ENERGY EFFICIENCY DIRECTIVE – ARTICLE 6 EXEMPLARY ROLE OF PUBLIC BODIES’ BUILDINGS – FINAL POSITIONS OF COUNCIL AND PARLIAMENT BEFORE TRILOGUE

Publication date:October 10, 2022

For Article 6, there is already no substantive difference between Parliament and Council; simply slightly different ways of achieving a step-change in the speed and depth of renovation of the public building stock. From the outset, we predicted that this Directive would be decisive for the level of ambition for all building renovation legislation, because if the member states backed away from their obligations for their own buildings, that would have rendered it politically very difficult to impose a step-change in private renovation in the EPBD. Conversely, now that they have delivered for public buildings, the EPBD minimum energy performance standards seem secure.

The obligation to renovate annually 3% of all public buildings at every level of government to NZEB level

Parliament Compromise Amendment

Council Common Position

1. Without prejudice to Article 7 of Directive 2010/31/EU of the European Parliament and of

the Council, each Member State shall ensure that at least 3 % of the total floor area of heated

and/or cooled buildings owned by public bodies of the following categories and of buildings for social purposes [see second-to-next section] is renovated each year to at least be transformed into nearly zero-energy buildings or zero-emission buildings in accordance with Article 9 of Directive 2010/31/EU with due consideration of cost-effectiveness and technical feasibility:

 

(a) buildings owned by public bodies;

 

(b) buildings newly occupied by public bodies, as from the entry into force of this Directive; [see next section]

 

(c) buildings occupied by public bodies when reaching a trigger point (renewal of rental, sale, change of use, significant repair or maintenance work). [see next section]

 

1. Without prejudice to Article 7 of Directive 2010/31/EU of the European Parliament and of the Council, each Member State shall ensure that at least 3 % of the total floor area of heated and/or cooled buildings owned by public bodies is renovated each year to at least be transformed into nearly zero-energy buildings in accordance with Article 9  of Directive 2010/31/EU.

 

 

 

This is the very essence of the step-change and Parliament and Council are on the same page. They have both accepted:

  • to include the building stock of every level of government: central, regional, municipal, whereas under the existing Directive, it’s just central government buildings;
  • to renovate to nearly zero-energy level, whereas under the existing Directive, no level is specified (there is a superficial difference between Parliament and Council in that Parliament’s text states “to at least be transformed into nearly zero-energy buildings or zero-emission buildings”, but it is neutered by the word ‘or’).

This is the revolution. The rest is relatively minor in comparison, but they are largely agreed on that as well.

The divergences already apparent here above on buildings rented by government and on social housing are analysed below.

Full EPF Secretariat report including the divergences between Council and Parliament on buildings rented by government and on social housing as well as Council and Parliament amendments under epf22-41 of 01.08.2022

For Article 6, there is already no substantive difference between Parliament and Council; simply slightly different ways of achieving a step-change in the speed and depth of renovation of the public building stock. From the outset, we predicted that this Directive would be decisive for the level of ambition for all building renovation legislation, because if the member states backed away from their obligations for their own buildings, that would have rendered it politically very difficult to impose a step-change in private renovation in the EPBD. Conversely, now that they have delivered for public buildings, the EPBD minimum energy performance standards seem secure.

The obligation to renovate annually 3% of all public buildings at every level of government to NZEB level

Parliament Compromise Amendment

Council Common Position

1. Without prejudice to Article 7 of Directive 2010/31/EU of the European Parliament and of

the Council, each Member State shall ensure that at least 3 % of the total floor area of heated

and/or cooled buildings owned by public bodies of the following categories and of buildings for social purposes [see second-to-next section] is renovated each year to at least be transformed into nearly zero-energy buildings or zero-emission buildings in accordance with Article 9 of Directive 2010/31/EU with due consideration of cost-effectiveness and technical feasibility:

 

(a) buildings owned by public bodies;

 

(b) buildings newly occupied by public bodies, as from the entry into force of this Directive; [see next section]

 

(c) buildings occupied by public bodies when reaching a trigger point (renewal of rental, sale, change of use, significant repair or maintenance work). [see next section]

 

1. Without prejudice to Article 7 of Directive 2010/31/EU of the European Parliament and of the Council, each Member State shall ensure that at least 3 % of the total floor area of heated and/or cooled buildings owned by public bodies is renovated each year to at least be transformed into nearly zero-energy buildings in accordance with Article 9  of Directive 2010/31/EU.

 

 

 

This is the very essence of the step-change and Parliament and Council are on the same page. They have both accepted:

  • to include the building stock of every level of government: central, regional, municipal, whereas under the existing Directive, it’s just central government buildings;
  • to renovate to nearly zero-energy level, whereas under the existing Directive, no level is specified (there is a superficial difference between Parliament and Council in that Parliament’s text states “to at least be transformed into nearly zero-energy buildings or zero-emission buildings”, but it is neutered by the word ‘or’).

This is the revolution. The rest is relatively minor in comparison, but they are largely agreed on that as well.

The divergences already apparent here above on buildings rented by government and on social housing are analysed below.

Full EPF Secretariat report including the divergences between Council and Parliament on buildings rented by government and on social housing as well as Council and Parliament amendments under epf22-41 of 01.08.2022