6 Energy performance of buildings
| (30196)
15929/08
+ ADDs 1-2
COM(08) 780
| Draft Directive on the energy performance of buildings (recast)
|
| Legal base | Article 175(1)EC; co-decision; QMV
|
| Document originated | 13 November 2008
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| Deposited in Parliament | 24 November 2008
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| Department | Communities and Local Government
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| Basis of consideration | EM of 9 January 2009
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| Previous Committee Report | None
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| To be discussed in Council | No date set
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| Committee's assessment | Politically important
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| Committee's decision | Not cleared; further information requested
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Background
6.1 Directive 2002/91/EC aims to promote the cost-effective improvement
of the energy performance of new and existing residential and
non-residential buildings, covering energy needs for space and
hot water heating, cooling, ventilation and lighting. Most of
its provisions apply to all buildings, but some apply only to
specific building types, and the Directive combines different
regulatory and information-based instruments. Thus, it requires
Member States to set minimum energy performance requirements,
and to ensure that these are met by new buildings, and by existing
buildings with a floor area above 1000m2 when these
undergo major renovation, and it also requires them to establish
arrangements for the issue and display of energy performance certificates,
and for the inspection of boilers and air conditioning systems
of a specified output. It does not, however fix Community-wide
standards, allowing factors such as outdoor climate and individual
building traditions to be taken into account by Member States.
6.2 The Commission notes that the comprehensive climate
and energy package it put forward in January 2007, including a
20-20-20 reduction in energy consumption, greenhouse gas emissions
and increased share of renewables by 2020, was endorsed by the
European Council in March 2007, and it points out that the buildings
sector — which it says is the largest user of energy and
carbon dioxide emitter in the Community, responsible for 40% of
consumption and emissions — has a significant untapped potential
for cost-effective savings. It suggests that, if realised, these
would result in the Community consuming 11% less final energy
by 2020, leading to reduced energy bills and import dependency,
and a positive impact on climate.
The current proposal
6.3 The current proposal,
which has been put forward as part of the Second Strategic Energy
Review,[39] is a re-cast
of Directive 2002/91/EC. As such, it would retain many of the
existing provisions, but it would also extend the scope of the
Directive, and clarify and strengthen a number of its provisions.
Thus, it would:
- extend to all new buildings,
irrespective of floor area, the requirement that the feasibility
of alternative systems (such as cogeneration and district heating)
should be considered before construction starts;
- likewise, extend to all existing buildings, irrespective
of floor area, the need to meet specified minimum energy performance
requirements when they undergo a major renovation;
- introduce minimum energy performance requirements
for systems, such as boilers, water heaters and air conditioning
installed in buildings;
- require Member States to draw up national plans
for increasing the number of new and refurbished buildings for
which carbon dioxide emissions and primary energy consumption
are low or equal to zero, setting targets for the minimum percentage
(in terms of the number of buildings and floor area) to be achieved
by 2020, with separate targets for residential, non-residential
and public buildings, and intermediate targets for 2015;
- introduce more specific requirements relating
to the content of energy performance certificates, coupled with
new requirements governing their issue when buildings are constructed,
sold or rented, and where over 250m2 is occupied by
a public authority;
- reduce from 1000m2 to 250m2 the
area above which such a certificate has to be prominently displayed
if a building is occupied by a public authority, and introduce
a similar requirement for any building above 250m2
which is frequently visited by the public;
- extend the requirement on Member States to establish
regular inspections of the boiler heating systems (which currently
applies to those with an output between 20kW and 100kW and fired
by non-renewable liquid or solid fuel) to include all boilers
with an output greater than 20kW;
- require reports to be provided regularly to owners
or tenants of buildings on inspections of boilers and air conditioning
systems, and oblige Member States to ensure that these are carried
out independently by accredited experts, and subject to verification;
- require Member States to establish penalties
for infringements.
These changes would have to come into force by the
end of 2010 for buildings occupied by public authorities, and
by the end of January 2012 for all others.
6.4 The main change, however, would relate to the
setting of minimum energy performance requirements by Member States.
At present, these vary considerably, and the Commission says they
are in many cases set at "far from cost-optimal levels",[40]
resulting in a reduced opportunity for improving energy performance
in an economic way. It has therefore proposed that the minimum
requirements set by Member States should be gradually aligned
with cost-optimal levels calculated in accordance with a methodology
to be developed by the Commission by the end of 2010. This will
include the variables shown in the footnote below, but Member
States would be free to fix these. Initially, the aim would be
to move actual requirements towards these cost-optimal levels,
but Member States would be required to achieve those levels by
30 June 2017, and, as from 30 June 2014, they would no longer
be able to provide incentives for the construction or renovation
of buildings which did not meet them.
The Government's view
6.5 In his Explanatory Memorandum of 9 January 2009,
the Parliamentary Under-Secretary of State at the Department for
Communities and Local Government (Iain Wright) says that the majority
of the proposals are in line with, or replicate, the measures
which the UK has already adopted.[41]
However, he points out that some — notably the establishment
of a comparative methodology for calculating cost-optimal minimum
energy performance, and the more extensive requirements for the
display of energy performance certificates — would go much
further, and he describes as "extremely challenging"
the need for measures applying to buildings occupied by the public
to be in place by the end of 2010. He also says that some of the
definitions[42] in the
proposal need to be clarified; that the financial implications,
though not yet quantified, are likely to be significant, not least
the need to provide an independent control system for energy performance
certificates and inspections of heating and air conditioning systems;
and that the Government will be able to produce an Impact Assessment
once the proposals have been agreed.
Conclusion
6.6 The Minister has provided a extensive description
of the provisions in the proposal, as well as of the ways in which
the UK has implemented Directive 2002/91/EC, and we have noted
that many of the additional, or amended, provisions now proposed
are in line with what is already in place. Having said that, we
also note that there are a number of uncertainties, partly in
terms of specific definitions, but more particularly as regards
the introduction of cost-optimal energy performance levels, and
the provision of control systems for energy performance certificates
and inspections of heating and air conditioning systems. We recognise
that these uncertainties make it difficult at present to quantify
the financial implications or to produce an Impact Assessment,
but we are nevertheless concerned at the suggestion that such
an Assessment should only be provided after the measure
is adopted. In our view, a proper assessment is required before
any such agreement is reached, and it is certainly something we
should wish to see before we can consider clearing the proposal.
In addition, we think it sensible to defer any such consideration
until we have received more information on the progress of negotiations
in Brussels.
6.7 Consequently, whilst we are drawing the proposal
to the attention of the House, we intend to hold it under scrutiny,
pending receipt of this further information.
39 (30198) 15944/08: see HC 19-iii (2008-09), chapter
2 (14 January 2009). Back
40
Described as the lowest level of costs during the life-cycle of
the building, taking into account investment costs, maintenance
and operating costs (including energy) and disposal costs. Back
41
Such as the Carbon Emissions Reduction Target and the Community
Energy Savings Programme, announced by the Prime Minister in September
2008 as part of the Home Energy Savings Programme. Back
42
Such as what constitutes "a building", "energy
performance", "life cycle" and "frequently
visited". Back
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