it is shown that this is not cost-efficient.
Member States shall introduce rules on cost allocation of heat consumption in multi-
apartment buildings supplied with centralised heat or cooling. Such rules shall include
guidelines on correction factors to reflect building characteristics such as heat transfers
between apartments.
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2.In addition to the obligations resulting from Directive 2009/72/EC and Directive 2009/73/EC
with regard to billing, Member States shall ensure, not later than 1 January 2015, that billing
is accurate and based on actual consumption, for all the sectors covered by the present
Directive, including energy distributors, distribution system operators and retail energy sales
companies, in accordance with the minimum frequency set out in Annex VI(2.1). Where a
meter capable of indicating data to the supplier has not been installed, this obligation
may be fulfilled by a system of self-reading in which final customers may themselves
communicate readings from their meter to the energy supplier. Appropriate information
shall be made available with the bill to provide final customers with a comprehensive account
of current energy costs, in accordance with Annex VI(2.2). Billing shall not need to coincide
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3.Information from metering and billing of individual consumption of energy as well as the
other information mentioned in paragraphs 1, 2, 3 and Annex VI shall be provided to final
customers free of charge.
Article 9
Penalties
Member States shall lay down rules on penalties applicable in case of non-compliance with the
national provisions adopted pursuant to Articles 6 to 8 and shall take the necessary measures to
ensure that they are implemented. The penalties provided must be effective, proportionate and
dissuasive. Member States shall communicate those provisions to the Commission by [12 months
after entry into force of this Directive ] at the latest and shall notify it without delay of any
subsequent amendment affecting them.
CHAPTER III
Efficiency in energy supply
Article 10
Promotion of efficiency in heating and cooling
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1.By 31 December 2015, Member States shall carry out and notify to the Commission a
comprehensive assessment of the potential for the application of high-efficiency
cogeneration and efficient district heating and cooling, containing the information set out in
Annex VII. If they have already carried out an equivalent assessment, they shall notify it
1a. For the purpose of the assessment referred to in paragraph 1, Member States shall carry
out a cost-benefit analysis covering their territory, including based on climate
conditions, economical feasibility or technical suitability, in order to identify and
facilitate implementation of the most cost-efficient solutions to meet heating and cooling
requirements.
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2.Based on the assessment referred to in paragraphs 1 and 1a, Member States shall take the
necessary measures to develop efficient district heating and cooling infrastructure to
accommodate the development of high-efficiency cogeneration and the use of heating and
cooling from waste heat and renewable energy sources in accordance with paragraphs 1, 3, 6
and 8. When developing district heating and cooling, they shall to the extent possible opt for
high-efficiency cogeneration rather than heat-only generation when heat is produced in
combustion installations.
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3.Member States shall ensure that all new thermal electricity generation installations with a total
thermal input exceeding 20 MW:
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a)are provided with equipment allowing for the recovery of waste heat by means of a
high-efficiency cogeneration unit; and
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b)are sited in a location where waste heat can be used by heat demand points.
Member States shall adopt authorisation criteria as referred to in Article 7 of Directive
Member States may include in their authorisation criteria or equivalent permit criteria
conditions for exempting individual installations from the provisions in the first sub-
paragraph when:
a) a cost-benefit analysis carried out for the individual installation shows that the
costs outweigh the benefits in comparison with the full life-cycle costs, including
infrastructure investment, of providing the same amount of electricity and heat
with separate heating or cooling; or
b) the requirement in point (b) of the first subparagraph related to the location of the
installation cannot be met due to the need to locate an installation close to a
geological storage site permitted under Directive 2009/31/EC; or
[c) the threshold conditions related to the availability of heat load set out in point 1 of
Annex VIII are not met].12
[...]
Member States shall notify such conditions for exemption to the Commission by 1 January
2014. [...]
[...]
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6.Member States shall ensure that, whenever an existing electricity generation installation with
a total rated thermal input exceeding 20 MW is substantially refurbished or when, in
accordance with Article 21 of Directive 2010/75/EC, its permit is updated, conversion to
[...] Member States may include in their authorisation criteria or permit criteria
conditions for exempting individual installations from the provisions in the first sub-
paragraph when a cost-benefit analysis shows that the costs outweigh the benefits in
comparison with the full life-cycle costs, including infrastructure investment, of
providing the same amount of electricity and heat with separate heating or cooling[, or
when the threshold conditions related to the availability of heat load set out in point 1 of
Annex VIII are not met]. 13
[...]
Member States shall notify such conditions for exemption to the Commission by 1 January
2014.[...]
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8.Member States shall adopt authorisation or equivalent permitting criteria to ensure that
industrial installations with a total thermal input exceeding 20 MW generating waste heat that
are built or substantially refurbished after [the entry into force of this Directive] capture and
make use of their waste heat.
Member States shall establish mechanisms to ensure the connection of these installations to
district heating and cooling networks. They may require these installations to bear the
connection charges and the cost of developing the district heating and cooling networks
necessary to transport their waste heat to consumers.
[...]
Member States shall notify such conditions for exemption to the Commission by 1 January
2014. [...]
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9.The Commission shall establish by 1 January 2013 by means of a delegated act in accordance
with Article 18 a methodology in accordance with Annex VIIIbis for the cost-benefit
analysis covering a Member State's entire territory referred to in paragraph[...] 1a and
the cost-benefit analysis for individual installations referred to in paragraphs 3, 6 and 8.
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10.On the basis of the harmonised efficiency reference values referred to in Annex II (f),
Member States shall ensure that the origin of electricity produced from high-efficiency
cogeneration can be guaranteed according to objective, transparent and non-discriminatory
criteria laid down by each Member State. They shall ensure that this guarantee of origin
complies with the requirements and contains at least the information specified in Annex IX.
Member States shall mutually recognise their guarantees of origin, exclusively as proof of the
information referred to in this paragraph. Any refusal to recognise a guarantee of origin as
such proof, in particular for reasons relating to the prevention of fraud, must be based on
objective, transparent and non-discriminatory criteria. Member States shall notify the
Commission of such refusal and its justification. In the event of refusal to recognise a
guarantee of origin, the Commission may adopt a decision to compel the refusing party to
recognise it, particularly with regard to objective, transparent and non-discriminatory criteria
on which such recognition is based.
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11.Member States shall ensure that any available support for cogeneration is subject to the
electricity produced originating from high-efficiency cogeneration and the waste heat being
effectively used to achieve primary energy savings. They shall not differentiate between
electricity consumed on site and electricity exported to the grid. Public support to
cogeneration and district heating generation and networks is subject to State aid rules, where
applicable.
Article 11 15
Energy transformation
Member States shall draw up an inventory of data in accordance with Annex X for all installations
undertaking the combustion of fuels with total rated thermal input of 50 MW or more and
installations undertaking the refining of mineral oil and gas within their territory. This shall be
updated every three years. The annual installation-specific data contained in these inventories shall
be made available to the Commission upon request. Member States shall include a non-confidential
summary containing aggregated information of the inventories in the reports referred to in
Article 12
Energy transmission and distribution
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1.Member States shall ensure that national energy regulatory authorities pay due regard to
energy efficiency in their decisions on the operation of the gas and electricity infrastructure.
They shall in particular ensure that network tariffs and regulations provide incentives for grid
operators to offer system services to network users permitting them to implement energy
efficiency improvement measures in the context of the continuing deployment of smart grids.
Member States shall ensure that network regulation, and network tariffs [...], fulfil the criteria
in Annex XI, taking into account guidelines and codes developed pursuant to Regulation
714/2009 and Regulation 715/2009.
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2.Member States shall, by [30 June 2013] [...]:
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a)assess[...] the energy efficiency potentials of their gas, electricity and district heating
and cooling infrastructure, notably regarding transmission, distribution, load
management and interoperability, and connection to energy generating installations;
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b)identify[...] concrete measures and investments for the introduction of cost-effective
energy efficiency improvements in the network infrastructure, with a detailed timetable
for their introduction.
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3.Member States may permit components of schemes and tariff structures with a social aim for
net-bound energy transmission and distribution, provided that any disruptive effects on the
transmission and distribution system are kept to the minimum necessary and are not
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5.Member States shall ensure that, subject to requirements relating to the maintenance of the
reliability and safety of the grid, based on transparent and non-discriminatory criteria defined
by the competent national authorities, transmission system operators and distribution system
operators in their territory:
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a)guarantee the transmission and distribution of electricity from high-efficiency
cogeneration;
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b)provide priority or guaranteed access to the grid of electricity from high efficiency
cogeneration;
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c)when dispatching electricity generating installations, provide priority dispatch of
electricity from high efficiency cogeneration in so far as the operation of the national
electricity system permits.
In addition to the obligations laid down by the first subparagraph, transmission system
operators and distribution system operators shall comply with the requirements set out
in Annex XII.
Member States may particularly facilitate the connection to the grid system of electricity
produced from high-efficiency cogeneration from small scale and micro cogeneration units.
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6.Member States shall take the appropriate steps to ensure that high-efficiency cogeneration
operators can offer balancing services and other operational services at the level of
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7.Member States may allow producers of electricity from high-efficiency cogeneration wishing
to be connected to the grid to issue a call for tender for the connection work.
CHAPTER IV
Horizontal provisions
Article 13
Availability of qualification and certification schemes
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1.With a view to achieving a high level of technical competence, objectivity and reliability,
Member States shall ensure that, by 1 January 2014, certification schemes or equivalent
qualification schemes are available for providers of energy services, energy audits and energy
efficiency improvement measures, including for installers of building elements as defined in
Article 2(9) of Directive 2010/31/EU.
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2.Member States shall make publicly available the certification schemes or equivalent
qualification schemes referred to in paragraph 1 and shall cooperate among themselves and
with the Commission on comparisons between and recognition of the schemes.
Article 14
Energy services
Member States shall promote the energy services market and access for small and medium-sized
enterprises to this market by:
Article 15
Other measures to promote energy efficiency
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1.Member States shall evaluate and take appropriate measures to remove regulatory and non-
regulatory barriers to energy efficiency, notably as regards:
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a)the split of incentives between the owner and the tenant of a building or among owners,
with a view to ensuring that these parties are not deterred from making efficiency-
improving investments that they would otherwise have made by the fact that they will
not individually obtain the full benefits or by the absence of rules for dividing the costs
and benefits between them;
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b)legal and regulatory provisions, and administrative practices, regarding public
purchasing and annual budgeting and accounting, with a view to ensuring that
individual public bodies are not deterred from making efficiency-improving
investments.
These measures to remove barriers may include providing incentives, repealing or amending
legal or regulatory provisions, or adopting guidelines and interpretative communications.
These measures may be combined with the provision of education, training and specific
information and technical assistance on energy efficiency.
CHAPTER V
Final provisions
Article 17
Delegated acts and adaptation of annexes 17
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1.
The Commission shall be empowered to adopt a delegated act in accordance with Article
18 to establish a common and cost-effective methodology for monitoring energy savings
and the evolution of energy efficiency referred to in Article 3(3).
The Commission may be empowered to adopt a delegated act in accordance with Article 18
to establish the system of mutual recognition of energy savings achieved under the national
energy efficiency obligation schemes referred to in Article 6(10).
The Commission shall be empowered to adopt a delegated act in accordance with Article 18
to establish the methodology in accordance with Annex VIIIbis for the cost-benefit analysis
covering a Member State's entire territory and the cost-benefit analysis for individual
installations referred to in Article 10(9).
The Commission shall be empowered to adopt delegated act in accordance with Article 18 to
review the harmonised efficiency reference values referred to in Article 10(10) third indent.
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2.The Commission shall be empowered to adopt delegated acts in accordance with Article 18 to
adapt to technical progress the values, calculation methods, default primary energy coefficient
and requirements in Annexes I to XV [...].
Article 18
Exercise of the delegation
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1.The powers to adopt delegated acts are conferred on the Commission subject to the conditions
laid down in this Article.
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2.The delegation of power referred to in Article 17 shall be conferred on the Commission for an
indeterminate period of time from [the date of entry into force of this Directive].
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3.The delegation of power referred to in Article 17 may be revoked at any time by the European
Parliament or by the Council. A decision of revocation 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.
4 As soon as it adopts a delegated act, the Commission shall notify it simultaneously to the
European Parliament and to the Council.
Article 19
Review and monitoring of implementation
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1.By 30 April each year, Member States shall report on the progress achieved towards national
energy efficiency targets, in accordance with Annex XIV(1).
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2.By 30 April 2014, and every three years thereafter, Member State shall submit supplementary
reports with information on national energy efficiency policies, action plans, programmes and
measures implemented or planned at national, regional and local level to improve energy
efficiency in view of achieving the national energy efficiency targets referred to in
Article 3(1). The reports shall be complemented with updated estimates of expected overall
primary energy consumption in 2020, as well as estimated levels of primary energy
consumption in the sectors indicated in Annex XIV(1).
The Commission shall, not later than 1 January 2014, provide a template as guidance for the
supplementary reports. This template shall be adopted in accordance with the advisory
procedure referred to in Article 20(2). The supplementary reports shall in any case include the
information specified in Annex XIV.
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3.The reports referred to in paragraph 1 may form part of the National Reform Programmes
referred to in Council Recommendation 2010/410/EU.
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5.The Commission's assessment of the first supplementary report shall include an assessment of
the energy efficiency levels of existing and new installations undertaking the combustion of
fuels with a total rated thermal input of 50 MW or more and installations undertaking the
refining of mineral oil and gas, in the light of the relevant best available techniques as
developed in accordance with Directive 2010/75/EU and Directive 2008/1/EC. Where this
assessment identifies significant discrepancies between the actual energy efficiency levels of
such installations and energy efficiency levels associated with the application of the relevant
best available techniques, the Commission shall propose, if appropriate, requirements to
improve the energy efficiency levels achieved by such installations or that the use of such
techniques shall in future be a condition for the permitting of new installations and for the
periodic review of the permits for existing installations.
The Commission shall also monitor the impact of implementing this Directive on Directive
2003/87/EC, Directive 2009/28/EC as well as Directive 2010/31/EU.
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6.Member States shall submit to the Commission before 30 November each year statistics on
national electricity and heat production from high and low efficiency cogeneration, in
accordance with the methodology shown in Annex I, in relation to total heat and electricity
capacities. They shall also submit annual statistics on cogeneration heat and electricity
capacities and fuels for cogeneration, and on district heating and cooling production and
capacities, in relation to total heat and electricity capacities. Member States shall submit
statistics on primary energy savings achieved by application of cogeneration in accordance
with the methodology shown in Annex II.
-
8.By 30 June 2018, the Commission shall report to the European Parliament and the Council on
the implementation of Article 6. That report shall be followed, if appropriate, by a legislative
proposal for one or more of the following purposes:
-
a)to change the final date laid down in Article 6(1);
-
b)to establish additional common requirements, in particular as regards the matters
referred to in Article 6(5).
-
9.By 30 June 2018, the Commission shall assess the progress made by Member States in
removing the regulatory and non-regulatory barriers referred to in Article 15(1); this
assessment shall be followed, if appropriate, by recommendations.
-
10.The Commission shall make the reports referred to in paragraphs 1 and 2 publicly available.
Article 20
Committee procedure
-
1.The Commission shall be assisted by a Committee.
-
2.Where reference is made to this paragraph, Articles 3, 4 and 9 of the Regulation 182/2011/EU
shall apply, having regard to the provisions of Article 11 thereof.
Directive 2004/8/EC is repealed from [the date of time-limit for transposition of this Directive],
without prejudice to the obligations of the Member States relating to the time limit for its
transposition into national law.
Article 9(1) and (2) of Directive 2010/30/EU is repealed from [the date of time-limit for
transposition of this Directive].
References to Directive 2006/32/EC and Directive 2004/8/EC shall be construed as references to
this Directive and shall be read in accordance with the correlation table set out in Annex XV.
Article 22
Transposition 18
-
1.Member States shall bring into force the laws, regulations and administrative provisions
necessary to comply with this Directive by [12 months after the entry into force of this
Directive] at the latest. They shall forthwith communicate to the Commission the text of those
provisions and a correlation table between those provisions and this Directive.
When Member States adopt those provisions, they shall contain a reference to this Directive
or be accompanied by such a reference on the occasion of their official publication. Member
States shall determine how such reference is to be made.
-
2.Member States shall communicate to the Commission the text of the main provisions of
national law which they adopt in the field covered by this Directive.
Article 23
Entry into force
This Directive shall enter into force on the twentieth day following that of its publication in the
Official Journal of the European Union .
Article 24
Addressees
This Directive is addressed to the Member States.
Done at Brussels,
For the European Parliament For the Council
ANNEX I
General principles for the calculation of electricity from cogeneration
PART I. General principles
Values used for calculation of electricity from cogeneration shall be determined on the basis of the expected or actual operation of the unit under normal conditions of use. For micro- cogeneration units the calculation may be based on certified values.
(a) Electricity production from cogeneration shall be considered equal to total annual electricity production of the unit measured at the outlet of the main generators.
(i) in cogeneration units of type (b), (d), (e), (f), (g) and (h) referred to in Part II with an annual overall efficiency set by Member States at a level of at least 75%, and
(ii) in cogeneration units of type (a) and (c) referred to in Part II with an annual
overall efficiency set by Member States at a level of at least 80%.
(b) In cogeneration units with an annual overall efficiency below the value referred to in paragraph (a) (i) (cogeneration units of type (b), (d), (e), (f), (g), and (h) referred to in Part II) or with an annual overall efficiency below the value referred to in paragraph (a) (ii) (cogeneration units of type (a) and (c) referred to in Part II) cogeneration is calculated according to the following formula:
E
CHP=H
CHP*C
where:
E
CHP is the amount of electricity from cogeneration
Type of the unit Default power to heat ratio, C
Combined cycle gas turbine with heat 0,95
recovery
Steam back pressure turbine 0,45
Steam condensing extraction turbine 0,45
Gas turbine with heat recovery 0,55
Internal combustion engine 0,75
If Member States introduce default values for power to heat ratios for units of type (f), (g), (h), (i), (j) and (k) referred to in Part II, such default values shall be published and shall be notified to the Commission.
(d) If a share of the energy content of the fuel input to the cogeneration process is recovered in chemicals and recycled this share can be subtracted from the fuel input before calculating the overall efficiency used in paragraphs (a) and (b).
(e) Member States may determine the power to heat ratio as the ratio between electricity and useful heat when operating in cogeneration mode at a lower capacity using operational data of the specific unit.
(f) Member States may use other reporting periods than one year for the purpose of the calculations according to paragraphs (a) and (b).
(f) Microturbines
(g) Stirling engines
(h) Fuel cells
(i) Steam engines
(j) Organic Rankine cycles
(k) Any other type of technology or combination thereof falling under the definition laid
down in Article 2 (19).
PART III. Detailed principles
When implementing and applying the general principles for the calculation of electricity from
cogeneration, Member States shall use the detailed Guidelines established by Decision
ANNEX II
Methodology for determining the efficiency of the cogeneration process
Values used for calculation of efficiency of cogeneration and primary energy savings shall be
determined on the basis of the expected or actual operation of the unit under normal
conditions of use.
(a) High-efficiency cogeneration
For the purpose of this Directive high-efficiency cogeneration shall fulfil the following
criteria:
-
-cogeneration production from cogeneration units shall provide primary energy savings calculated according to point (b) of at least 10 % compared with the references for separate production of heat and electricity,
-
-production from small scale and micro cogeneration units providing primary energy savings may qualify as high-efficiency cogeneration.
(b) Calculation of primary energy savings
The amount of primary energy savings provided by cogeneration production defined in
accordance with Annex I shall be calculated on the basis of the following formula:
CHP E is the electrical efficiency of the cogeneration production defined as annual
electricity from cogeneration divided by the fuel input used to produce the sum of useful heat
output and electricity from cogeneration. Where a cogeneration unit generates mechanical
energy, the annual electricity from cogeneration may be increased by an additional element
representing the amount of electricity which is equivalent to that of mechanical energy. This
additional element will not create a right to issue guarantees of origin in accordance with
Article 10(10).
Ref E is the efficiency reference value for separate electricity production.
(c) Calculations of energy savings using alternative calculation
Member States may calculate primary energy savings from a production of heat and
electricity and mechanical energy as below without using Annex I to exclude the non-
cogenerated heat and electricity parts of the same process. Such a production can be regarded
as high-efficiency cogeneration provided it fulfils the efficiency criteria in point (a) of this
Annex and, for cogeneration units with an electrical capacity larger than 25 MW, the overall
efficiency is above 70%. However, specification of the quantity of electricity from
cogeneration produced in such a production, for issuing a guarantee of origin and for
statistical purposes, shall be determined in accordance with Annex I.
If primary energy savings for a process are calculated using alternative calculation as above
the primary energy savings shall be calculated using the formula in point (b) of this Annex
replacing:`CHP H' with`H' and`CHP E' with `E',where:
H shall mean the heat efficiency of the process, defined as the annual heat output divided by
(e) For micro-cogeneration units the calculation of primary energy savings may be based
on certified data.
(f) Efficiency reference values for separate production of heat and electricity
The harmonised efficiency reference values shall consist of a matrix of values differentiated
by relevant factors, including year of construction and types of fuel, and must be based on a
well-documented analysis taking, inter alia, into account data from operational use under
realistic conditions, fuel mix and climate conditions as well as applied cogeneration
technologies.
The efficiency reference values for separate production of heat and electricity in accordance
with the formula set out in paragraph (b) shall establish the operating efficiency of the
separate heat and electricity production that cogeneration is intended to substitute.
The efficiency reference values shall be calculated according to the following principles:
-
1.For cogeneration units as defined in Article 2(24) the comparison with separate
electricity production shall be based on the principle that the same fuel categories are
compared.
-
2.Each cogeneration unit shall be compared with the best available and economically
justifiable technology for separate production of heat and electricity on the market in
the year of construction of the cogeneration unit.
-
3.The efficiency reference values for cogeneration units older than 10 years of age
shall be fixed on the reference values of units of 10 years of age.
ANNEX III
Energy efficiency requirements for purchasing products, services and buildings by
public bodies
Public bodies that purchase products, services or buildings shall, taking into account cost- effectiveness, economical feasibility and technical suitability, as well as sufficient
competition:
-
a)where a product is covered by a delegated act adopted under Directive 2010/30/EU or Commission Directive implementing Directive 92/75/EEC, purchase only the products that comply with the criterion of belonging to the highest energy efficiency class possible in the light of the need to ensure sufficient competition;
-
b)where a product not covered under point a) is covered by an implementing measure under Directive 2009/125/EC adopted after the entry into force of this Directive, purchase only products that comply with energy efficiency benchmarks specified in that implementing measure;
-
c)purchase office equipment products covered by Council Decision [2006/1005/EC20]
that comply with energy efficiency requirements not less demanding than those listed in Annex C of the Agreement attached to that Decision;
-
d)purchase only tyres that comply with the criterion of having the highest fuel energy efficiency class, as defined by Regulation (EC) No 1222/2009
-
21.This requirement
shall not prevent public bodies from purchasing tyres with the highest wet grip class or external rolling noise class where justified by safety or public health reasons;
-
e)require in their tenders for service contracts that service providers use, for the purposes of providing the services in question, only products that comply with the requirements referred to in points (a) to (d), when providing the services in question;
-
f)purchase, or make new rental agreements for, only buildings that comply at least with the minimum energy performance requirements referred to in Article 4(1). Compliance with these requirements shall be verified by means of the energy performance certificates referred to in Article 11 of Directive 2010/31/EU.
ANNEX IV
Energy content of selected fuels for end use conversion table22
Energy commodity kJ (NCV) kgoe (NCV) kWh (NCV)
1 kg coke 28500 0,676 7,917
1 kg hard coal 17200 -- 30700 0,411 -- 0,733 4,778 -- 8,528
1 kg brown coal briquettes 20000 0,478 5,556
1 kg black lignite 10500 -- 21000 0,251 -- 0,502 2,917 -- 5,833
1 kg brown coal 5600 -- 10500 0,134 -- 0,251 1,556 -- 2,917
1 kg oil shale 8000 -- 9000 0,191 -- 0,215 2,222 -- 2,500
1 kg peat 7800 -- 13800 0,186 -- 0,330 2,167 -- 3,833
1 kg peat briquettes 16000 -- 16800 0,382 -- 0,401 4,444 -- 4,667
1 kg residual fuel oil (heavy oil) 40000 0,955 11,111
1 kg light fuel oil 42300 1,010 11,750
1 kg motor spirit (petrol) 44000 1,051 12,222
1 kg paraffin 40000 0,955 11,111
1 kg liquefied petroleum gas 46000 1,099 12,778
1 kg natural gas [1] 47200 1,126 13,10
1 kg liquefied natural gas 45190 1,079 12,553
1 kg wood (25 % humidity) [2] 13800 0,330 3,833
1 kg pellets/wood bricks 16800 0,401 4,667
1 kg waste 7400 -- 10700 0,177 -- 0,256 2,056 -- 2,972
1 MJ derived heat 1000 0,024 0,278
ANNEX V
Energy efficiency obligation schemes
1. Measures that target short-term savings
The following measures shall be considered as targeting short-term savings :
-
a)distribution or installation of energy efficient compact fluorescent light bulbs;
-
b)distribution or installation of energy efficient shower heads;
-
c)energy audits;
-
d)information campaigns.
2. Calculation of energy savings
The calculation of energy savings in national energy efficiency obligation schemes shall take
into account the lifetime of measures. Where no national values for lifetimes are fixed the
default values in point 4 shall apply.
Obligated parties may use one or more of the following methods for calculating energy
savings for the purposes of Article 6(2):
-
a)engineering estimates;
-
b)metering;
-
c)standard values and lifetimes that Member States have adopted on a clear and sound
basis. Such values shall be notified to the Commission. The Commission may request
that such values are modified, where they are likely to distort competition or where they
show less ambition than the default values and lifetimes in points 3 and 4.
-
d)the default values and lifetimes in points 3 and 4 where no national standard values and
lifetimes have been established.
**Class A+ Deemed savings (kWh/year)
76 73
Class A++Deemed savings (kWh/year)
129 123
Class A+++Deemed savings (kWh/year)
193 185
b.
FREEZERS AND REFRIGERATOR-FREEZERS NOT DISTINGUISHED
refrigerator-freezers and freezers
*Class A+ Deemed savings (kWh/year)
64
**Class A+ Deemed savings (kWh/year)
75
Class A++Deemed savings (kWh/year)
128
Class A+++Deemed savings (kWh/year)
191
c.
DOMESTIC WASHING MACHINES
*Until 30 November 2013
Class A+ deemed savings (kWh/year)
26
Class A++ deemed savings (kWh/year)
d.
DOMESTIC DISHWASHERS
Until 30 November 2013**
Class A+ deemed savings (kWh/year)
37
Class A++ deemed savings (kWh/year)
69
Class A+++ deemed savings (kWh/year)
97
**From 1 December 2013
Class A++ deemed savings (kWh/year)
32
Class A+++ deemed savings (kWh/year)
60
**From 1 December 2013 For household dishwashers with a rated capacity equal to or higher
than 11 place settings and household dishwashers with a rated capacity of 10 place settings
and a width higher than 45 cm, the Energy Efficiency Index (EEI) shall be less than 63 (see
COMMISSION REGULATION (EU) No 1016/2010 Annex I)
3.2. Residential Lighting
Unitary energy savings GLS23 to CFL 16 kWh/year
Unitary energy savings GLS24 to LED 17 kWh/year
4. Default lifetimes
Energy efficiency improvement measure through Default lifetime in years
replacement of component
Boiler - condensing 20
Boiler direct evacuation 20
Burners, oil and gas 10
Control equipment 15-20
Control system central 15-25
Control system room control 15-25
Heating control: Control valves, automatic 10
ANNEX Vbis
Mutual recognition of energy savings
ANNEX VI
Minimum requirements for metering of individual energy consumption and the
frequency of billing based on actual consumption
1. Minimum requirements for metering of individual energy consumption
1.1. Individual meters
When an individual meter is installed, Member States shall ensure that it is connected to an
interface which provides secure communication to the final customer, enabling the meter to
export private metrological data to the final customer or a third party designated by the final
customer.
The interface shall provide private information enabling final customers to better control their
energy consumption and use the information for further potential analysis. Such information
shall at least indicate the current rate of consumption (e.g. kWh, kJ, m3) and related costs and
be communicated in a format that promotes consumer action in energy efficiency.
The National Regulatory Authority shall ensure that the interface also provides public data
that allows the final customer to consult and use the applicable time-of-use tariffs with real-
time pricing, peak time pricing and peak time rebates.
The private data exported through the interface shall offer the final customer a possibility to
consult his/her historic consumption levels (in local currency and in kWh, kJ or m3):
-
a)in the last seven days, day by day;
-
b)in the last complete week;
-
c)in the last complete month;
1.2. Heat cost allocators
Heat cost allocators shall be equipped with clearly legible displays allowing the final
customer to consult the current rate of consumption as well as historic consumption levels.
The historic periods displayed by the heat cost allocator shall match the billing periods.
2. Minimum requirements for billing
2.1 Frequency of billing based on actual consumption
In order to enable final customers to regulate their own energy consumption, billing on the
basis of actual consumption shall be performed with the following frequency:
-
a)On a monthly basis for electricity consumption.
-
b)At least every two months for the consumption of natural gas. Where gas is used for individual heating, billing shall be provided on a monthly basis.
-
c)With centralised heating and cooling, billing shall be provided on a monthly basis during the heating/cooling season.
-
d)At least every two months for hot water billing.
Billing based on the measurement of heat consumption using heat cost allocators shall be
accompanied with explanations of the numbers available through displays of heat cost
allocators, taking into account the standard characteristics of heat cost allocators (EN 834)25.
2.2. Minimum information contained in the bill
Member States shall ensure that the following information is made available to final
customers in clear and understandable terms in or with their bills, contracts, transactions, and
receipts at distribution stations:
2.3 Advice on energy efficiency accompanying bills and other feedback to final customers
When sending contracts and contract changes, and in the bills customers receive or through
websites addressing individual customers, energy distributors, distribution system operators
and retail energy sales companies shall inform their customers in a clear and understandable
manner of contact information for independent consumer advice centres, energy agencies or
similar institutions, including their internet addresses, where they can obtain advice on
available energy efficiency measures, benchmark profiles for their energy consumption and
technical specifications of energy using appliances that can serve to reduce the consumption
ANNEX VII
Potential for efficiency in heating and cooling
-
1.The assessment of national heating and cooling potentials referred to in Article 10(1) shall include:
(a) a description of heating and cooling demand;
(b) a forecast of how this demand will change in the next 10 years, taking into acccount in particular the evolution of demand in buildings and the different sectors of industry;
(c) a map of the national territory, identifying:
(i) heating and cooling demand points, including:
-
-municipalities and conurbations with a plot ratio of at least 0.3; and
-
-industrial zones with a total annual heating and cooling consumption
of more than 20 GWh;
(ii) existing and planned district heating and cooling infrastructure;
(iii) potential heating and cooling supply points, including:
-
-electricity generation installations with a total annual electricity production of more than 20 GWh; and
-
-waste incineration plants;
(ii) measures to develop efficient district heating and cooling infrastructure to accommodate the development of high-efficiency cogeneration and the use of heating and cooling from waste heat and renewable energy sources;
(iii) measures to ensure that new thermal electricity generation installations
and industrial plants producing waste heat are located in sites where a maximum amount of the available waste heat will be recovered to meet existing or forecasted heat and cooling demand;
(iv) measures to ensure that new residential zones or new industrial plants
which consume heat in their production processes are located in sites where a maximum amount of their heat demand will be met by the available waste heat, as identified in the comprehensive assessment. To ensure an optimal matching between demand and supply for heat and cooling, spatial plans shall favour the clustering of a number of industrial plants in the same location;
(v) measures to ensure that thermal electricity generating installations, industrial plants producing waste heat, waste incineration plants and other waste-to-energy plants are connected to the local district heating
or cooling network;
(vi) measures to ensure that residential zones and industrial plants which
consume heat in their production processes are connected to the local district heating or cooling network.
(g) the share of high efficiency cogeneration and the potential established and progress achieved under Directive 2004/8/EC.
(h) an estimate of the primary energy to be saved;
(i) an estimate of public support measures to heating and cooling, if any, with the annual budget and identification of the potential aid element. This does not prejudge a separate notification of the public support schemes for a State aid assessment.
ANNEX VIII
Guidelines for siting of thermal electricity installations and industrial installations
-
1.Siting of thermal electricity generation installations as referred in Article 10(3) and (6)
Where a heat demand point of the capacity given in the column C exists or there is a potential
heat demand point, the power plant must be located at less than the corresponding distance in
column A. A potential heat demand point is defined as one where it can be shown that one can
reasonably be created, for example by constructing a district heating network. For example,
using standard estimation techniques, if an aggregate heat load in excess of 15 MW / km2 can
be shown to exist, this is deemed to be a heat demand point. The total sum of such connectible
km square loads shall be deemed to be the demand capacity of such heat demand points.
Distance A is a pipeline route, not a straight line, along which it is considered feasible by
engineering experts using standard estimating techniques such as quantity surveying, to
construct a water carrying pipeline of the corresponding size at moderate cost. This excludes
obstacles such as mountain ranges, city centres, difficult river or sea crossings etc.
A B C
Maximum distance between Heat demand point estimated
proposed electricity Power station electrical annual consumption
installation and heat demand Capacity
point
< 100 km > 1999* MWe > 7500 TJ/year
-
2.Siting of industrial waste heat sources referred to in Article 10(8).
A B C
Maximum distance between Capacity Heat demand point estimated
proposed industrial annual consumption
installations and heat demand
point
< 75 km > 75 MW > 1600 TJ/year
(at 60-70% load)
< 60 km > 50 MW at 60% load factor >1000 TJ/year
< 25 km > 50 MW > 400 TJ/year
(> 85% load factor )
ANNEX VIIIbis
Cost-benefit analysis
ANNEX IX
Guarantee of origin for electricity produced from high efficiency cogeneration
-
a)Member States shall take measures to ensure that:
-
i)the guarantee of origin of the electricity produced from high-efficiency
cogeneration:
-
-enable producers to demonstrate that the electricity they sell is produced from high-efficiency cogeneration and is issued to this effect in response to a request from the producer;
-
-is accurate, reliable and fraud-resistant;
-
-is issued, transferred and cancelled electronically;
-
ii)the same unit of energy from high-efficiency cogeneration is taken into account only once.
-
b)The guarantee of origin referred to in Article 10(7) shall contain at least the following
information:
-
-the identity, location, type and capacity (thermal and electrical) of the installation where the energy was produced;
-
-the dates and places of production;
-
-the lower calorific value of the fuel source from which the electricity was produced;
-
-the quantity and the use of the heat generated together with the electricity;
ANNEX X
Inventory of energy efficiency data of energy transformation installations
The inventories referred to in Article 11 shall include:
-
a)a non-nominative list of electricity only generation installations with a rated thermal input of 50 MW or more, indicating for each:
-
-annual average installation electrical output (MW
-
e)and total rated thermal input
(MW
th);
-
-annual average primary fuel and fuel mix (if applicable);
-
-plant type and technology employed at the installation;
-
-design efficiency and its conditions;
-
-operation start date;
-
-date of last substantial refurbishment;
-
-the number of annual average operating hours;
-
-annual average net operational efficiency.
-
b)a non-nominative list of heat only installations with a rated thermal input of 50 MW or more, indicating for each:
-
-annual average installation thermal output and total rated thermal input (MW
th);
-
-annual average primary fuel and fuel mix (if applicable);
-
-plant type and technology employed at the installation;
-
c)a non-nominative list of cogeneration installations with a rated thermal input of 50 MW or more, indicating for each:
-
-annual average installations electrical and thermal output (MW
e and MW
th) and
total rated thermal input (MW
th);
-
-annual average primary fuel and fuel mix in accordance with Decision 2007/74/EC on harmonised reference values, if applicable;
-
-plant type and technology employed at the installation in accordance with Annex VII;
-
-design efficiency and its conditions;
-
-the designed electricity-only and heat-only efficiencies;
-
-annual average power to heat ratio;
-
-operation start date;
-
-date of last substantial refurbishment;
-
-the number of annual average operating hours;
-
-annual average net operational efficiency.
-
d)a non-nominative list of installations undertaking the refining of mineral oil and gas,
indicating for each:
-
-annual average installation energy input (MW
th);
-
-annual average installation energy output (energy content of the fuel mix, MW
th);
ANNEX XI
Energy efficiency criteria for energy network regulation and for network tariffs [...]
-
1.Network tariffs shall accurately reflect electricity and cost savings in networks achieved from demand side and demand response measures and distributed generation, including savings from lowering the cost of delivery or of network investment and a more optimal operation of the network.
-
2.Network regulation and tariffs shall allow network operators to offer system services and system tariffs for demand response measures, demand management and distributed generation on organised electricity markets, in particular:
-
a)the shifting of the load from peak to off-peak times by final customers taking into account the availability of renewable energy, energy from cogeneration and distributed generation;
-
b)energy savings from demand response of distributed consumers by energy aggregators ;
-
c)demand reduction from energy efficiency measures undertaken by energy service providers, including energy service companies ;
-
d)the connection and dispatch of generation sources at lower voltage levels;
-
e)the connection of generation sources from closer location to the consumption; and
-
f)the storage of energy.
For the purposes of this provision the term "organised electricity markets" shall include over-the-counter markets and electricity exchanges for trading energy, capacity, balancing and ancillary services in all timeframes, including forward, day-ahead and intra-day markets.
ANNEX XII
Energy efficiency requirements for transmission system operators and distribution
system operators
Transmission and distribution system operators shall:
-
a)set up and make public their standard rules relating to the bearing and sharing of costs
of technical adaptations, such as grid connections and grid reinforcements, improved
operation of the grid and rules on the non-discriminatory implementation of the grid
codes, which are necessary in order to integrate new producers feeding electricity
produced from high efficiency cogeneration into the interconnected grid;
-
b)provide any new producer of electricity produced from high-efficiency cogeneration
wishing to be connected to the system with the comprehensive and necessary
information required, including:
(i) a comprehensive and detailed estimate of the costs associated with the connection;
(ii) a reasonable and precise timetable for receiving and processing the request for
grid connection;
(iii) a reasonable indicative timetable for any proposed grid connection. The overall
process to become connected to the grid should be no longer than 12 months.
(c) provide standardised and simplified procedures for the connection of distributed high
efficiency cogeneration producers to facilitate their connection to the grid.
ANNEX XIII
Mimimum items to be included in energy performance contracts with the public sector
· Clear and transparent list of the efficiency measures to be implemented
· Guaranteed savings to be achieved by implementing the measures of the contract.
· Duration and milestones of the contract, terms and period of notice.
· Clear and transparent list of the obligations of each contracting party.
· Reference date(s) to establish achieved savings.
· Clear and transparent list of steps to be performed to implement a measure and associated costs.
· Obligation to fully implement the measures in the contract and documentation of all changes made during the project.
· Regulations specifying the inclusion of third parties (subcontracting).
· Clear and transparent display of financial implications of the project and distribution of the share of both parties in the monetary savings achieved (i.e. remuneration of the service provider).
· Clear and transparent provisions on measurement and verification of the guaranteed savings achieved, quality checks and guarantees.
· Provisions clarifying the procedure to deal with changing framework conditions that affect the content and the outcome of the contract (i.e. changing energy prices, use intensity of an installation).
· Detailed information on the obligations of each of the contracting party.
ANNEX XIV
General framework for reporting
PART 1. General framework for annual reports
The annual reports referred to in Article 19(1) provide a basis for the monitoring of the progress
towards national 2020 targets. Member States shall ensure that the reports include the following
minimum information:
-
a)an estimate of following indicators in the previous year:
(i) primary energy consumption as defined in Article 2(2)
(ii) total final energy consumption
(iii) final energy consumption by sector
· industry
· transport (split between passenger and freight transport)
· households
· services
(iv) gross value added by sector
· industry
· services
(v) disposable income of households
(vi) gross domestic product (GDP)
(xi) tonne kilometers (tkm)
(xii) population
In sectors where energy consumption remains stable or is growing, Member States shall analyse the reasons for it and attach their appraisal to the estimates.
-
b)updates on major legislative and non-legislative measures implemented in the previous year which contribute towards the overall national energy efficiency targets for 2020.
-
c)the total building floor area of the buildings with a total useful floor area over 500 m2 and as
of 9 July 2015 over 250 m2 owned by its public bodies that, on 1 January of the year in which
-
the report is due, did not meet the energy performance requirements referred to in Article 4(1);
-
d)the total building floor area owned by the Member States' public bodies that was renovated in the previous year.
-
e)energy savings achieved through the national energy efficiency obligation schemes referred to in Article 6(1) or the alternative measures adopted in application of Article 6(9).
The first report shall also include the national target referred to in Article 3(1).
In the annual reports referred to in Article 19(1) Member States may also include additional
national targets. These may be related in particular to the statistical indicators enumerated in
Annex XIV, Part 1a or combinations thereof, such as primary or final energy intensity or
sectoral energy intensities.
PART 2. General framework for supplementary reports
The reports referred to in Article 19(2) shall provide a framework for the development of national
2. Measures and energy savings
The reports shall provide information on measures adopted or planned to be adopted in view of
implementing the main elements of this Directive and on their related savings.
a) Primary energy savings
The reports shall list significant measures and actions taken towards primary energy saving in all
sectors of the economy. For every measure or package of measures/actions estimations of expected
savings for 2020 and savings achieved by the time of the reporting shall be provided.
Where available, information on other impacts/benefits of the measures (greenhouse gas emissions
reduction, improved air quality, job creation, etc.) and the budget for the implementation should be
provided.
b) Final energy savings
The first and second supplementary report shall include the results with regard to the fulfilment of
the final energy savings target set out in Article 4(1) and (2) of the Directive 2006/32/EC. If
calculation/estimation of savings per measure is not available, sector level energy reduction shall be
shown due to (the combination) of measures.
The first and second reports shall also include the measurement and/or calculation methodology
used for calculating the energy savings. If the "recommended methodology1" is applied, the report
should provide references to this.
-
3.
Specific information related to provisions of this Directive
3.1. Public bodies (Article 4)
Supplementary reports shall include the list of public bodies having developed an energy efficiency
plan in accordance with Article 4(4).
3.3. Energy audits and management systems (Article 7)
Supplementary reports shall include:
-
a)the number of energy audits carried out in the previous [...] period;
-
b)the number of energy audits carried out in large enterprises in the previous [...] period;
-
c)the number of large companies in their territory, with an indication of the number of those to which Article 7(3) is applicable.
3.4. Promotion of efficient heating and cooling (Article 10)
Supplementary reports shall include an assessment of the progress achieved in implementing the
comprehensive assessment referred to in Article 10(1).
3.5. Energy transformation (Article 11)
-
-Supplementary reports shall include a non-confidential summary of the inventories of data referred to in Article 11, in accordance with the requirements set in Annex X.
3.6. Energy transmission and distribution (Article 12)
-
-The first supplementary report and the subsequent reports due every 10 years thereafter shall include the assessment made, the measures and investments identified to utilise the energy efficiency potentials of gas and electricity infrastructure referred to in Article 12(2).
3.7. Availability of certification schemes (Article 13)
Supplementary reports shall include information on the available national certification schemes or
equivalent qualification schemes for the providers of energy services, energy audits and energy
efficiency improvement measures.
3.8. Energy Services (Article 14)
Supplementary reports shall include an internet link to the website where the national lists and
ANNEX XV
Correlation table
Directive 2006/32/EC This Directive
Article 1 Article 1
Article 2 Article 1
Article 3, point (a) Article 1, point (1)
Article 3, point (b) --
Article 3, point (c) --
Article 3, point (d) --
-- Article 2, point (2)
Article 3 point (e) Article 2, point (3)
Article 3, point (f) --
Article 3, point (g) --
Article 3, point (h) --
Article 3, point (i) --
-- Article 2, point (4)
-- Article 2, point (5)
Article 3, point (q) Article 2, point (9)
Article 3, point (r) --
Article 3, point (s) --
-- Article 2, point (11)
-- Article 2, point (14)
-- Article 3
Article 4 --
Article 5 Article 4, Article 5
Article 6(1)(a) Article 6 (6) points (b) and (c)
Article 6 (1)(b) Article 6 (7)
Article 6 (2) Article 6(1), (2), (3), (4), (5), (6) point (a),
(8), (9) and (10)
Article 7(1) --
Article 7(2) Article 15 (1) last indent
Article 7(3) --
Article 8 Article 13(1)
-- Article 13(2)
Article 13(1) Article 8(1)
Article 13(2) Article 8(2)
-- Article 9
-- Article 11
-- Article 12 (1) and (2)
-- Article 14, points (a) and (d)
-- Article 15(1), point (a) and (b)
-- Article 15(2)
-- Article 16
Article 14 (1) and (2) Article 19(1), (2), (3)
Article 14 (3) --
Article 14 (4) and (5) Article 19(4) and (5)
-- Article 17(1)
Article 15(1) Article 17(2)
Article 15(2) --
Article 15(3) --
Article 15(4) --
Article 20 Article 24
Annex I --
Annex II Annex IV
Annex III --
Annex IV --
Annex V --
Annex VI Annex III
-- Annex V
-- Annex VI
-- Annex VII
-- Annex VIII
-- Annex IX
-- Annex X
-- Annex XI
-- Annex XII
-- Annex XIII
-- Annex XIV
Article 3, point (f) --
Article 3, point (g) Article 2, point (20)
Article 3, point (h) --
Article 3, point (i) Article 2, point (19)
Article 3, point (j) --
Article 3, point (k) Article 2, point (21)
Article 3, point (l) Article 2, point (22)
Article 3, point (m) Article 2, point (24)
Article 3, point (n) Article 2, point (23)
Article 3, point (o) --
-- Article 2, point (25)
-- Article 2, point (26)
-- Article 2, point (27)
Article 4(1) Annex II, point (f) first indent
-- Article 10(1) to (9)
Article 4(2) Article 10(10) third indent
Article 4(3) --
Article 5 Article 10(10) first and second indent
Article 10(1) and (2) --
Article 10(3) Article 19(6)
Article 11 --
Article 12 --
Article 13 Article 17(2)
Article 14 --
Article 15 Article 22
Article 16 --
Article 17 Article 23
Article 18 Article 24
Annex I Annex I, Part II
Annex II Annex I, Part I
-- Annex I, Part III
Annex III Annex II
Annex IV --
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| publicatiedatum | 03-10-2011 |
|---|---|
| kenmerk | 14980/11 |
