Working document for informal trialogue 04/04/2012

COUNCIL OF Brussels, 29 March 2012
THE EUROPEAN UNION

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Interinstitutional File:
2011/0172 (COD) LIMITE

ENER 94
ENV 206
TRANS 81
ECOFIN 259
RECH 88
CODEC 662

NOTE
from: General Secretariat of the Council
to: Delegations
No. Cion prop.: 12046/11 ENER 256 ENV 582 TRANS 201 ECOFIN 454 RECH 252
CODEC 1102
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 a four-column document on the above mentioned proposal
(preamble and articles): the Commission proposal, the amendments voted by the European
Parliament's ITRE Committee on 28 February 2012, and the revised Presidency suggestions1 in the
first three columns. The fourth column contains general indications on first orientations in relation
to the ITRE amendments as they emerged from the discussions. Changes as compared to the
Commission proposal are in bold; deletions are reflected by […]. Underlining in bold indicates
new changes to the Commission proposal and […] deletion, compared to the third column in
7127/12 + ADD 1.
Annexes to the abovementioned proposal are to be found in Addendum 2.

________________________

1
The text focuses on the operational part of the Directive. There may be a need to subsequently fine
tune overall consistency and cross-references within the text.

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DG C LIMITE EN

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

COMMISSION PROPOSAL ITRE OPINION PRELIMINARY COUNCIL PRELIMINARY COUNCIL VIEWS
POSITION ON ITRE AMENDMENTS
(1) The Union is facing unprecedented AM 1 (1) The Union is facing
challenges resulting from increased dependence (1) The Union is facing unprecedented unprecedented challenges resulting from
on energy imports and scarce energy resources, challenges resulting from increased increased dependence on energy imports
and the need to limit climate change and to dependence on energy imports and and scarce energy resources, and the
overcome the economic crisis. Energy scarce energy resources, and the need to need to limit climate change and to
efficiency is a valuable means to address these limit climate change and to overcome overcome the economic crisis. Energy
challenges. It improves the Union's security of the economic crisis. Energy efficiency is efficiency is a valuable means to address
supply by reducing primary energy a valuable means to address these these challenges. It improves the Union's
consumption and decreasing energy imports. It challenges without hampering security of supply by reducing primary
helps to reduce greenhouse gas emissions in a economic activity. It improves the energy consumption and decreasing
cost-effective way and thereby to mitigate Union's security of supply by reducing energy imports. It helps to reduce
climate change. Shifting to a more energy- primary energy consumption and greenhouse gas emissions in a cost-
efficient economy should also accelerate the decreasing energy imports. It helps to effective way and thereby to mitigate
spread of innovative technological solutions reduce greenhouse gas emissions in a climate change. Shifting to a more
and improve the competitiveness of industry in cost-effective way and thereby to energy-efficient economy should also
the Union, boosting economic growth and mitigate climate change. It is a crucial accelerate the spread of innovative
creating high quality jobs in several sectors instrument for keeping energy technological solutions and improve the
related to energy efficiency. affordable for all consumers and in the competitiveness of industry in the
fight against energy poverty. Shifting to Union, boosting economic growth and
a more energy-efficient economy should creating high quality jobs in several
also accelerate the spread of innovative sectors related to energy efficiency.
technological solutions and improve the
competitiveness of industry in the
Union, boosting economic growth and
creating high quality jobs in several
sectors related to energy efficiency that
will be able to be safeguarded in the

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ANNEX DG C LIMITE EN

medium and long term in terms of
global competition.
AM 2
Recital 1a (new)

(1a) In this context, a specific emphasis
should be placed on local European
producers and SMEs fulfilling high
quality standards for their products and
services. To this end, the Union should
effectively control related imports from
third countries to guarantee that such
products and services fulfil the same
high quality standards as local
producers and service providers in the
Union.
(2) The Presidency Conclusions of the AM 3 (2) The […] Conclusions of the
European Council of 8 and 9 March 2007 (2) The Presidency Conclusions of the European Council of 8 and 9 March
emphasized the need to increase energy European Council of 8 and 9 March 2007 emphasized the need to increase
efficiency in the Union to achieve the objective 2007 emphasized the need to increase energy efficiency in the Union to
of saving 20% of the Union‟s primary energy energy efficiency in the Union to achieve the objective of saving 20% of
consumption by 2020 compared to projections. achieve the objective of saving 20% of the Union‟s primary energy
This amounts to a reduction of the Union's the Union's primary energy consumption consumption by 2020 compared to
primary energy consumption of 368 Mtoe in by 2020 compared to projections. This projections. The conclusions of the
20201. amounts to a reduction of the Union's European Council of 4 February 2011
primary energy consumption of 368 emphasized that the 2020 20% energy
Mtoe in 2020 and to a total primary efficiency target as agreed by the June
energy consumption in the Union of 2010 European Council, which is
1474 Mtoe in 2020. presently not on track, must be
delivered. Projections made in 2007
showed a primary energy
consumption in 2020 of 1842 Mtoe. A
20% reduction results in 1474 Mtoe in
2020, i.e. a reduction of 368 Mtoe as
compared to projections.

1
Projections made in 2007 showed a primary energy consumption in 2020 of 1842 Mtoe. A 20% reduction results in 1474 Mtoe in 2020, i.e. a reduction of 368 Mtoe as
compared to projections.

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(3) The Presidency Conclusions of the (3) The […] Conclusions of the
European Council of 17 June 2010 confirmed European Council of 17 June 2010
the energy efficiency target as one of the confirmed the energy efficiency target
headline targets of the Union's new strategy for as one of the headline targets of the
jobs and smart, sustainable and inclusive Union's new strategy for jobs and smart,
growth (Europe 2020 Strategy). Under this sustainable and inclusive growth
process and in order to implement this (Europe 2020 Strategy). Under this
objective at national level, Member States are process and in order to implement this
required to set national targets in close dialogue objective at national level, Member
with the Commission and to indicate, in their States are required to set national targets
National Reform Programmes, how they intend in close dialogue with the Commission
to achieve them. and to indicate, in their National Reform
Programmes, how they intend to achieve
them.
AM 4
Recital 3 a (new)

(3a) The energy efficiency targets can
best be reached by involving as many
parties as possible, public as well as
private. This will induce a high
leverage effect, create jobs and
contribute to greener growth on the
path to the creation of a competitive
and sustainable Europe.
(4)The Commission Communication on Energy AM 5 (4) The Commission Communication
20201 places energy efficiency at the core of (4) The Commission Communication on on Energy 2020[…]places energy
the EU energy strategy for 2020 and outlines Energy 2020 indicates that energy efficiency at the core of the EU energy
the need for a new energy efficiency strategy efficiency is one of the priorities of the strategy for 2020 and outlines the need
that will enable all Member States to decouple EU energy strategy for 2020 and for a new energy efficiency strategy that
energy use from economic growth. outlines the need for a new energy will enable all Member States to
efficiency strategy that will enable all decouple energy use from economic
Member States to decouple energy use growth.
from economic growth.
(5) In its Resolution of 15 December
(5) In its Resolution of 15 December 2010
2010 on the Revision of the Energy

1
COM/2010/0639 final.

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on the Revision of the Energy Efficiency Efficiency Action Plan[…], the
Action Plan1, the European Parliament called European Parliament called on the
on the Commission to include in its revised Commission to include in its revised
Energy Efficiency Action Plan measures to Energy Efficiency Action Plan measures
close the gap to reach the overall EU energy to close the gap to reach the overall EU
efficiency objective in 2020. energy efficiency objective in 2020.
AM 6 (6) One of the flagship initiatives of
(6) One of the flagship initiatives of the
(6) One of the flagship initiatives of the the Europe 2020 Strategy is the
Europe 2020 Strategy is the resource-efficient
Europe 2020 Strategy is the resource- resource-efficient Europe flagship
Europe flagship adopted by the Commission on
efficient Europe flagship adopted by the adopted by the Commission on 26
26 January 20112. This identifies energy
Commission on 26 January 2011. This January 2011[…]. This identifies energy
efficiency as a major element in ensuring the
identifies energy efficiency as a major efficiency as a major element in
sustainability of the use of energy resources.
element in ensuring the sustainability of ensuring the sustainability of the use of
the use of energy and other resources energy resources.
and in safeguarding the
competitiveness of the Union.
AM 7 (7) The […] Conclusions of the
(7) The Presidency Conclusions of the
(7) The Presidency Conclusions of the European Council of 4 February 2011
European Council of 4 February 2011
European Council of 4 February 2011 acknowledged that the EU energy
acknowledged that the EU energy efficiency
acknowledged that the EU energy efficiency target is not on track and that
target is not on track and that determined action
efficiency target is not on track and that determined action is required to tap the
is required to tap the considerable potential for
determined action is required to tap the considerable potential for higher energy
higher energy savings in buildings, transport,
considerable potential for higher energy savings in buildings, transport, products
products and processes.
savings in buildings and transport by and processes. These conclusions also
using resources more efficiently in foresee that the implementation of the
these sectors on the basis of low-energy EU energy efficiency target will be
products and technological processes, reviewed by 2013 and further
including efficient conversion measures considered if necessary.
processes in the energy sector.
(8) On 8 March 2011, the
(8) On 8 March 2011, the Commission
Commission adopted its
adopted the Energy Efficiency Plan 20113. This
Communication on an Energy
confirmed that the Union is not on track to
Efficiency Plan 2011[…]. This
achieve its energy efficiency target. To remedy

1
2010/2107(INI).
2
COM(2011)21.
3
COM(2011) 109 final.

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this, it spelled out a series of energy efficiency confirmed that the Union is not on track
policies and measures covering the full energy to achieve its energy efficiency target.
chain, including energy generation, To remedy this, it spelled out a series of
transmission and distribution; the leading role energy efficiency policies and measures
of the public sector in energy efficiency; covering the full energy chain, including
buildings and appliances; industry; and the energy generation, transmission and
need to empower final customers to manage distribution; the leading role of the
their energy consumption. Energy efficiency in public sector in energy efficiency;
the transport sector was considered in parallel buildings and appliances; industry; and
in the White Paper on Transport, adopted on 28 the need to empower final customers to
March 20111. In particular, Initiative 26 of the manage their energy consumption.
White Paper calls for appropriate standards for Energy efficiency in the transport sector
CO2 emissions of vehicles in all modes, where was considered in parallel in the White
necessary supplemented by requirements on Paper on Transport, adopted on 28
energy efficiency to address all types of March 2011[…]. In particular, Initiative
propulsion systems. 26 of the White Paper calls for
appropriate standards for CO2 emissions
of vehicles in all modes, where
necessary supplemented by
requirements on energy efficiency to
address all types of propulsion systems.
AM 8 (9) On 8 March 2011, the
(9) On 8 March 2011, the Commission also
(9) On 8 March 2011, the Commission Commission also adopted a Roadmap
adopted a Roadmap for moving to a
also adopted a Roadmap for moving to a for moving to a competitive low carbon
competitive low carbon economy in 20502,
competitive low carbon economy in economy in 2050[…], identifying the
identifying the need from this perspective for
2050, identifying the need from this need from this perspective for more
more focus on energy efficiency.
perspective for more focus on real focus on energy efficiency.
energy efficiency as a means of
reducing primary energy consumption.
AM 9
Recital 9 a (new)
(9a) The Commission impact
assessment of 22 June 2011
accompanying the proposal for this
Directive24 demonstrated that national

1
COM(2011) 144 final.
2
COM(2011) 112 final

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binding energy efficiency targets for
primary energy consumption would be
more appropriate than indicative
national energy efficiency targets in
order to ensure the fulfilment of the
overall 20% energy savings target.
Furthermore the impact assessment
indicated that binding targets would
allow more flexibility for Member
States in designing energy savings
measures appropriated to the diverse
conditions of Member States.
__________________
24
SEC(2011) 779
AM 10
Recital 9 b (new)
(9b) The Commission has moreover
frequently stressed that a change in
consumer behaviour while quality of
life remains unchanged must also
make a significant contribution to
energy saving if the 20% objective is to
be attained.1
__________________
Commission Communication of 19
October 2006: ‗Action Plan for Energy
Efficiency: Realising the Potential‘
(COM(2006)545)
AM 11 (10) In this context it is necessary to
(10) In this context it is necessary to update
(10) In this context it is necessary to update the Union's legal framework for
the Union's legal framework for energy
update the Union's legal framework for energy efficiency with a Directive
efficiency with a Directive pursuing the overall
energy efficiency with a Directive pursuing the overall objective of the
objective of the energy efficiency target of
pursuing the overall objective of the energy efficiency target of saving 20%
saving 20% of the Union‟s primary energy
energy efficiency target of saving 20% of the Union‟s primary energy
consumption by 2020, and of making further
of the Union‘s primary energy consumption by 2020, and of making
energy efficiency improvements after 2020. To
consumption by 2020, and establishing further energy efficiency improvements
this end, it should establish a common

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framework to promote energy efficiency within additional energy savings targets for after 2020. To this end, it should
the Union and lay down specific actions to 2030. To this end, it should establish a establish a common framework to
implement some of the proposals included in common framework to promote energy promote energy efficiency within the
the Energy Efficiency Plan 2011 and achieve efficiency within the Union and lay Union and lay down specific actions to
the significant unrealised energy saving down specific actions to implement implement some of the proposals
potentials it identifies. some of the proposals included in the included in the Energy Efficiency Plan
Energy Efficiency Plan 2011 and 2011 adopted by the Council on 10
achieve the significant unrealised energy June 2011 and achieve the significant
saving potentials it identifies. unrealised energy saving potentials it
identifies.
AM 12 (11) […] Decision No 406/2009/EC2
(11) The Effort Sharing Decision (No
(11) Decision No 406/2009/EC requires requires the Commission to assess and
406/2009/EC)1 requires the Commission to
the Commission to assess and report by report by 2012 on the progress of the
assess and report by 2012 on the progress of the
2012 on the progress of the Community Community and its Member States
Community and its Member States towards the
and its Member States towards the towards the objective of reducing energy
objective of reducing energy consumption by
objective of reducing energy consumption by 20% by 2020 compared
20% by 2020 compared to projections. It also
consumption by 20% by 2020 compared to projections. It also states that, to help
states that, to help Member States meet the
to projections. It also states that, to help Member States meet the Community‟s
Community‟s greenhouse gas emission
Member States meet the Community's greenhouse gas emission reduction
reduction commitments, the Commission
greenhouse gas emission reduction commitments, the Commission should
should propose, by 31 December 2012,
commitments, the Commission should propose, by 31 December 2012,
strengthened or new measures to accelerate
propose, by 31 December 2012, strengthened or new measures to
energy efficiency improvements. This Directive
strengthened or new measures to accelerate energy efficiency
responds to this requirement. It also contributes
accelerate energy efficiency improvements. This Directive responds
to meeting the goals set out in the Roadmap for
improvements. This Directive responds to this requirement. It also contributes to
moving to a competitive low carbon economy
to this requirement. It also contributes to meeting the goals set out in the
in 2050, notably by reducing greenhouse gas
meeting the goals set out in the Roadmap for moving to a competitive
emissions from the energy sector, and to
Roadmap for moving to a competitive low carbon economy in 2050, notably
achieving zero emission electricity production
low carbon economy in 2050, notably by reducing greenhouse gas emissions
by 2050.
by reducing greenhouse gas emissions from the energy sector, and to achieving
from the energy sector, and to achieving zero emission electricity production by
zero emission electricity and heating 2050.
and cooling production by 2050.

1
OJ L 140, 5.6.2009, p.136.
2
Decision No 406/2009/EC of the European Parliament and of the Council of 23 April 2009 on the effort of Member States to reduce their greenhouse gas
emissions to meet the Community’s greenhouse gas emission reduction commitments up to 2020 (OJ L 140, 5.6.2009, p.136).

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AM 13 (12) An integrated approach has to be
(12) An integrated approach must be taken to
(12) An integrated approach, taking due taken to tap all the existing energy
tap all the existing energy saving potential,
account of local circumstances, must be saving potential, encompassing savings
encompassing savings in the energy supply and
taken to tap all the existing energy in the energy supply and the end-use
the end-use sectors. At the same time, the
efficiency potential, encompassing sectors. At the same time, the provisions
provisions of Directive 2004/8/EC on
savings in the energy supply and the of Directive 2004/8/EC on promotion of
promotion of cogeneration based on a useful
end-use sectors. At the same time, the cogeneration based on a useful heat
heat demand in the internal energy market1 and
provisions of Directive 2004/8/EC on demand in the internal energy market3
Directive 2006/32/EC on energy end-use
promotion of cogeneration based on a and Directive 2006/32/EC on energy
efficiency and energy services2 should be
useful heat demand in the internal end-use efficiency and energy services4
strengthened.
energy market and Directive should be strengthened.
2006/32/EC on energy end-use
efficiency and energy services should be
strengthened.
AM 14
Recital 12 a (new)
(12a) The Commission Communication
of 17 November 2010 on ―Energy
infrastructure priorities for 2020 and
beyond – A Blueprint for an integrated
European energy network‖ underlines
the need to adapt the power capacity of
the Union to the multitude of
applications and technologies relying
on electricity as an energy source as
well as to maintain the network
system's security. Demand side
resources, applications and
technologies have the potential to lead
to massive carbon reductions and
address the integration of renewable
energy into energy networks. Member
States should therefore encourage

1
OJ L 52, 21.2.2004, p. 50.
2
OJ L 144, 27.4.2008, p. 64.
3
OJ L 52, 21.2.2004, p. 50.
4
OJ L 144, 27.4.2008, p. 64.

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participation of demand side resources,
applications and technologies, such as
demand response, in energy markets.
(13) It would be preferable for the 20% AM 15 (13) It would be preferable for the
energy efficiency target to be achieved as a (13) It would be preferable for the 20% 20% energy efficiency target to be
result of the cumulative implementation of energy efficiency target to be achieved achieved as a result of the cumulative
specific national and European measures as a result of the cumulative implementation of specific national and
promoting energy efficiency in different fields. implementation of specific national and European measures promoting energy
If that approach does not succeed, it would European measures promoting energy efficiency in different fields. […]
however be necessary to reinforce the policy efficiency in different fields. By Member States should be required to set
framework by adding a system of binding establishing mandatory national energy indicative national energy efficiency
targets. In a first stage, therefore, Member savings targets, based on an effort targets, schemes and programmes. […]
States should be required to set national energy sharing mechanism between Member These targets and the individual efforts
efficiency targets, schemes and programmes. It States, the Union should be able to of each Member State should be
should be for them to decide whether these ensure the fulfilment of the Union-wide evaluated by the Commission, alongside
targets should be binding or indicative in their energy savings target which is essential data on the progress made, to assess the
territory. In a second stage, these targets and to climate policy, competitiveness, the likelihood of achieving the overall
the individual efforts of each Member State move towards a sustainable economy Union target and the extent to which the
should be evaluated by the Commission, and job creation. Meanwhile such an individual efforts are sufficient to meet
alongside data on the progress made, to assess approach would have the benefit of the common goal. The Commission
the likelihood of achieving the overall Union allowing Member States to tailor should therefore closely monitor the
target and the extent to which the individual energy efficiency measures to their implementation of national energy
efforts are sufficient to meet the common goal. national circumstances and priorities. efficiency programmes through its
The Commission should therefore closely revised legislative framework and within
monitor the implementation of national energy the Europe 2020 process. […]. When
efficiency programmes through its revised setting the indicative national energy
legislative framework and within the Europe efficiency targets, Member States
2020 process. If this assessment shows that the should be able to take account of
overall Union target is unlikely to be achieved, national circumstances affecting
then the Commission should propose primary energy consumption such as
mandatory national targets for 2020, taking into remaining cost-effective energy-saving
account the individual starting points of potential, changes of energy imports
Member States, their economic performance and exports, development of all
and early action taken. sources of renewable energies, nuclear
energy, carbon capture and storage
(CCS), and early action.
When undertaking modelling
exercises, model assumptions and

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draft model results should be
consulted by the Commission with
Member States in a timely and
transparent manner. Improved
modelling of the impact of energy
efficiency measures and of the stock
and performance of technologies is
needed.
(13a) Directive 2009/28/EC on
renewable energy sources states that
Cyprus and Malta, due to their
insular and peripheral character, rely
on aviation as a mode of transport,
which is essential for their citizens
and their economy. As a result,
Cyprus and Malta have a gross final
consumption of energy in national air
transport which is disproportionally
high, i.e. more than three times the
Community average in 2005, and are
thus disproportionately affected by
the current technological and
regulatory constraints.
AM 16
Recital 13 a (new)
(13a) Price signals are crucial in order
to increase energy efficiency and the
use of economic instruments is the
most cost-effective way of promoting
energy savings.
AM 17 (14) The total volume of public
(14) The total volume of public spending is
(14) The total volume of public spending is equivalent to 19% of the
equivalent to 19% of the Union's gross
spending is equivalent to 19% of the Union's gross domestic product. For this
domestic product. For this reason the public
Union's gross domestic product. For this reason the public sector constitutes an
sector constitutes an important driver to
reason the public sector constitutes an important driver to stimulate market
stimulate market transformation towards more
important driver to stimulate market transformation towards more efficient
efficient products, buildings and services, as
transformation towards more energy products, buildings and services, as well
well as to trigger behavioural changes in energy
efficient products, buildings and as to trigger behavioural changes in

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consumption by citizens and enterprises. services, as well as to trigger energy consumption by citizens and
Furthermore, decreasing energy consumption behavioural changes in energy enterprises. Furthermore, decreasing
through energy efficiency improvement consumption by citizens and enterprises. energy consumption through energy
measures can free up public resources for other Furthermore, decreasing energy efficiency improvement measures can
purposes. Public bodies at national, regional consumption through energy efficiency free up public resources for other
and local level should fulfil an exemplary role improvement measures can free up purposes. Public bodies at national,
as regards energy efficiency. public resources for other purposes. regional and local level should fulfil an
Public bodies at national, regional and exemplary role as regards energy
local level should fulfil an exemplary efficiency.
role as regards energy efficiency. To
enable those bodies to fulfil this role,
they should be allowed a broad margin
of discretion with regard to specific
measures.
AM 18 (15) The rate of building renovation
(15) The rate of building renovation needs to
(15) The rate of building renovation needs to be increased, as the existing
be increased, as the existing building stock
needs to be increased, as the existing building stock represents the single
represents the single biggest potential sector for
building stock represents the single biggest potential sector for energy
energy savings. Moreover, buildings are crucial
biggest potential sector for energy savings. Moreover, buildings are crucial
to achieving the EU objective of reducing
savings. Moreover, buildings are crucial to achieving the Union objective of
greenhouse gas emissions by 80-95% by 2050
to achieving the Union objective of reducing greenhouse gas emissions by
compared to 1990. Buildings owned by public
reducing greenhouse gas emissions by 80-95% by 2050 compared to 1990.
bodies account for a considerable share of the
80-95% by 2050 compared to 1990. To Buildings owned by public bodies
building stock and have high visibility in public
ensure this, it is essential that this account for a considerable share of the
life. It is therefore appropriate to set an annual
Directive maintains a long-term view building stock and have high visibility in
rate of renovation of all buildings owned by
and establishes roadmaps for public life. It is therefore appropriate to
public bodies to upgrade their energy
drastically reducing the energy use of set an annual rate of renovation of […]
performance. This renovation rate should be
both private and public buildings by buildings owned by central
without prejudice to the obligations with regard
2050. Member States should focus their government to upgrade their energy
to nearly-zero energy buildings set in Directive
efforts, as a matter of priority, on performance. This renovation rate
2010/31/EU of the European Parliament and of
measures with the most cost-effective should be without prejudice to the
the Council of 19 May 2010 on the energy
impact on energy savings, in particular obligations with regard to nearly-zero
performance of buildings1. The obligation to
measures to promote the refurbishment energy buildings set in Directive
renovate public buildings complements the
of existing buildings and the 2010/31/EU of the European Parliament
provisions of that Directive, which requires

1
OJ L 153, 18.6.2010, p. 13.

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Member States to ensure that when existing modernisation of heating and cooling and of the Council of 19 May 2010 on
buildings undergo major renovation their systems. Account should be taken of the energy performance of buildings1.
energy performance is upgraded so that they the affordability of such measures for The obligation to renovate central
meet minimum energy performance citizens. Buildings owned by public government buildings complements
requirements. bodies account for a considerable share […] that Directive, which requires
of the building stock and have high Member States to ensure that when
visibility in public life. It is therefore existing buildings undergo major
appropriate to set a long-term target renovation their energy performance is
and an annual rate of energy upgraded so that they meet minimum
performance improvement for buildings energy performance requirements. It is
owned by public bodies to upgrade their appropriate for Member States to be
energy performance without able to take alternative cost-efficient
compromising the fire safety of the measures to achieve an equivalent
buildings during renovation and improvement of the energy
occupancy. This measure would performance of the buildings within
require an increased renovation rate their central government estate. […]
and deep renovations, while it should The obligation to renovate floor area
be without prejudice to the obligations of central government buildings
with regard to nearly-zero energy should apply to the administrative
buildings set in Directive 2010/31/EU of departments whose competence
the European Parliament and of the extends over the whole territory.
Council of 19 May 2010 on the energy When in a given Member State and
performance of buildings it will in fact for a given competence no such
serve to facilitate meeting these relevant administrative department
obligations. Renovations should be exists that covers the whole territory,
carried out while taking into account the obligation should apply to those
climatic and local conditions, as well as administrative departments whose
respecting indoor climate, accessibility, competences cover collectively the
and other health and safety whole territory.
requirements, and the intended use of
the building. The obligation to renovate
public buildings complements the
provisions of that Directive, which
requires Member States to ensure that
when existing buildings undergo major
renovation their energy performance is

1
OJ L 153, 18.6.2010, p. 13.

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upgraded so that they meet minimum
energy performance requirements.
AM 19
Recital 15 a (new)
(15a) Bearing in mind that buildings
account for 40% of final energy use in
the Union and 36% of CO2 emissions,
and that a target of a 90% drop in
emissions in the construction sector
has been set in the road map for
moving to a low carbon economy in
2050, this target will only be achieved if
the Union applies ambitious measures
to the building stock as a whole, this
being a crucial part of its energy
infrastructure. For this reason,
following the public sector‘s exemplary
conduct in renovation of buildings,
Member States should also take a long-
term view and, while upholding the
principle of subsidiarity and cost-
effectiveness, draw up road maps for
the renovation of commercial and
private buildings.
AM 20 (16) A number of municipalities and
(16) A number of municipalities and other
(16) A number of municipalities and other public bodies in the Member
public bodies in the Member States have
other public bodies in the Member States have already put into place
already put into place integrated approaches to
States have already put into place integrated approaches to energy saving
energy saving and energy supply, for example
integrated approaches to energy saving and energy supply, for example via
via sustainable energy action plans, such as
and energy supply, for example via sustainable energy action plans, such as
those developed under the Covenant of Mayors
sustainable energy action plans, and those developed under the Covenant of
initiative, and integrated urban approaches
integrated urban approaches which go Mayors initiative, and integrated urban
which go beyond individual interventions in
beyond individual interventions in approaches which go beyond individual
buildings or transport modes. Member States
buildings or transport modes, in order to interventions in buildings or transport
should encourage municipalities and other
design "low energy cities and regions‘‘. modes. Member States should
public bodies to adopt integrated and
The concept of ‗‘low energy cities and encourage municipalities and other
sustainable energy efficiency plans with clear
regions'' considers energy issues as an public bodies to adopt integrated and
objectives, to involve citizens in their
essential component of urban and sustainable energy efficiency plans with
development and implementation and to

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adequately inform them about their content and regional development embedded in clear objectives, to involve citizens in
progress in achieving objectives. Such plans local democratic and governance their development and implementation
can yield considerable energy savings, processes. As a precondition of local and to adequately inform them about
especially if they are implemented by energy integrated and sustainable energy their content and progress in achieving
management systems that allow the concerned efficiency plans, Member States should objectives. Such plans can yield
public bodies to better manage their energy encourage local authorities to define considerable energy savings, especially
consumption. Exchange of experience between such local development strategies based if they are implemented by energy
cities, towns and other public bodies should be on a dialogue with local public, management systems that allow the
encouraged with respect to the more innovative commercial and social stakeholders. concerned public bodies to better
experiences. Member States should then encourage manage their energy consumption.
municipalities and other public bodies to Exchange of experience between cities,
adopt integrated and sustainable energy towns and other public bodies should be
efficiency plans with clear objectives, to encouraged with respect to the more
involve local stakeholders and citizens innovative experiences.
in their development and
implementation and to adequately
inform them about their content and
progress in achieving objectives. Such
plans can yield considerable energy
savings, especially if they are
implemented by energy management
systems that allow the concerned public
bodies to better manage their energy
consumption and if genuinely holistic
approaches are adopted. Exchange of
experience between cities, towns and
other public bodies should be
encouraged with respect to the more
innovative experiences.
AM 21
Recital 16 a (new)
(16a) The problems encountered in
implementing consumption audits need
to be borne in mind, as the
municipalities signatory to the
Covenant of Mayors are coming up
against significant barriers in
accessing energy use data

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disaggregated according to the
categories proposed by the Commission
in the Covenant of Mayors.
(17) With regards to the purchase of
(17) With regards to the purchase of certain
certain products and services and the
products and services and the purchase and rent
purchase and rent of buildings, public
of buildings, public bodies which conclude
bodies which conclude public works,
public works, supply or service contracts
supply or service contracts should lead
should lead by example and make energy
by example and make energy efficient
efficient purchasing decisions. The provisions
purchasing decisions. The provisions of
of the EU public procurement directives should
the Union's public procurement
not however be affected.
directives should not however be
affected.
AM 22 (18) An assessment of the possibility
(18) An assessment of the possibility of
(18) An assessment of the possibility of of establishing a "white certificate"
establishing a "white certificate" scheme at
establishing a "white certificate" scheme scheme at Union level has shown that, in
Union level has shown that, in the current
at Union level has shown that, in the the current situation, such a system
situation, such a system would create excessive
current situation, such a scheme would would create excessive administrative
administrative costs and that there is a risk that
create excessive administrative costs and costs and that there is a risk that energy
energy savings would be concentrated in a
that there is a risk that energy savings savings would be concentrated in a
number of Member States and not introduced
would be concentrated in a number of number of Member States and not
across the Union. The latter objective can better
Member States and not introduced introduced across the Union. The latter
be achieved, at least at this stage, by means of
across the Union. The latter objective objective can better be achieved, at least
national energy efficiency obligation schemes
can better be achieved, at least at this at this stage, by means of national
or other alternative measures that achieve the
stage, by means of national energy energy efficiency obligation schemes or
same amount of energy savings. The
efficiency obligation schemes or other other alternative policy measures that
Commission should however define, by a
alternative measures that achieve the achieve the same amount of energy
delegated act, the conditions under which a
same amount of energy savings. A savings. […] It is appropriate for the
Member State could in future recognise the
common framework should be level of ambition of such schemes to be
energy savings achieved in another Member
established at Union level in which established in a common framework at
State. It is appropriate for the level of ambition
energy utilities are given the option of Union level while providing significant
of such schemes to be established in a common
offering energy services to all final flexibility to Member States to take full
framework at Union level while providing
customers, not only to those to whom account of the national organisation of
significant flexibility to Member States to take
they sell energy. This increases market actors, the specific context of the
full account of the national organisation of
competition in the energy market energy sector and final customers'
market actors, the specific context of the energy
because energy utilities can differentiate habits. The common framework should
sector and final customers' habits. The common
their product by providing give energy utilities the option of
framework should give energy utilities the
complementary energy services. The offering energy services to all final
option of offering energy services to all final

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customers, not only to those to whom they sell common framework should allow customers, not only to those to whom
energy. This increases competition in the Member States to include requirements they sell energy. This increases
energy market because energy utilities can in their national scheme that pursue a competition in the energy market
differentiate their product by providing social aim, notably in order to ensure because energy utilities can differentiate
complementary energy services. The common that vulnerable customers, who should their product by providing
framework should allow Member States to be defined as such in the relevant complementary energy services. The
include requirements in their national scheme national legislation, have access to the common framework should allow
that pursue a social aim, notably in order to benefits of higher energy efficiency. It Member States to include requirements
ensure that vulnerable customers have access to should also allow Member States to in their national scheme that pursue a
the benefits of higher energy efficiency. It exempt small companies from the social aim, notably in order to ensure
should also allow Member States to exempt energy efficiency obligation. The that vulnerable customers have access to
small companies from the energy efficiency Commission Communication “Small the benefits of higher energy efficiency.
obligation. The Commission Communication Business Act” sets out principles that […] It is appropriate for Member
“Small Business Act”1 sets out principles that should be taken into account by Member States to determine, on the basis of
should be taken into account by Member States States that decide to abstain from objective and non-discriminatory
that decide to abstain from applying this applying this possibility. criteria, which energy distributors or
possibility. retail energy sales companies should
be obliged to achieve the end-use
energy savings target set by this
Directive. Member States may in
particular choose not to impose this
obligation on small energy
distributors and small retail energy
sales companies to avoid
disproportionate administrative
burden. The Commission
Communication “Small Business Act”2
sets out principles that should be taken
into account by Member States that
decide to abstain from applying this
possibility. As a way to support
national energy efficiency initiatives,
obligated parties under national
energy efficiency obligation schemes
could fulfill their obligations by

1
COM(2008)394 Final.
2
COM(2008)394 Final.

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contributing annually to an Energy
Efficiency National Fund an equal
amount to the investments required
under the scheme.
(18a) The requirement to achieve
savings […] of the annual energy sales
to final customers relative to what
energy sales would have been does not
constitute a cap on sales or energy
consumption.
It is appropriate for Member States to
be able to exclude a part of the sales
of energy, by volume, used in
industrial activities listed in Annex I
to Directive 2003/87/EC for the
calculation of the energy sales to final
customers, as it is recognised that
certain sectors or subsectors within
these activities may be exposed to a
significant risk of carbon leakage.
AM 23 (19) To tap the energy savings
(19) To tap the energy savings potential in
(19) To tap the energy savings potential potential in certain market segments
certain market segments where energy audits
in certain market segments where where energy audits are generally not
are generally not offered commercially (such as
energy audits are generally not offered offered commercially (such as […]
households or small and medium-sized
commercially (such as households or small and medium-sized enterprises
enterprises), Member States should ensure that
small and medium-sized enterprises), (SMEs)), Member States should
energy audits are available. Energy audits
Member States should create conditions develop programmes to encourage
should be mandatory and regular for large
for the availability of energy audits and SMEs to undergo energy audits.
enterprises, as energy savings can be
ensure certification of energy auditors. Energy audits should be mandatory and
significant.
Energy audits should be mandatory and regular for large enterprises, as energy
regular for large enterprises, as energy savings can be significant. Audits
savings can be significant. should take into account relevant
European Standards. At the time of
the adoption of this Directive a
specific European standard on energy
audits is under development.
(20) These audits should be carried out in an AM 24
(20) […]
independent and cost-effective manner. The (20) These audits should be carried out

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requirement for independence allows the audits in an independent and cost-effective
to be carried out by in-house experts, provided manner. The requirement for
that these are qualified or accredited, that they independence allows the audits to be
are not directly engaged in the activity audited, carried out by professional energy
and that the Member State has put in place a services providers, as well as by in-
scheme to assure and check their quality and to house experts, provided that the latter
impose sanctions if needed. are also qualified and/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.
AM 25
Recital 20a (new)
(20a) The cost of energy efficiency
improvement measures, including
energy efficiency obligation schemes
and smart meter roll-outs, is likely to be
transferred to final consumers through
their energy bills. To ensure that retail
energy sales companies and energy
service providers deliver these
measures to consumers in a fair and
cost-effective manner Member States
should establish requirements for cost
reporting to the national regulatory
authorities.
AM 26 (21) When designing energy efficiency
(21) When designing energy efficiency
(21) When designing energy efficiency improvement measures, account should
improvement measures, account should be
improvement measures, account should be taken of efficiency gains and savings
taken of efficiency gains and savings obtained
be taken of efficiency gains and savings obtained through the widespread
through the widespread application of cost-
that might be obtained through the application of cost-effective
effective technological innovations such as
widespread application of technological technological innovations such as smart
smart meters. To maximise the saving benefits
innovations such as smart meters. The meters. […]
of these innovations, final customers should be
roll-out of these technological
able to visualise indicators of cost and
innovations may only be supported
consumption and have regular individual
when a full cost-benefit analysis is
billing based on actual consumption.
positive, especially for consumers,

7659/12 ADD 1 IH/sb 19

including low income users, and when
privacy is guaranteed. The final
consumers have to be able to see
indicators of cost and consumption. In
particular, Member States should
require electricity and gas distributors
to adopt a common system of display to
facilitate decisions by consumers. In
addition to that, Member States should
develop demand response programmes
that will promote and reward
decentralized and flexible energy
generators in combination with
demand response providers.
(21a) In relation to electricity, and in
accordance with Directive
2009/72/EC, where the roll-out of
smart meters is assessed positively, at
least 80% of consumers should be
equipped with intelligent metering
systems by 2020. In relation to gas,
and in accordance with Directive
2009/73/EC, where the roll-out of
intelligent metering systems is
assessed positively, Member States or
any competent authority they
designate, should prepare a timetable
for the implementation of intelligent
metering systems.
(21b) Use of individual meters or heat
cost allocators for measuring
individual consumption of heating in
multi-apartment buildings supplied
by district heating or common central
heating is beneficial when final
customers have means to control their
own individual consumption.
Therefore, their application makes

7659/12 ADD 1 IH/sb 20

sense only in buildings where
radiators are equipped with
thermostatic radiator valves.
(21c) In some multi-apartment
buildings supplied by district heating
or common central heating, the use of
accurate individual heat meters would
be technically complicated and costly
due to the fact that the hot water used
for heating enters and leaves the
apartments at several points. It can be
assumed that individual metering of
heat consumption in multi-apartment
buildings is, nevertheless, technically
possible when the installation of
individual meters would not require
changing the existing in-house piping
for hot water heating in the building.
In such buildings, measurements of
individual heat consumption can then
be carried out by means of individual
heat cost allocators installed on each
radiator.
improvement measures, Member States
improvement measures, Member States should
should take due account of the need to
take due account of the need to ensure the
ensure the correct functioning of the
correct functioning of the internal market and
internal market and the coherent
the coherent implementation of the acquis, in
implementation of the acquis, in
accordance with the provisions of the Treaty on
accordance with […] the Treaty on the
the Functioning of the European Union.
Functioning of the European Union.
AM 27 (23) High-efficiency cogeneration
(23) High-efficiency cogeneration (CHP) and
(23) High-efficiency cogeneration (CHP) and district heating and cooling
district heating and cooling has significant
(CHP) and district heating and cooling has significant potential for saving
potential for saving primary energy which is
has significant potential for saving primary energy which is largely
largely untapped in the Union. Member States
primary energy which is largely untapped in the Union. Member States
should draw up national plans to develop high-
untapped in the Union. Member States should carry out a comprehensive
efficiency CHP and district heating and
should draw up national plans to assessment of the potential for high-

7659/12 ADD 1 IH/sb 21

Working document for informal trialogue 04/04/2012

Working document for informal trialogue 04/04/2012

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