19 EU states face court action over buildings’ CO2 emissions

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EXCLUSIVE / More than 70% of EU states could face court action over defiance of building efficiency measures which are slated to account for up to a quarter of the EU’s planned energy savings by 2020, EURACTIV has learned.

Sources at the European Commission confirm that 19 member states are currently in breach of the Energy Performance of Buildings Directive (EPBD), which was adopted in 2002 and recast in 2010, and now face the threat of financial penalties from Brussels.

“Infringement procedures for non-communication were started on 21 September 2012 against 24 member states that did not declare full transposition at that time,” Marlene Holzner, a spokeswoman for Energy Commissioner Günther Oettinger, told EURACTIV in an email.

Since then four more states claim to have joined four law-abiders – including Sweden, Denmark and Ireland – in unreservedly implementing the law but 11 more countries have not fully shown their hand. Eight have declared nothing at all.

On the 21 September cut-off date, all non-compliant states were sent letters of formal notice, giving them two months to outline their plans for implementing the directive, and reasons for the delay.

Brussels insiders believe that reasoned opinions are currently being prepared, the next step of a legal process that ends at the European Court of Justice.

EU officials will only confirm that 19 member states could “potentially” be brought before the court in what would be an unprecedented mass legal action.

“The Commission should act quickly against the maximum amount of states in the strongest possible terms,” said Adrian Joyce, the secretary-general of EuroACE, an alliance of companies for energy efficient buildings.

“Although European leaders have heard about the contribution of highly energy efficient buildings to energy and climate goals, they are clearly not listening,” he told EURACTIV.

No CO2 solution without energy efficiency in buildings

No effective reduction of the world’s carbon dioxide emissions can take place without tackling the issue. Residential and commercial buildings account for roughly 32% of global energy use, and over 30% of total end use energy-related CO2 emissions, according to the International Energy Agency (IEA).

The IEA expects energy demand from buildings to more than double by 2050, because of a growing world population and fewer people per household in the developed world.

In 2010, households were responsible for 25% of Europe’s energy-related greenhouse gas emissions, according to UN greenhouse gas inventories collated by the European Environment Agency.

Yet buildings are not covered by the EU’s Emissions Trading System (ETS) and, unlike targets for renewable energy and carbon dioxide reductions, the EU’s goal of a 20% increase in energy savings by 2020 is voluntary. 

Officials say that the EPBD will deliver 4-5% of the 20% cut, by ensuring that new public buildings are near-zero carbon emitters by 2019, and new private buildings by 2021.

What is the EPBD?

The Energy Performance of Buildings Directive requires energy performance certificates (EPCs) to be issued for buildings, giving owners and tenants an attractive way of comparing a dwelling's economy record.

From tomorrow (9 January), the threshold for public buildings subject to EPCs will be reduced from 1,000 square meters, to 500m2. It will halve again to 250m2 on 9 July 2015.

Among Europe’s existing stock, only buildings needing major renovation works would be covered by the directive. But because of the ‘lock-in’ effect that energy inefficient buildings can have on future emissions, efficiency advocates still see the EPBD as vital statute.

Under the EU law, which calculates end-use emissions from heating, cooling, ventilation, lighting and hot water, member states are required to undertake a raft of measures, including:  

  • Developing cost-optimal methodologies to ensure minimum building requirements are met;
  • Preparing national plans for the 2019 and 2021 deadlines to enforce zero emitting building guidelines;
  • Conducting surveys to list financial incentives for encouraging this;
  • Extending requirements to set minimum energy performance levels for all buildings when a major renovation takes place;
  • Establishing measures for enhanced inspections of heating and cooling systems;
  • Establishing penalties for people and companies that do not comply.

Naming and shaming laggards

All of the EU-27 countries have provided details of their planned financial incentives. But so far, just nine EU states have revealed their national plans for moving to near-zero CO2 buildings – Belgium, Cyprus, Denmark, Finland, Ireland, Lithuania, the Netherlands, Sweden and the UK.

Although member states are also required to send Brussels their calculations for cost-optimal methodology by 21 March this year, “so far no member state has done so,” Holzner said.

Building economy campaigners suggest that Brussels embark on what Joyce called a “best-practice strategy to name and shame energy efficiency laggards in front of their peers,” possibly at the EU’s Energy Demand Management Committee.

“I think that 2013 is going to be a pivotal year for energy efficiency in buildings,” Joyce added. “This is the flagship directive on buildings and if it is not properly implemented we will really miss the opportunity for a generation to do something about this.”

Jonna Byskata, a spokeswoman for United Technologies Corporation (UTC) sent EURACTIV an email, saying: “ We fully support a full and timely implementation of the EPBD in all EU countries. Energy performance certificates and audits will highlight to building users the benefits from efficiency measures to their homes, offices and public buildings. We hope the EU member states will not miss this opportunity to put in place rules and mechanisms that will drive the energy efficiency markets and enhance local jobs and bring energy cost-savings.”

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 (EPBD), 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 constructions. It provided a common methodology for calculating the energy performance of buildings and covered five main categories of end-uses: heating, cooling, ventilation, lighting, and hot water.

All new structures in the EU were required to be nearly zero-energy buildings by 2021, with a 2019 target for the public sector.

The EPBD was also designed to make energy saving measures in buildings more attractive for consumers by obliging national authorities by ensuring that "energy performance certificates are made available when buildings are constructed, sold or rented out."

However, monitoring and compliance with building codes and standards are lacking, according to the Buildings Performance Institute Europe.

  • 9 Jan. 2013: Deadline for threshold raising energy performance certificate requirement on public buildings from 1,000m squared, to 500m squared
  •  9 July, 2015: Deadline for threshold raising energy performance requirement on public buildings to 250m squared.
  • 2014: EU pledged to review progress towards energy efficiency 2020 targets and consider binding measures if it is too slow.
  • 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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