Topics discussed and partial agreement

The legislative proposal and the ambitious amendments proposed by the Parliament appear to have been watered down significantly towards the Council position, as expected.

Member States have successfully opposed a renovation obligation, softened the criteria for zero-emission buildings, and kept flexibility in the Energy Performance Certification (EPC) provisions. Other topics that were under discussion include inspection requirements for HVAC systems, and the Smart Readiness Indicator (SRI).

The precise text of the partial agreement has not been seen by Eurovent.

Article 11a on Indoor Environmental Quality

The detailed Article 11a on Indoor Environmental Quality as proposed by the Parliament has been deleted. Instead, a provision will be added to Article 11 which mandates Member States to set requirements for IEQ. The draft clause reads as follows:

“Member States shall set requirements for the implementation of adequate indoor environmental quality standards in buildings in order to maintain a healthy indoor climate.”

Next steps

It is expected that the next round of interinstitutional negotiations, which is taking place over the course of November, will conclude the file.

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Public consultation on heat pumps action plan

Shortly after the call for evidence closed on 26 May 2023, the Commission opened the public consultation on the heat pumps action plan. Whereas the call for evidence has an open-ended submission format, the publication consultation takes the shape of a survey. The survey is open until 30 August 2023 and can be found here. All Eurovent members are encouraged to respond.

Heat pumps stakeholder forums

The European Commission is organising 4 stakeholder consultation events. The first one was on 25 May 2023 on skills and communication. The following additional forums are planned:

• 16 June 2023: Research, innovation and market development
• 5 July 2023: Financing the roll-out of heat pumps
• September 2023 (date TBC): Supportive framework conditions and governance (European, national, regional and local)

These consultation events aspire to set an agenda for the future Heat Pump accelerator partnership. They will take place in a hybrid mode (online and onsite). Interested parties should register through the form linked here.

Next steps

The Action Plan is expected to be adopted and published in Q4 2023.

More information on the European Commission’s heat pump policy is available here.

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Introduction

The workshop focussed on Task A of the technical study, including definitions and relevant sustainability indicators. The European Commission wants to introduce a labelling performance standard for data centres.

Next steps

Task B of the technical study will focus on the assessment of the options for labelling and minimum performances standards schemes for data centres.

Task C will address options for an EU repository for the reporting obligation of data centres.

Task D should result in a guidance document for Member States.

Written input ahead of Tasks A, B and C of the study are welcome by 24 March 2023. The resulting reports might be presented in May or June 2023. Comments can also be sent directly to: nikolaos.kontinakis@ec.europa.eu and rrq@viegandmaagoe.dk.

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Compromise text adopted

The draft compromise that was found between the EPP, S&D, Renew, Greens/EFA, and The Left at the end of January 2023, was approved by formal vote in the ITRE committee on 9 February 2023.

The ITRE report will go to the Plenary during its session of 13eurovent-market-intelligence/news/eurovent-market-intelligence/-16 March 2023. After adoption by the Plenary, the interinstitutional negotiations will start. The Council already adopted its negotiating position end of last year.

Decarbonisation

One of the important points in the compromise concerns the level of ambition on the fossil fuel phase-out and the role of renewable fuels like hydrogen for heating buildings. The adopted compromise text, under Article 7 paragraph 4a, aim to phase-out fossil fuels but makes an exemption for ‘boilers certified to run on renewable fuels’. This appears to be a loophole that allows the continued installation and use of fossil fuel boilers so long as they could potentially run on renewable fuels, shifting the decarbonisation onus to the gas supply rather than the building equipment.

Indoor Environmental Quality

The strong provisions on Indoor Environmental Quality (IEQ) were mostly preserved, including the dedicated Article 11a. This article binds Member States to set IEQ requirements in national buildings codes based on the LEVELs framework, which itself refers to EN 16798. Relevant indicators must be measured in the building, including CO₂ concentration, temperature and thermal comfort, relative humidity, and ventilation rates.

The post ITRE report on EPBD adopted appeared first on Eurovent.

Short summary

The deal foresees the creation of separate ETS II for buildings and transport by 2027. Under this new scheme, fuel retailers must buy allowances for the CO2eq of the fuels they release for consumption.

Prices will increase for consumers and businesses and price signals will favour electrifications, i.e. heat pumps for heating.

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ENVI opinion

The ENVI final opinion on the EPBD will feed into the discussion in the lead committee (ITRE). The opinion proposes more ambition than the Commission and Council proposals and contains strong provisions on indoor environmental quality (IEQ) including a definition based on EN 16798eurovent-market-intelligence/news/eurovent-market-intelligence/-1 and an inspection obligation.

Timeline

Following the publication of the Council’s general approach, the process was delayed in the European Parliament. The ITRE report has not yet been adopted and not placed on the agenda of the December plenary session. The ITRE committee is reconsidering its approach to prepare for difficult negotiations with the Council. Final adoption and publication expected in early to mid-2023.

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Data centres workshop

Eurovent received an invitation to attend the first stakeholder workshop dedicated to the provisions on data centres that are part of the proposal for an Energy Efficiency Directive recast. The workshop will take place online on 6 December 2022, from 09:00 to 12:00 Brussels time.

The purpose of the workshop is to discuss the introduction of a reporting scheme for the sustainability of data centres and the details concerning such a scheme. In addition, the study that has been commissioned concerning the data centre provisions that are included in the proposal for an Energy Efficiency Directive recast will be presented.

Contact persons

The initiative comes from DG ENER – Unit B2: Energy Efficiency. The policy officer in charge is Nikolaos Kontinakis (nikolaos.kontinakis@ec.europa.eu).

The study is carried out by Viegand Maagøe and COWI, who will organise the stakeholders’ consultation after the first stakeholders meeting. The contact person is Rocío Rodríguez Quintero (rrq@viegandmaagoe.dk).

Recommended actions

The connection details have not yet been received at the time of writing. Interested members are recommended to notify the Secretariat and carefully assess the accompanying documents.

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In the details, however, the Council’s position is less ambitious than the Commission proposal and would keep significant flexibility for Member States.

Summary of the Council position

The Council finalised its position on the EPBD revision proposal submitted by the Commission on 15 December last year. A summary of its position and differences with the Commission proposal is below.

Article 3 – National building renovation plans

Some amendments on the links with national energy and climate plans, and proposal to postpone the submission deadline of the first plan by 1 year.

Article 6 – Cost-optimal framework

Proposal to move up the revision of the cost-optimal framework by 1 year.

Article 7 – New buildings

Proposal that new public buildings should be zero-emission from 2028 instead of 2027 as proposed by the Commission. The deadline for all other new buildings remains 2030. However, the definition of zero-emission building is significantly amended (see Article 9b).

The injunction to ‘address the issues of healthy indoor climate conditions’ in both Article 7 (new buildings) and Article 8 (existing buildings) remains.

Article 9 – Minimum energy performance standards (for existing buildings)

Proposal to specify maximum energy performance thresholds expressed in primary energy use rather than energy performance classes (A-G) as proposed by the Commission.

Non-residential

The first threshold is defined at the energy performance that cuts off the 15% worst-performing non-residential buildings in 2020. This threshold should be met by all non-residential buildings by 2030.

The second threshold is the level that cuts off the 25% worst-performing non-residential buildings. This threshold should be met by 2034.

This is less ambitious than the Commission proposal, which required class F by 2027 and class E by 2030, where class F would have corresponded to the 15% worst-performing buildings.

Residential

MEPS proposed by the Commission (class F by 2030 and class E by 2033) rejected entirely. Instead, Member States shall set MEPS based on a national trajectory aimed at zero-emissions by 2050. The only specification is that the average energy use of the entire residential building stock should be at least equivalent to class D by 2033 and a nationally determined value by 2040. Moreover, Member States may opt not to apply these standards to single family houses, in which case they should ensure that those houses meet at least class D 5 years after they are next sold, rented, donated, or changed in the cadastre.

Article 9b – Zero emission buildings

Proposal to set the definitions of zero emission buildings at Member State level. The common definitional thresholds proposed by the Commission in Annex II are deleted.

It is only specified that a zero-emission building should (i) not cause any on-site carbon emissions from fossil fuels and (ii) its total annual primary energy use should be covered by renewables generated onsite, nearby, or from a renewable energy community (RED), or from an efficient district heating and cooling system (EED), or from carbon free sources.

Article 10 – Renovation passports

Proposal to introduce the renovation passport scheme by the end of 2025 rather than 2024 as proposed by the Commission. Moreover, the passport should be voluntary for building owners.

Article 11 – Technical building systems

Member States may set requirements related to the minimum part of renewable energy used for heating at building level and should strive to replace fossil-fuelled heat generators in existing buildings to achieve net-zero by 2050.

The requirement to equip zero-emission buildings with measuring and control devices for indoor air quality is kept, but the Council proposes to apply it only to non-residential buildings.

Article 12 – Smart readiness of buildings

Proposal to conclude the SRI test phase and have the Commission submit a report by 2026 to the Member States assessing the results. If the assessment is positive, only then shall the Commission adopt a delegated act requiring its application.

Article 15 – Financial incentives

Article 15 is a rare occasion where the Council proposes more ambition: the Commission had proposed to phase out subsidies for fossil fuel boilers by 2027. The Council suggests 2025.

Article 16 – Energy performance certificates

Proposal to move back by 1 year the compliance with the EPC template of Annex V. Harmonised scaling rejected – setting the scales left to the Member States. Introduction of a new mandatory class A0 for zero-emission buildings and voluntary class A+ for buildings that make a positive net annual contribution to the energy grid from on-site renewables. Agreement that EPC should be issued based on an on-site visit, but rejection of the shortened validity of EPC from 10 to 5 years proposed by the Commission.

Article 20 – Inspections of HVAC systems

Only relatively minor amendments on wordings and exceptions.

Annex I – Energy performance calculation framework

Option to use monthly time calculation intervals kept, whereas the Commission had proposed to use hourly or sub-hourly intervals.

The reference to EN 16798eurovent-market-intelligence/news/eurovent-market-intelligence/-1 survives.

Annex II – Template for national building renovation plans

Proposal to either scrap or makes optional many of the indicators proposed by the Commission. Health and well-being aspects are not included in the wider benefits.

Annex V – Template for energy performance certificates

Optional indicators for the presence of sensors and controls for indoor air quality maintained.

Next steps

With the Council position finalised, the process awaits the position of the Parliament. The Parliament’s ITRE Committee vote is scheduled for 26 November 2022. The indicative Plenary sitting date is December 2022. The trilogue negotiations between the co-legislators will begin shortly afterwards.

The post Council agrees to general approach on EPBD appeared first on Eurovent.

Background

The draft legislation was tabled by the Commission as part of the RepowerEU package, which aims to cut European dependence on fossil fuel imports from Russia, following its aggression of Ukraine. It will amend the RED, EED and EPBD, on which separate revisions are ongoing as part of the “Fit for 55” package.

Key points of the adopted ITRE report

The draft report was adopted by the ITRE Committee by 49 votes to 3, with 8 abstentions. In short, MEPs voted for the following proposals:  

• Faster procedures to issue permits for renewable energy installations
• A boost for the EU’s domestic production amid energy crisis
• Scheme will reduce dependence on fossil fuels imported from Russia

The draft report will be put to a vote by the Parliament at a forthcoming plenary session.

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