Contributions regarding Directive 2002/91/EC
The consolidated text introduces a new concept: the “comparative methodological framework to calculate the optimal levels of profitability of the minimum energy efficiency requirements of buildings and their elements.”
The development of methods for calculating energy efficiency (art. 3), and the establishment based on the above, of the requirements for buildings (art. 4), remain in the hands of the Member States; What is now being introduced is an additional method that makes it possible to calculate those requirements on buildings that would represent the optimal one from the point of view of economic profitability, and compare them with those that each Member State has in force based on the aforementioned article 4. If the deviation is very important (that is, greater than 15%, according to preliminary title 14), the State in question must justify it before the Commission or present a plan to correct it. It is therefore about highlighting the laxest national approaches and setting a guideline for their convergence, without the need for the European Commission to directly impose the energy efficiency requirements in the buildings of each Member State.[4].
The Directive established the limit for the publication of said framework by the European Commission on June 30, 2011 (art. 5), although it was not until January 16, 2012 when the corresponding Delegated Regulation was available.[5] Member States had until June 30, 2012 to communicate the results of these analyzes to the Commission (Art. 5 of Directive 2010/3º/EU and Arts. 5.2 and 6 of Delegated Regulation 244/2012).
These national reports can be found on the European Commission website. Two previous studies commissioned by BPIE") and ECEEE") in 2010 and 2011 respectively, and a draft of said regulation provided by the Commission for a meeting of experts in May 2011 can also be found in the bibliography of this article.
The Directive introduces this new concept as a building “[…] with a very high level of energy efficiency […]. The almost zero or very low amount of energy required should be covered, to a very large extent, by energy from renewable sources, including energy from renewable sources produced on site or in the environment” and establishes two dates, December 31, 2018 and 2020, for its application to all new buildings owned and occupied by public authorities, and for all new buildings, respectively.
We could consider that the definition of the Almost Zero Energy Consumption Building is equivalent, on the one hand, to the energy efficiency requirement (defined above) desirable for the year 2020; and the requirement of "minimum levels of energy from renewable sources in new buildings" of article 13.4 of the Renewable Energy Directive, for that same year;[6] and a third requirement regarding the proximity of the capture of these renewable resources to the point of consumption. As is currently the case with these requirements, each Member State is responsible for their implementation, although in this case at least "a value of primary energy use expressed in kWh/m² per year" is required.
From this perspective, and like any of the requirement levels that are established until that date, that of 2020 will be subject to the profitability analysis discussed above. Therefore, each Member State must, on the one hand, define an objective (its definition of Almost Zero Energy Consumption Building), and act on the market so that in 2020, said pre-established goal is profitable from the point of view of the optimal cost methodology.
The definition of Almost Zero Energy Consumption Building must be included in a National Plan, which will also contain information on intermediate objectives for new buildings in 2015; information on policies or financial measures for their promotion, including requirements and measures on renewable generation in new and existing buildings; and stimulus policies for the renovation of existing buildings at a level of almost zero energy consumption.
National reports are published on the European Commission website.
This is the element that is most developed with respect to the 2002 standard; that listed for inclusion the current regulations, comparative assessments, and recommendations for improvement.
- Regarding the values to be included, the measure of energy efficiency is mentioned, plus other references such as minimum energy efficiency requirements. Optionally, it may include information on annual energy consumption (in non-residential buildings) and percentage of renewable energy over total consumption.
- The recommendations for improvement are put in relation to the optimal levels of energy efficiency, and it is required to address, on the one hand, major renovations at the building level, and those related to independent elements of large works, on the other. Likewise, the estimation of the recovery periods of the investment or profitability in useful life is optionally proposed, and it is required to provide references on how to obtain more detailed information about these works, and on how to undertake them, also suggesting reference to related topics, such as energy audits, incentives and sources of financing.
The obligation to buildings or units that are built, sold or rented included in the 2002 Directive is extended to buildings occupied by a public authority, larger than 500 m² (250 since July 9, 2015) frequented by the public.
Based on Directive 2002, the exhibition was mandatory for buildings of more than 1000 m² "occupied by public authorities or institutions presenting public services" frequented by the public. In the consolidated text of 2010, this mandate is limited to buildings occupied by public authorities and frequented by the public, and the surface area drops to 500 m², which will be 250 m² as of July 9, 2015.
Likewise, the obligation extends to areas of more than 500 m² frequented by the public in buildings that are required to have the certificate.
On the other hand, you are obliged to show the certificate to potential buyers or tenants, and to deliver it to the final buyers and tenants; In the case of operations on unbuilt buildings, it is allowed to offer an "evaluation of their future energy efficiency" and the certificate is required to be issued as soon as construction is completed.
Finally, in sales or rental advertisements in the media it is mandatory to include the energy efficiency indicator, when the building or unit that is the object of the operation has it.
The Directive requires inspection of heating systems with nominal useful potential greater than 20kW and air conditioning systems of more than 12kW. It proposes flexibility mechanisms when automatic systems exist or when Member States propose citizen advice systems to replace them. This mandate was profoundly modified in 2018.
Directive (EU) 2024/1275 of April 24, 2024 repeals that of 2010 with effect on May 30, 2026.[7].