The talks between the European Parliament and the Council will start on 30 September.
The Swedish Presidency therefore hopes to have a mandate from national representatives next week to negotiate an early second-reading agreement that could be approved at a meeting of EU energy ministers in December (EurActiv 25/06/09).
One of the key points to be agreed upon is the directive's implementation date. The latest Council working document, seen by EurActiv, shows that national capitals are seeking more time to apply the recast directive, which aims to improve buildings' energy efficiency.
The European Commission originally proposed that the directive be transposed to national law by the end of 2010. It argued that as public authorities should set an example, public buildings should apply the new provisions from that date, while other buildings would have until the end of January 2012 to comply.
But member states are concerned that the proposed dates are "much too soon" (EurActiv 08/07/09).
National delegations consequently want to delay the deadline for transposition until 18 months after the entry into force of the directive, according to the working document. Moreover, they are seeking to postpone full application of the standards for public buildings to two years and for other buildings to three years after the directive's entry into force.
Even if the Swedish Presidency achieves its goal of reaching a compromise agreement on the law by the end of 2009, the deadline for transposition would likely be set back by a year. At the same time, public authorities would get more time to comply.
On a collision course with MEPs
The emerging Council position is set to pit member states against the Parliament, which has clearly stated that the recast directive should promote the fast uptake of "zero-energy buildings". In April, MEPs sought to include a provision that from 2019 onwards, all new buildings should produce as much renewable energy on-site as they consume.
Member states, however, appear to be seeking to abolish all reference to zero-energy buildings, preferring to limit the terminology to low-energy buildings, the document shows. Moreover, they would only give the Commission the power to establish "guiding principles" that allow member states to come up with a tailored definition of a low-energy building, while the Parliament has called for a common definition of net zero-energy buildings.
The preliminary Council position shows that member states are prepared to set "ambitious quantitative targets" for the number of low-energy buildings by 2020. But the targets would only be set for new residential and non-residential buildings, and new buildings occupied by public authorities.
The Parliament, on the other hand, wanted to see member states fix a minimum proportion of both new and refurbished buildings that have to be energy neutral by 2015 and 2020 respectively.
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