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Portugal faces European court for defying buildings directive

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Published 11 July 2013

The European Commission is taking Portugal to the European Court of Justice for failing to transpose a directive aimed at reducing the huge energy waste from Europe’s housing stock.

EU states were obliged to transpose the Energy Performance in Buildings Directive (EPBD) into their national law by 9 July 2012. Despite receiving a formal notice last September and a reasoned opinion in January, Portugal did not comply.

“Energy efficiency is paramount for reaching our energy and climate goals and enhancing Europe's competitiveness,” said Energy Commissioner Günther Oettinger. “It is essential that all member states put in place the legislation necessary to speed up energy efficiency measures.”

“Forty percent of EU energy consumption is in the buildings' sector and it is here where the most energy can be saved,” he added.

Hefty fines

The Commission has now proposed that a daily fine of more than €25,000 be levied against Portugal until it has incorporated the new EU buildings law into its legislature.

Lisbon - where the ruling coalition has been rocked in recent days by resignations of senior ministers - is working on draft legislation but it is not yet known when this will be adopted, published, and implemented.

The Commission has also requested that Belgium, Finland, France, Latvia, Germany, the Netherlands and Poland take action to ensure their full compliance with the directive.

Bulgaria, Greece, Italy, Slovenia and Spain have also been sent reasoned opinions this year.

This EPBD sets minimum energy performance requirements for all buildings, and enforces certification and inspection schemes. By 2021, it requires all new buildings in the EU to be ‘nearly-zero energy’.

Technologies applied to heating, cooling, ventilation, lighting, and heat pumps are thought to have the potential to recoup all money invested within a decade.

The European Alliance of Companies for Energy Efficiency in Buildings (EuroAce) estimates that a full and ambitious implementation of the EPBD and Energy Efficiency Directive could provide a massive stimulus to Europe’s stagnant economy.

“By 2020, this would translate into a boost to annual turnover of about €670 billion for the construction sector and the creation of up to two million new local, sustainable, direct jobs,” said Adrian Joyce, EuroAce’s secretary-general.

This would also provide a rising annual boost to public finances of €39 billion by 2020, increased health benefits from lower air pollution and a significant cut in CO2 emissions, he said.

Next steps: 
  • 2014: EU pledged to review progress towards energy efficiency 2020 targets and consider binding measures if it is too slow.
  • 9 July 2015: Deadline for threshold raising energy performance requirement on public buildings to 250m2.
  • 2016: European Commission to review the Energy Efficiency Directive.
  • 1 Jan. 2019: Deadline for all new public buildings to become near-zero CO2 emitters
  • 2020: Deadline for EU states to meet voluntary obligation to reduce energy output by 20%, measured against 2005 levels.
  • 1 Jan. 2021: Deadline for all new buildings to become near-zero carbon emitters
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Background: 

EU nations have signed up to a voluntary objective of reducing the EU's primary energy use by 20% by 2020, measured against 2005 levels. Such savings would slash the EU’s CO2 emissions by an estimated 780 million tonnes and save €100 billion in fuel costs.

One of the EU's main policy tools to achieve this objective is the Energy Performance of Buildings Directive, which was initially supposed to reduce the EU's energy consumption by up to 6%.

>> Read our LinksDossier: Energy Performance of Buildings Directive

The directive was recast in 2010 to cover residential and non-residential buildings. All new structures in the EU were required to be nearly zero-energy buildings by 2021, with a 2019 target for the public sector.

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