EN
14.11.2012 Official
Journal
of
the
European
Union
L
315/1
I
(Legislative acts)
DIRECTIVES
DIRECTIVE 2012/27/EU OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
of 25 October 2012
on energy efficiency, amending Directives 2009/125/EC and 2010/30/EU and repealing Directives
2004/8/EC and 2006/32/EC
(Text with EEA relevance)
THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE
Shifting to a more energy-efficient economy should also
EUROPEAN UNION,
accelerate the spread of innovative technological
solutions and improve the competitiveness of industry
in the Union, boosting economic growth and creating
Having regard to the Treaty on the Functioning of the European
high quality jobs in several sectors related to energy
Union, and in particular Article 194(2) thereof,
efficiency.
Having regard to the proposal from the European Commission,
(2)
The Conclusions of the European Council of 8 and
9 March 2007 emphasised the need to increase energy
After transmission of the draft legislative act to the national
efficiency in the Union to achieve the objective of saving
parliaments,
20 % of the Union’s primary energy consumption by
2020 compared to projections. The conclusions of the
European Council of 4 February 2011 emphasised that
the 2020 20 % energy efficiency target as agreed by the
Having regard to the opinion of the European Economic and
June 2010 European Council, which is presently not on
Social Committee ( 1 ),
track, must be delivered. Projections made in 2007
showed a primary energy consumption in 2020 of
1 842 Mtoe. A 20 % reduction results in 1 474 Mtoe in
Having regard to the opinion of the Committee of the
2020, i.e. a reduction of 368 Mtoe as compared to
Regions ( 2 ),
projections.
Acting in accordance with the ordinary legislative procedure ( 3 ),
(3)
The Conclusions of the European Council of 17 June
2010 confirmed the energy efficiency target as one of
Whereas:
the headline targets of the Union’s new strategy for jobs
and smart, sustainable and inclusive growth (‘Europe
2020 Strategy’). Under this process and in order to
(1) The
Union
is
facing
unprecedented
challenges
resulting
implement this objective at national level, Member
from increased dependence on energy imports and scarce
States are required to set national targets in close
energy resources, and the need to limit climate change
dialogue with the Commission and to indicate, in their
and to overcome the economic crisis. Energy efficiency is
National Reform Programmes, how they intend to
a valuable means to address these challenges. It improves
achieve them.
the Union’s security of supply by reducing primary
energy consumption and decreasing energy imports. It
helps to reduce greenhouse gas emissions in a cost-
effective way and thereby to mitigate climate change.
(4) The
Commission
Communication
of
10
November
2010
on Energy 2020 places energy efficiency at the core of
( 1 ) OJ C 24, 28.1.2012, p. 134.
the Union energy strategy for 2020 and outlines the
( 2 ) OJ C 54, 23.2.2012, p. 49.
need for a new energy efficiency strategy that will
( 3 ) Position of the European Parliament of 11 September 2012 (not yet
published in the Official Journal) and decision of the Council of
enable all Member States to decouple energy use from
4 October 2012.
economic growth.

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L 315/2
EN
Official Journal of the European Union
14.11.2012
(5) In
its
resolution
of
15
December
2010
on
the
Revision (9) On
8
March
2011,
the
Commission
also
adopted
a
of the Energy Efficiency Action Plan, the European
Roadmap for moving to a competitive low carbon
Parliament called on the Commission to include in its
economy in 2050, identifying the need from this
revised Energy Efficiency Action Plan measures to close
perspective for more focus on energy efficiency.
the gap to reach the overall Union energy efficiency
objective in 2020.
(10) In
this
context
it
is
necessary
to
update
the
Union’s
legal
framework for energy efficiency with a Directive
(6)
One of the initiatives of the Europe 2020 Strategy is the
pursuing the overall objective of the energy efficiency
flagship resource-efficient Europe adopted by the
target of saving 20 % of the Union’s primary energy
Commission on 26 January 2011. This identifies
consumption by 2020, and of making further energy
energy efficiency as a major element in ensuring the
efficiency improvements after 2020. To that end, this
sustainability of the use of energy resources.
Directive should establish a common framework to
promote energy efficiency within the Union and lay
down specific actions to implement some of the
proposals included in the Energy Efficiency Plan 2011
and achieve the significant unrealised energy saving
potentials it identifies.
(7)
The Conclusions of the European Council of 4 February
2011 acknowledged that the Union energy efficiency
target is not on track and that determined action is
required to tap the considerable potential for higher
energy savings in buildings, transport, products and
processes. Those conclusions also provide that the imple
mentation of the Union energy efficiency target will be
(11) Decision
No
406/2009/EC
of
the
European
Parliament
reviewed by 2013 and further measures considered if
and of the Council of 23 April 2009 on the effort of
necessary.
Member States to reduce their greenhouse gas emissions
to meet the Community’s greenhouse gas emission
reduction commitments up to 2020 ( 2 ) requires the
Commission to assess and report by 2012 on the
progress of the Union and its Member States towards
the objective of reducing energy consumption by 20 %
by 2020 compared to projections. It also states that, to
help Member States meet the Union’s greenhouse gas
(8) On
8
March
2011,
the
Commission
adopted
its
emission reduction commitments, the Commission
Communication on an Energy Efficiency Plan 2011.
should propose, by 31 December 2012, strengthened
The Communication confirmed that the Union is not
or new measures to accelerate energy efficiency improve
on track to achieve its energy efficiency target. This is
ments. This Directive responds to this requirement. It
despite the progress in national energy efficiency policies
also contributes to meeting the goals set out in the
outlined in the first National Energy Efficiency Action
Roadmap for moving to a competitive low carbon
Plans submitted by Member States in fulfilment of the
economy in 2050, in particular by reducing greenhouse
requirements of Directive 2006/32/EC of the European
gas emissions from the energy sector, and to achieving
Parliament and of the Council of 5 April 2006 on energy
zero emission electricity production by 2050.
end-use efficiency and energy services ( 1 ). Initial analysis
of the second Action Plans confirms that the Union is
not on track. To remedy that, the Energy Efficiency Plan
2011 spelled out a series of energy efficiency policies and
measures covering the full energy chain, including energy
generation, transmission and distribution; the leading role
of the public sector in energy efficiency; buildings and
appliances; industry; and the need to empower final
(12) An integrated approach has to be taken to tap all the
customers to manage their energy consumption. Energy
existing energy saving potential, encompassing savings in
efficiency in the transport sector was considered in
the energy supply and the end-use sectors. At the same
parallel in the White Paper on Transport, adopted on
time, the provisions of Directive 2004/8/EC of the
28 March 2011. In particular, Initiative 26 of the
European Parliament and of the Council of 11 February
White Paper calls for appropriate standards for CO 2
2004 on promotion of cogeneration based on a useful
emissions of vehicles in all modes, where necessary
heat demand in the internal energy market ( 3 ) and
supplemented by requirements on energy efficiency to
Directive 2006/32/EC should be strengthened.
address all types of propulsion systems.
( 2 ) OJ L 140, 5.6.2009, p. 136.
( 1 ) OJ L 114, 27.4.2006, p. 64.
( 3 ) OJ L 52, 21.2.2004, p. 50.

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EN
14.11.2012 Official
Journal
of
the
European
Union
L
315/3
(13) It
would
be
preferable
for
the
20
%
energy
efficiency
(16) Bearing
in
mind
that
the
Council
conclusions
of
10
June
target to be achieved as a result of the cumulative imple
2011 on the Energy Efficiency Plan 2011 stressed that
mentation of specific national and European measures
buildings represent 40 % of the Union’s final energy
promoting energy efficiency in different fields. Member
consumption, and in order to capture the growth and
States should be required to set indicative national energy
employment opportunities in the skilled trades and
efficiency targets, schemes and programmes. These
construction sectors, as well as in the production of
targets and the individual efforts of each Member State
construction products and in professional activities such
should be evaluated by the Commission, alongside data
as architecture, consultancy and engineering, Member
on the progress made, to assess the likelihood of
States should establish a long-term strategy beyond
achieving the overall Union target and the extent to
2020 for mobilising investment in the renovation of
which the individual efforts are sufficient to meet the
residential and commercial buildings with a view to
common goal. The Commission should therefore
improving the energy performance of the building
closely monitor the implementation of national energy
stock. That strategy should address cost-effective deep
efficiency programmes through its revised legislative
renovations which lead to a refurbishment that reduces
framework and within the Europe 2020 process. When
both the delivered and the final energy consumption of a
setting the indicative national energy efficiency targets,
building by a significant percentage compared with the
Member States should be able to take into account
pre-renovation levels leading to a very high energy
national circumstances affecting primary energy
performance. Such deep renovations could also be
consumption such as remaining cost-effective energy-
carried out in stages.
saving potential, changes in energy imports and
exports, development of all sources of renewable
energies, nuclear energy, carbon capture and storage,
and early action. When undertaking modelling exercises,
the Commission should consult Member States on model
assumptions and draft model results 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.
(17) The
rate
of
building
renovation
needs
to
be
increased,
as
the existing building stock represents the single biggest
potential sector for energy savings. Moreover, buildings
are crucial to achieving the Union objective of reducing
(14) Directive
2009/28/EC
of
the
European
Parliament
and
of
greenhouse gas emissions by 80-95
% by 2050
the Council of 23 April 2009 on the promotion of the
compared to 1990. Buildings owned by public bodies
use of energy from renewable sources ( 1 ) states that
account for a considerable share of the building stock
Cyprus and Malta, due to their insular and peripheral
and have high visibility in public life. It is therefore
character, rely on aviation as a mode of transport,
appropriate to set an annual rate of renovation of
which is essential for their citizens and their economy.
buildings owned and occupied by central government
As a result, Cyprus and Malta have a gross final
on the territory of a Member State to upgrade their
consumption of energy in national air transport which
energy performance. This renovation rate should be
is disproportionately high, i.e. more than three times the
without prejudice to the obligations with regard to
Community average in 2005, and are thus dispropor
nearly-zero energy buildings set in Directive 2010/31/EU
tionately affected by the current technological and regu
of the European Parliament and of the Council of
latory constraints.
19 May 2010 on the energy performance of buildings ( 2 ).
The obligation to renovate central government buildings
in this Directive complements that Directive, which
requires Member States to ensure that when existing
buildings undergo major renovation their energy
performance is upgraded so that they meet minimum
energy performance requirements. It should be possible
(15) The
total
volume
of
public
spending
is
equivalent
to
for Member States to take alternative cost-efficient
19 % of the Union’s gross domestic product. For this
measures to achieve an equivalent improvement of the
reason the public sector constitutes an important driver
energy performance of the buildings within their central
to stimulate market transformation towards more
government estate. The obligation to renovate floor area
efficient products, buildings and services, as well as to
of central government buildings should apply to the
trigger behavioural changes in energy consumption by
administrative departments whose competence extends
citizens and enterprises. Furthermore, decreasing energy
over the whole territory of a Member State. When in a
consumption through energy efficiency improvement
given Member State and for a given competence no such
measures can free up public resources for other
relevant administrative department exists that covers the
purposes. Public bodies at national, regional and local
whole territory, the obligation should apply to those
level should fulfil an exemplary role as regards energy
administrative departments whose competences cover
efficiency.
collectively the whole territory.
( 1 ) OJ L 140, 5.6.2009, p. 16.
( 2 ) OJ L 153, 18.6.2010, p. 13.

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L 315/4
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Official Journal of the European Union
14.11.2012
(18) A
number
of
municipalities
and
other
public
bodies
in
specific context of the energy sector and final customers’
the Member States have already put into place integrated
habits. The common framework should give energy
approaches to energy saving and energy supply, for
utilities the option of offering energy services to all
example via sustainable energy action plans, such as
final customers, not only to those to whom they sell
those developed under the Covenant of Mayors initiative,
energy. This increases competition in the energy market
and integrated urban approaches which go beyond indi
because energy utilities can differentiate their product by
vidual interventions in buildings or transport modes.
providing complementary energy services. The common
Member States should encourage municipalities and
framework should allow Member States to include
other public bodies to adopt integrated and sustainable
requirements in their national scheme that pursue a
energy efficiency plans with clear objectives, to involve
social aim, in particular in order to ensure that vulnerable
citizens in their development and implementation and to
customers have access to the benefits of higher energy
adequately inform them about their content and progress
efficiency. Member States should determine, on the basis
in achieving objectives. Such plans can yield considerable
of objective and non-discriminatory criteria, which
energy savings, especially if they are implemented by
energy distributors or retail energy sales companies
energy management systems that allow the public
should be obliged to achieve the end-use energy
bodies concerned to better manage their energy
savings target laid down in this Directive.
consumption. Exchange of experience between cities,
towns and other public bodies should be encouraged
with respect to the more innovative experiences.
Member States should in particular be allowed not to
impose this obligation on small energy distributors,
small retail energy sales companies and small energy
sectors to avoid disproportionate administrative
burdens. The Commission Communication of 25 June
2008 sets out principles that should be taken into
(19) With
regard
to
the
purchase
of
certain
products
and
account by Member States that decide to abstain from
services and the purchase and rent of buildings, central
applying this possibility. As a means of supporting
governments which conclude public works, supply or
national energy efficiency initiatives, obligated parties
service contracts should lead by example and make
under national energy efficiency obligation schemes
energy-efficient purchasing decisions. This should apply
could fulfil their obligations by contributing annually to
to the administrative departments whose competence
an Energy Efficiency National Fund an amount that is
extends over the whole territory of a Member State.
equal to the investments required under the scheme.
When in a given Member State and for a given
competence no such relevant administrative department
exists that covers the whole territory, the obligation
should apply to those administrative departments
whose competences cover collectively the whole territory.
The provisions of the Union’s public procurement
(21) Given
the
over-arching
imperative
of
restoring
sustain
directives should not however be affected. For products
ability to public finances and of fiscal consolidation, in
other than those covered by the energy efficiency
the implementation of particular measures falling within
requirements for purchasing in this Directive, Member
the scope of this Directive, due regard should be
States should encourage public bodies to take into
accorded to the cost-effectiveness at Member State level
account the energy efficiency of purchase.
of implementing energy efficiency measures on the basis
of an appropriate level of analysis and evaluation.
(22) The
requirement
to
achieve
savings
of
the
annual
energy
sales to final customers relative to what energy sales
(20) An
assessment
of
the
possibility
of
establishing
a
‘white
would have been does not constitute a cap on sales or
certificate’ scheme at Union level has shown that, in the
energy consumption. Member States should be able to
current situation, such a system would create excessive
exclude all or part of the sales of energy, by volume, used
administrative costs and that there is a risk that energy
in industrial activities listed in Annex I to Directive
savings would be concentrated in a number of Member
2003/87/EC of the European Parliament and of the
States and not introduced across the Union. The
Council of 13 October 2003 establishing a scheme for
objective of such a Union-level scheme could be better
greenhouse gas emission allowance trading within the
achieved, at least at this stage, by means of national
Community ( 1 ) for the calculation of the energy sales to
energy efficiency obligation schemes for energy utilities
final customers, as it is recognised that certain sectors or
or other alternative policy measures that achieve the
subsectors within these activities may be exposed to a
same amount of energy savings. It is appropriate for
significant risk of carbon leakage. It is appropriate that
the level of ambition of such schemes to be established
Member States are aware of the costs of schemes in order
in a common framework at Union level while providing
to be able to accurately assess the costs of measures.
significant flexibility to Member States to take fully into
account the national organisation of market actors, the
( 1 ) OJ L 275, 25.10.2003, p. 32.

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EN
14.11.2012 Official
Journal
of
the
European
Union
L
315/5
(23) Without
prejudice
to
the
requirements
in
Article
7
and
apartment buildings supplied by district heating or
with a view to limiting the administrative burden, each
common central heating is beneficial when final
Member State may group all individual policy measures
customers have a means to control their own individual
to implement Article 7 into a comprehensive national
consumption. Therefore, their use makes sense only in
energy efficiency programme.
buildings where radiators are equipped with thermostatic
radiator valves.
(24) To
tap
the
energy
savings
potential
in
certain
market
segments where energy audits are generally not offered
commercially (such as small and medium-sized enter
prises (SMEs)), Member States should develop
programmes to encourage SMEs to undergo energy
(29) In
some
multi-apartment
buildings
supplied
by
district
audits. Energy audits should be mandatory and regular
heating or common central heating, the use of accurate
for large enterprises, as energy savings can be significant.
individual heat meters would be technically complicated
Energy audits should take into account relevant European
and costly due to the fact that the hot water used for
or International Standards, such as EN ISO 50001
heating enters and leaves the apartments at several
(Energy Management Systems), or EN 16247-1 (Energy
points. It can be assumed that individual metering of
Audits), or, if including an energy audit, EN ISO 14000
heat consumption in multi-apartment buildings is, never
(Environmental Management Systems) and thus be also
theless, technically possible when the installation of indi
in line with the provisions of Annex VI to this Directive
vidual meters would not require changing the existing in-
as such provisions do not go beyond the requirements of
house piping for hot water heating in the building. In
these relevant standards. A specific European standard on
such buildings, measurements of individual heat
energy audits is currently under development.
consumption can then be carried out by means of indi
vidual heat cost allocators installed on each radiator.
(25) Where
energy
audits
are
carried
out
by
in-house
experts,
the necessary independence would require these experts
not to be directly engaged in the activity audited.
(30) Directive
2006/32/EC
requires
Member
States
to
ensure
that final customers are provided with competitively
(26) When designing energy efficiency improvement
priced individual meters that accurately reflect their
measures, account should be taken of efficiency gains
actual energy consumption and provide information on
and savings obtained through the widespread application
actual time of use. In most cases, this requirement is
of cost-effective technological innovations such as smart
subject to the conditions that it should be technically
meters. Where smart meters have been installed, they
possible, financially reasonable, and proportionate in
should not be used by companies for unjustified back
relation to the potential energy savings. When a
billing.
connection is made in a new building or a building
undergoes major renovations, as defined in Directive
2010/31/EU, such individual meters should, however,
always be provided. Directive 2006/32/EC also requires
(27) In relation to electricity, and in accordance with Directive
that clear billing based on actual consumption should be
2009/72/EC of the European Parliament and of the
provided frequently enough to enable consumers to
Council of 13 July 2009 concerning common rules for
regulate their own energy use.
the internal market in electricity ( 1 ), 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 of the European Parliament
and of the Council of 13 July 2009 concerning common
rules for the internal market in natural gas ( 2 ), where the
(31) Directives
2009/72/EC
and
2009/73/EC
require
Member
roll-out of intelligent metering systems is assessed posi
States to ensure the implementation of intelligent
tively, Member States or any competent authority they
metering systems to assist the active participation of
designate, should prepare a timetable for the implemen
consumers in the electricity and gas supply markets. As
tation of intelligent metering systems.
regards electricity, where the roll-out of smart meters is
found to be cost-effective, at least 80 % of consumers
must be equipped with intelligent metering systems by
2020. As regards natural gas, no deadline is given but
(28) Use
of
individual
meters
or
heat
cost
allocators
for
the preparation of a timetable is required. Those
measuring individual consumption of heating in multi-
Directives also state that final customers must be
properly informed of actual electricity/gas consumption
( 1 ) OJ L 211, 14.8.2009, p. 55.
and costs frequently enough to enable them to regulate
( 2 ) OJ L 211, 14.8.2009, p. 94.
their own consumption.

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L 315/6
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Official Journal of the European Union
14.11.2012
(32) The
impact
of
the
provisions
on
metering
and
billing
in
New electricity generation installations and existing
Directives 2006/32/EC, 2009/72/EC and 2009/73/EC on
installations which are substantially refurbished or
energy saving has been limited. In many parts of the
whose permit or licence is updated should, subject to a
Union, these provisions have not led to customers
cost-benefit analysis showing a cost-benefit surplus, be
receiving up-to-date information about their energy
equipped with high-efficiency cogeneration units to
consumption, or billing based on actual consumption
recover waste heat stemming from the production of
at a frequency which studies show is needed to enable
electricity. This waste heat could then be transported
customers to regulate their energy use. In the sectors of
where it is needed through district heating networks.
space heating and hot water in multi-apartment buildings
The events that trigger a requirement for authorisation
the insufficient clarity of these provisions has also led to
criteria to be applied will generally be events that also
numerous complaints from citizens.
trigger requirements for permits under Directive
2010/75/EU of the European Parliament and of the
Council of 24 November 2010 on industrial
emissions ( 1 ) and for authorisation under Directive
2009/72/EC.
(33) In order to strengthen the empowerment of final
customers as regards access to information from the
metering and billing of their individual energy
consumption, bearing in mind the opportunities
(36) It
may
be
appropriate
for
nuclear
power
installations,
or
associated with the process of the implementation of
electricity generation installations that are intended to
intelligent metering systems and the roll out of smart
make use of geological storage permitted under
meters in the Member States, it is important that the
Directive 2009/31/EC of the European Parliament and
requirements of Union law in this area be made
of the Council of 23 April 2009 on the geological
clearer. This should help reduce the costs of the imple
storage of carbon dioxide ( 2 ), to be located in places
mentation of intelligent metering systems equipped with
where the recovery of waste heat through high-efficiency
functions enhancing energy saving and support the
cogeneration or by supplying a district heating or cooling
development of markets for energy services and
network is not cost-effective. Member States should
demand management. Implementation of intelligent
therefore be able to exempt those installations from the
metering systems enables frequent billing based on
obligation to carry out a cost-benefit analysis for
actual consumption. However, there is also a need to
providing the installation with equipment allowing the
clarify the requirements for access to information and
recovery of waste heat by means of a high-efficiency
fair and accurate billing based on actual consumption
cogeneration unit. It should also be possible to exempt
in cases where smart meters will not be available by
peak-load and back-up electricity generation installations
2020, including in relation to metering and billing of
which are planned to operate under 1 500 operating
individual consumption of heating, cooling and hot
hours per year as a rolling average over a period of
water in multi-unit buildings supplied by district heating/
five years from the requirement to also provide heat.
cooling or own common heating system installed in such
buildings.
(37) It
is
appropriate
for
Member
States
to
encourage
the
introduction of measures and procedures to promote
(34) When designing energy efficiency improvement
cogeneration installations with a total rated thermal
measures, Member States should take due account of
input of less than 20 MW in order to encourage
the need to ensure the correct functioning of the
distributed energy generation.
internal market and the coherent implementation of
the acquis, in accordance with the Treaty on the Func
tioning of the European Union.
(38) High-efficiency
cogeneration
should
be
defined
by
the
energy savings obtained by combined production
instead of separate production of heat and electricity.
The definitions of cogeneration and high-efficiency
(35) High-efficiency
cogeneration and district heating and
cogeneration used in Union legislation should be
cooling has significant potential for saving primary
without prejudice to the use of different definitions in
energy, which is largely untapped in the Union.
national legislation for purposes other than those of the
Member States should carry out a comprehensive
Union legislation in question. To maximise energy
assessment of the potential for high-efficiency cogen
savings and avoid energy saving opportunities being
eration and district heating and cooling. These
missed, the greatest attention should be paid to the
assessments should be updated, at the request of the
operating conditions of cogeneration units.
Commission, to provide investors with information
concerning national development plans and contribute
( 1 ) OJ L 334, 17.12.2010, p. 17.
to a stable and supportive investment environment.
( 2 ) OJ L 140, 5.6.2009, p. 114.

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14.11.2012 Official
Journal
of
the
European
Union
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315/7
(39) To
increase
transparency
for
the
final
customer
to
be
(EC) No 715/2009 of the European Parliament and of
able to choose between electricity from cogeneration
the Council of 13 July 2009 on conditions for access to
and electricity produced by other techniques, the origin
the natural gas transmission networks ( 2 ). Producers of
of high-efficiency cogeneration should be guaranteed on
electricity generated from high-efficiency cogeneration
the basis of harmonised efficiency reference values.
should be allowed to issue a call for tender for the
Guarantee of origin schemes do not by themselves
connection work. Access to the grid system for electricity
imply a right to benefit from national support mech
produced from high-efficiency cogeneration, especially
anisms. It is important that all forms of electricity
for small scale and micro-cogeneration units, should be
produced from high-efficiency cogeneration can be
facilitated. In accordance with Article 3(2) of Directive
covered by guarantees of origin. Guarantees of origin
2009/72/EC and Article 3(2) of Directive 2009/73/EC,
should be distinguished from exchangeable certificates.
Member States may impose public service obligations,
including in relation to energy efficiency, on under
takings operating in the electricity and gas sectors.
(40) The
specific
structure
of
the
cogeneration
and
district
heating and cooling sectors, which include many small
and medium-sized producers, should be taken into
account, especially when reviewing the administrative
(44) Demand response is an important instrument for
procedures for obtaining permission to construct cogen
improving energy efficiency, since it significantly
eration capacity or associated networks, in application of
increases the opportunities for consumers or third
the ‘Think Small First’ principle.
parties nominated by them to take action on
consumption and billing information and thus provides
a mechanism to reduce or shift consumption, resulting in
energy savings in both final consumption and, through
the more optimal use of networks and generation assets,
(41) Most
Union
businesses
are
SMEs.
They
represent
an
in energy generation, transmission and distribution.
enormous energy saving potential for the Union. To
help them adopt energy efficiency measures, Member
States should establish a favourable framework aimed
at providing SMEs with technical assistance and
targeted information.
(45) Demand
response can be based on final customers’
responses to price signals or on building automation.
Conditions for, and access to, demand response should
(42) Directive
2010/75/EU
includes
energy
efficiency
among
be improved, including for small final consumers. Taking
the criteria for determining the Best Available Techniques
into account the continuing deployment of smart grids,
that should serve as a reference for setting the permit
Member States should therefore ensure that national
conditions for installations within its scope, including
energy regulatory authorities are able to ensure that
combustion installations with a total rated thermal
network tariffs and regulations incentivise improvements
input of 50 MW or more. However, that Directive
in energy efficiency and support dynamic pricing for
gives Member States the option not to impose
demand response measures by final customers. Market
requirements relating to energy efficiency on combustion
integration and equal market entry opportunities for
units or other units emitting carbon dioxide on the site,
demand-side resources (supply and consumer loads)
for the activities listed in Annex I to Directive
alongside generation should be pursued. In addition,
2003/87/EC. Member States could include information
Member States should ensure that national energy regu
on energy efficiency levels in their reporting under
latory authorities take an integrated approach
Directive 2010/75/EU.
encompassing potential savings in the energy supply
and the end-use sectors.
(43) Member
States
should
establish,
on
the
basis
of
objective,
transparent and non-discriminatory criteria, rules
governing the bearing and sharing of costs of grid
(46) A
sufficient
number
of
reliable
professionals
competent
connections and grid reinforcements and for technical
in the field of energy efficiency should be available to
adaptations needed to integrate new producers of elec
ensure the effective and timely implementation of this
tricity produced from high-efficiency cogeneration, taking
Directive, for instance as regards compliance with the
into account guidelines and codes developed in
requirements on energy audits and implementation of
accordance with Regulation (EC) No 714/2009 of the
energy efficiency obligation schemes. Member States
European Parliament and of the Council of 13 July
should therefore put in place certification schemes for
2009 on conditions for access to the network for
the providers of energy services, energy audits and
cross-border exchanges in electricity ( 1 ) and Regulation
other energy efficiency improvement measures.
( 1 ) OJ L 211, 14.8.2009, p. 15.
( 2 ) OJ L 211, 14.8.2009, p. 36.

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L 315/8
EN
Official Journal of the European Union
14.11.2012
(47) It is necessary to continue developing the market for
European financial institutions, in particular the
energy services to ensure the availability of both the
European Bank for Reconstruction and Development
demand for and the supply of energy services. Trans
and the Council of Europe Development Bank;
parency, for example by means of lists of energy
resources leveraged in financial institutions; national
services providers, can contribute to this. Model
resources, including through the creation of regulatory
contracts, exchange of best practice and guidelines, in
and fiscal frameworks encouraging the implementation
particular for energy performance contracting, can also
of energy efficiency initiatives and programmes;
help stimulate demand. As in other forms of third-party
revenues from annual emission allocations under
financing arrangements, in an energy performance
Decision No 406/2009/EC.
contract the beneficiary of the energy service avoids
investment costs by using part of the financial value of
energy savings to repay the investment fully or partially
carried out by a third party.
(52) The financing facilities could in particular use those
contributions, resources and revenues to enable and
encourage private capital investment, in particular
(48) There
is
a
need
to
identify
and
remove
regulatory
and
non-regulatory barriers to the use of energy performance
drawing on institutional investors, while using criteria
contracting and other third-party financing arrangements
ensuring the achievement of both environmental and
for energy savings. These barriers include accounting
social objectives for the granting of funds; make use of
rules and practices that prevent capital investments and
innovative financing mechanisms (e.g. loan guarantees
annual financial savings resulting from energy efficiency
for private capital, loan guarantees to foster energy
improvement measures from being adequately reflected
performance contracting, grants, subsidised loans and
in the accounts for the whole life of the investment.
dedicated credit lines, third party financing systems)
Obstacles to the renovating of the existing building
that reduce the risks of energy efficiency projects and
stock based on a split of incentives between the
allow for cost-effective renovations even among low
different actors concerned should also be tackled at
and medium revenue households; be linked to
national level.
programmes or agencies which will aggregate and

assess the quality of energy saving projects, provide
technical assistance, promote the energy services market
and help to generate consumer demand for energy
services.
(49) Member
States
and
regions
should
be
encouraged
to
make full use of the Structural Funds and the Cohesion
Fund to trigger investments in energy efficiency
improvement measures. Investment in energy efficiency
has the potential to contribute to economic growth,
employment, innovation and a reduction in fuel
(53) The
financing
facilities
could
also
provide
appropriate
poverty in households, and therefore makes a positive
resources to support training and certification
contribution to economic, social and territorial
programmes which improve and accredit skills for
cohesion. Potential areas for funding include energy effi
energy efficiency; provide resources for research on and
ciency measures in public buildings and housing, and
demonstration and acceleration of uptake of small-scale
providing new skills to promote employment in the
and micro- technologies to generate energy and the opti
energy efficiency sector.
misation of the connections of those generators to the
grid; be linked to programmes undertaking action to
promote energy efficiency in all dwellings to prevent
energy poverty and stimulate landlords letting dwellings
to render their property as energy-efficient as possible;
(50) Member
States
should
encourage
the
use
of
financing
provide appropriate resources to support social dialogue
facilities to further the objectives of this Directive. Such
and standard-setting aiming at improving energy effi
financing facilities could include financial contributions
ciency and ensuring good working conditions and
and fines from non-fulfilment of certain provisions of
health and safety at work.
this Directive; resources allocated to energy efficiency

under Article 10(3) of Directive 2003/87/EC; resources
allocated to energy efficiency in the multiannual financial
framework, in particular cohesion, structural and rural
development funds, and dedicated European financial
instruments, such as the European Energy Efficiency
Fund.
(54) Available
Union financial
instruments and innovative
financing mechanisms should be used to give practical
effect to the objective of improving the energy
performance of public bodies’ buildings. In that respect,
Member States may use their revenues from annual
(51) Financing
facilities
could
be
based,
where
applicable,
on
emission allocations under Decision No 406/2009/EC
resources allocated to energy efficiency from Union
in the development of such mechanisms on a
project bonds; resources allocated to energy efficiency
voluntary basis and taking into account national
from the European Investment Bank and other
budgetary rules.

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EN
14.11.2012 Official
Journal
of
the
European
Union
L
315/9
(55) In
the
implementation
of
the
20
%
energy
efficiency
framework for the setting of ecodesign requirements
target, the Commission will have to monitor the
for energy-related products ( 3 ) and Directive 2010/30/EU
impact of new measures on Directive 2003/87/EC estab
of the European Parliament and of the Council of
lishing the Union’s emissions trading scheme (ETS) in
19 May 2010 on the indication by labelling and
order to maintain the incentives in the emissions
standard product information of the consumption of
trading system rewarding low carbon investments and
energy and other resources by energy-related products ( 4 )
preparing the ETS sectors for the innovations needed in
should be accelerated and widened. Priority should be
the future. It will need to monitor the impact on those
given to products offering the highest energy-saving
industry sectors which are exposed to a significant risk of
potential as identified by the Ecodesign Working Plan
carbon leakage as determined in Commission Decision
and the revision, where appropriate, of existing measures.
2010/2/EU of 24 December 2009 determining,
pursuant to Directive 2003/87/EC of the European
Parliament and of the Council, a list of sectors and
subsectors which are deemed to be exposed to a
(59) In
order
to
clarify
the
conditions
under
which
Member
significant risk of carbon leakage (
States can set energy performance requirements under

1 ), in order to ensure
that this Directive promotes and does not impede the
Directive 2010/31/EU whilst respecting Directive
development of these sectors.
2009/125/EC and its implementing measures, Directive
2009/125/EC should be amended accordingly.
(56) Directive
2006/32/EC
requires
Member
States
to
adopt,
(60) Since
the
objective
of
this
Directive,
namely
to
achieve
and aim to achieve, an overall national indicative energy
the Union’s energy efficiency target of 20 % by 2020 and
savings target of 9 % by 2016, to be reached by
pave the way towards further energy efficiency
deploying energy services and other energy efficiency
improvements beyond 2020, cannot be sufficiently
improvement measures. That Directive states that the
achieved by the Member States without taking additional
second Energy Efficiency Plan adopted by the Member
energy efficiency measures, and can be better achieved at
States shall be followed, as appropriate and where
Union level, the Union may adopt measures, in
necessary, by Commission proposals for additional
accordance with the principle of subsidiarity as set out
measures, including extending the period of application
in Article 5 of the Treaty on European Union. In
of targets. If a report concludes that insufficient progress
accordance with the principle of proportionality, as set
has been made towards achieving the indicative national
out in that Article, this Directive does not go beyond
targets laid down by that Directive, these proposals are to
what is necessary in order to achieve that objective.
address the level and nature of the targets. The impact
assessment accompanying this Directive finds that the
Member States are on track to achieve the 9 % target,
which is substantially less ambitious than the
(61) In order to permit adaptation to technical progress and
changes in the distribution of energy sources, the power
subsequently adopted 20 % energy saving target for
to adopt acts in accordance with Article 290 of the
2020, and therefore there is no need to address the
Treaty on the Functioning of the European Union
level of the targets.
should be delegated to the Commission in respect of
the review of the harmonised efficiency reference values
laid down on the basis of Directive 2004/8/EC and in
respect of the values, calculation methods, default
(57) The
Intelligent
Energy
Europe
Programme
established
by
primary energy coefficient and requirements in the
Decision No 1639/2006/EC of the European Parliament
Annexes to this Directive. It is of particular importance
and of the Council of 24 October 2006 establishing a
that the Commission carry out appropriate consultations
Competitiveness and Innovation Framework Programme
during its preparatory work, including at expert level.
(2007 to 2013) ( 2 ) has been instrumental in creating an
The Commission, when preparing and drawing up
enabling environment for the proper implementation of
delegated acts, should ensure a simultaneous, timely
the Union’s sustainable energy policies, by removing
and appropriate transmission of relevant documents to
market barriers such as insufficient awareness and
the European Parliament and the Council.
capacity of market actors and institutions, national
technical or administrative barriers to the proper func
tioning of the internal energy market or underdeveloped
labour markets to match the low-carbon economy chal
(62) In
order
to
ensure
uniform
conditions
for
the
implemen
lenge. Many of those barriers are still relevant.
tation of this Directive, implementing powers should be
conferred on the Commission. Those powers should be
exercised in accordance with Regulation (EU) No
182/2011 of the European Parliament and of the
Council of 16 February 2011 laying down the rules
(58) In order to tap the considerable energy-saving potential
and general principles concerning mechanisms for
of energy-related products, the implementation of
control by Member States of the Commission’s exercise
Directive 2009/125/EC of the European Parliament and
of implementing powers ( 5 ).
of the Council of 21 October 2009 establishing a
( 3 ) OJ L 285, 31.10.2009, p. 10.
( 1 ) OJ L 1, 5.1.2010, p. 10.
( 4 ) OJ L 153, 18.6.2010, p. 1.
( 2 ) OJ L 310, 9.11.2006, p. 15.
( 5 ) OJ L 55, 28.2.2011, p. 13.

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L 315/10
EN
Official Journal of the European Union
14.11.2012
(63) All
substantive
provisions
of
Directives
2004/8/EC
and
State from maintaining or introducing more stringent
2006/32/EC should be repealed, except Article 4(1) to (4)
measures. Such measures shall be compatible with Union law.
of, and Annexes I, III and IV to Directive 2006/32/EC.
Where national legislation provides for more stringent
Those latter provisions should continue to apply until the
measures, the Member State shall notify such legislation to
deadline for the achievement of the 9
% target.
the Commission.
Article 9(1) and (2) of Directive 2010/30/EU, which
provides for an obligation for Member States only to
endeavour to procure products having the highest
Article 2
energy efficiency class, should be deleted.
Definitions
For the purposes of this Directive, the following definitions shall
apply:
(64) The
obligation
to
transpose
this
Directive
into
national
law should be limited to those provisions that represent a
substantive change as compared with Directives
(1) ‘energy’
means
all
forms
of
energy
products,
combustible
2004/8/EC and 2006/32/EC. The obligation to
fuels, heat, renewable energy, electricity, or any other form
transpose the provisions which are unchanged arises
of energy, as defined in Article 2(d) of Regulation (EC) No
under those Directives.
1099/2008 of the European Parliament and of the Council
of 22 October 2008 on energy statistics ( 1 );
(65) This Directive should be without prejudice to the
obligations of the Member States relating to the time
(2) ‘primary energy consumption’ means gross inland
limits for transposition into national law and application
consumption, excluding non-energy uses;
of Directives 2004/8/EC and 2006/32/EC.
(3) ‘final energy consumption’ means all energy supplied to
industry, transport, households, services and agriculture. It
(66) In
accordance
with
the
Joint
Political
Declaration
of
excludes deliveries to the energy transformation sector and
Member States and the Commission on explanatory
the energy industries themselves;
documents of 28 September 2011, Member States have
undertaken to accompany, in justified cases, the notifi
(4) ‘energy efficiency’ means the ratio of output of
cation of their transposition measures with one or more
performance, service, goods or energy, to input of energy;
documents explaining the relationship between the
components of a directive and the corresponding parts
of national transposition instruments. With regard to this
(5) ‘energy savings’ means an amount of saved energy
Directive, the legislator considers the transmission of
determined by measuring and/or estimating consumption
such documents to be justified,
before and after implementation of an energy efficiency
improvement measure, whilst ensuring normalisation for
external conditions that affect energy consumption;
HAVE ADOPTED THIS DIRECTIVE:
(6) ‘energy efficiency improvement’ means an increase in
energy efficiency as a result of technological, behavioural
CHAPTER I
and/or economic changes;
SUBJECT MATTER, SCOPE, DEFINITIONS AND ENERGY
EFFICIENCY TARGETS
(7) ‘energy
service’
means
the
physical
benefit,
utility
or
good
Article 1
derived from a combination of energy with energy-efficient
technology or with action, which may include the oper
Subject matter and scope
ations, maintenance and control necessary to deliver the
service, which is delivered on the basis of a contract and in
1. This
Directive
establishes
a
common
framework
of
normal circumstances has proven to result in verifiable
measures for the promotion of energy efficiency within the
and measurable or estimable energy efficiency
Union in order to ensure the achievement of the Union’s
improvement or primary energy savings;
2020 20 % headline target on energy efficiency and to pave
the way for further energy efficiency improvements beyond
that date.
(8) ‘public bodies’ means ‘contracting authorities’ as defined in
Directive 2004/18/EC of the European Parliament and of
the Council of 31 March 2004 on the coordination of
It lays down rules designed to remove barriers in the energy
procedures for the award of public works contracts,
market and overcome market failures that impede efficiency in
public supply contracts and public service contracts ( 2 );
the supply and use of energy, and provides for the estab
lishment of indicative national energy efficiency targets for
(9) ‘central
government’
means
all
administrative
departments
2020.
whose competence extends over the whole territory of a
Member State;
2. The
requirements
laid
down
in
this
Directive
are ( 1 ) OJ L 304, 14.11.2008, p. 1.
minimum requirements and shall not prevent any Member
( 2 ) OJ L 134, 30.4.2004, p. 114.

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EN
14.11.2012 Official
Journal
of
the
European
Union L
315/11
(10) ‘total useful floor area’ means the floor area of a building
(22) ‘retail energy sales company’ means a natural or legal
or part of a building, where energy is used to condition
person who sells energy to final customers;
the indoor climate;
(23) ‘final customer’ means a natural or legal person who
(11) ‘energy management system’ means a set of interrelated or
purchases energy for own end use;
interacting elements of a plan which sets an energy effi
ciency objective and a strategy to achieve that objective;
(24) ‘energy service provider’ means a natural or legal person
(12) ‘European standard’ means a standard adopted by the
who delivers energy services or other energy efficiency
European Committee for Standardisation, the European
improvement measures in a final customer’s facility or
Committee for Electrotechnical Standardisation or the
premises;
European Telecommunications Standards Institute and
made available for public use;
(25) ‘energy audit’ means a systematic procedure with the
purpose of obtaining adequate knowledge of the existing
(13) ‘international standard’ means a standard adopted by the
energy consumption profile of a building or group of
International Standardisation Organisation and made
buildings, an industrial or commercial operation or instal
available to the public;
lation or a private or public service, identifying and quan
tifying cost-effective energy savings opportunities, and
reporting the findings;
(14) ‘obligated party’ means an energy distributor or retail
energy sales company that is bound by the national
energy efficiency obligation schemes referred to in
(26) ‘small and medium-sized enterprises’ or ‘SMEs’ means
Article 7;
enterprises as defined in Title I of the Annex to
Commission Recommendation 2003/361/EC of 6 May
(15) ‘entrusted party’ means a legal entity with delegated power
2003 concerning the definition of micro, small and
from a government or other public body to develop,
medium-sized enterprises ( 1 ); the category of micro, small
manage or operate a financing scheme on behalf of the
and medium-sized enterprises is made up of enterprises
government or other public body;
which employ fewer than 250 persons and which have
an annual turnover not exceeding EUR 50 million, and/or
an annual balance sheet total not exceeding EUR
(16) ‘participating party’ means an enterprise or public body
43 million;
that has committed itself to reaching certain objectives
under a voluntary agreement, or is covered by a national
regulatory policy instrument;
(27) ‘energy performance contracting’ means a contractual
arrangement between the beneficiary and the provider of
(17) ‘implementing public authority’ means a body governed by
an energy efficiency improvement measure, verified and
public law which is responsible for the carrying out or
monitored during the whole term of the contract, where
monitoring of energy or carbon taxation, financial
investments (work, supply or service) in that measure are
schemes and instruments, fiscal incentives, standards and
paid for in relation to a contractually agreed level of
norms, energy labelling schemes, training or education;
energy efficiency improvement or other agreed energy
performance criterion, such as financial savings;
(18) ‘policy measure’ means a regulatory, financial, fiscal,
voluntary or information provision instrument formally
(28) ‘smart metering system’ or ‘intelligent metering system’
established and implemented in a Member State to
means an electronic system that can measure energy
create a supportive framework, requirement or incentive
consumption, providing more information than a conven
for market actors to provide and purchase energy services
tional meter, and can transmit and receive data using a
and to undertake other energy efficiency improvement
form of electronic communication;
measures;
(29) ‘transmission system operator’ means ‘transmission system
(19) ‘individual action’ means an action that leads to verifiable,
operator’ as defined in Directive 2009/72/EC and Directive
and measurable or estimable, energy efficiency
2009/73/EC respectively;
improvements and is undertaken as a result of a policy
measure;
(30) ‘cogeneration’ means the simultaneous generation in one
(20) ‘energy distributor’ means a natural or legal person,
process of thermal energy and electrical or mechanical
including a distribution system operator, responsible for
energy;
transporting energy with a view to its delivery to final
customers or to distribution stations that sell energy to
(31) ‘economically justifiable demand’ means demand that does
final customers;
not exceed the needs for heating or cooling and which
would otherwise be satisfied at market conditions by
(21) ‘distribution system operator’ means ‘distribution system
energy generation processes other than cogeneration;
operator’ as defined in Directive 2009/72/EC and
Directive 2009/73/EC respectively;
( 1 ) OJ L 124, 20.5.2003, p. 36.

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L 315/12
EN
Official Journal of the European Union
14.11.2012
(32) ‘useful heat’ means heat produced in a cogeneration
(43) ‘efficient individual heating and cooling’ means an indi
process to satisfy economically justifiable demand for
vidual heating and cooling supply option that, compared
heating or cooling;
to efficient district heating and cooling, measurably
reduces the input of non-renewable primary energy
needed to supply one unit of delivered energy within a
relevant system boundary or requires the same input of
(33) ‘electricity from cogeneration’ means electricity generated
non-renewable primary energy but at a lower cost, taking
in a process linked to the production of useful heat and
into account the energy required for extraction,
calculated in accordance with the methodology laid down
conversion, transport and distribution;
in Annex I;
(34) ‘high-efficiency cogeneration’ means cogeneration meeting
(44) ‘substantial refurbishment’ means a refurbishment whose
the criteria laid down in Annex II;
cost exceeds 50 % of the investment cost for a new
comparable unit;
(35) ‘overall efficiency’ means the annual sum of electricity and
mechanical energy production and useful heat output
divided by the fuel input used for heat produced in a
(45) ‘aggregator’ means a demand service provider that
cogeneration process and gross electricity and mechanical
combines multiple short-duration consumer loads for
energy production;
sale or auction in organised energy markets.
(36) ‘power-to-heat ratio’ means the ratio of electricity from
Article 3
cogeneration to useful heat when operating in full cogen
eration mode using operational data of the specific unit;
Energy efficiency targets
1. Each
Member
State
shall
set
an
indicative
national
energy
efficiency target, based on either primary or final energy
(37) ‘cogeneration unit’ means a unit that is able to operate in
consumption, primary or final energy savings, or energy
cogeneration mode;
intensity. Member States shall notify those targets to the
Commission in accordance with Article 24(1) and Annex XIV
Part 1. When doing so, they shall also express those targets in
terms of an absolute level of primary energy consumption and
(38) ‘small-scale cogeneration unit’ means a cogeneration unit
final energy consumption in 2020 and shall explain how, and
with installed capacity below 1 MW
on the basis of which data, this has been calculated.
e ;
(39) ‘micro-cogeneration unit’ means a cogeneration unit with a
When setting those targets, Member States shall take into
maximum capacity below 50 kW e ;
account:
(40) ‘plot ratio’ means the ratio of the building floor area to the
land area in a given territory;
(a) that the Union’s 2020 energy consumption has to be no
more than 1 474 Mtoe of primary energy or no more than
1 078 Mtoe of final energy;
(41) ‘efficient district heating and cooling’ means a district
heating or cooling system using at least 50 % renewable
energy, 50 % waste heat, 75 % cogenerated heat or 50 %
of a combination of such energy and heat;
(b) the measures provided for in this Directive;
(42) ‘efficient heating and cooling’ means a heating and cooling
(c) the measures adopted to reach the national energy saving
option that, compared to a baseline scenario reflecting a
targets adopted pursuant to Article 4(1) of Directive
business-as-usual situation, measurably reduces the input
2006/32/EC; and
of primary energy needed to supply one unit of delivered
energy within a relevant system boundary in a cost-
effective way, as assessed in the cost-benefit analysis
referred to in this Directive, taking into account the
energy required for extraction, conversion, transport and
(d) other measures to promote energy efficiency within Member
distribution;
States and at Union level.

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EN
14.11.2012 Official
Journal
of
the
European
Union L
315/13
When setting those targets, Member States may also take into
residential and commercial buildings, both public and private.
account national circumstances affecting primary energy
This strategy shall encompass:
consumption, such as:
(a) remaining cost-effective energy-saving potential;
(a) an overview of the national building stock based, as appro
priate, on statistical sampling;
(b) GDP evolution and forecast;
(c) changes of energy imports and exports;
(b) identification of cost-effective approaches to renovations
relevant to the building type and climatic zone;
(d) development of all sources of renewable energies, nuclear
energy, carbon capture and storage; and
(c) policies and measures to stimulate cost-effective deep reno
vations of buildings, including staged deep renovations;
(e) early action.
2. By
30
June
2014,
the
Commission
shall
assess
progress (d) a forward-looking perspective to guide investment decisions
achieved and whether the Union is likely to achieve energy
of individuals, the construction industry and financial insti
consumption of no more than 1 474 Mtoe of primary energy
tutions;
and/or no more than 1 078 Mtoe of final energy in 2020.
3. In
carrying
out
the
review
referred
to
in
paragraph
2,
the (e) an evidence-based estimate of expected energy savings and
Commission shall:
wider benefits.
(a) sum the national indicative energy efficiency targets
reported by Member States;
A first version of the strategy shall be published by 30 April
2014 and updated every three years thereafter and submitted to
(b) assess whether the sum of those targets can be considered a
the Commission as part of the National Energy Efficiency
reliable guide to whether the Union as a whole is on track,
Action Plans.
taking into account the evaluation of the first annual report
in accordance with Article 24(1), and the evaluation of the
National Energy Efficiency Action Plans in accordance with
Article 5
Article 24(2);
Exemplary role of public bodies’ buildings
(c) take into account complementary analysis arising from:
1. Without
prejudice
to
Article
7
of
Directive
2010/31/EU,
each Member State shall ensure that, as from 1 January 2014,
(i) an assessment of progress in energy consumption, and
3 % of the total floor area of heated and/or cooled buildings
in energy consumption in relation to economic activity,
owned and occupied by its central government is renovated
at Union level, including progress in the efficiency of
each year to meet at least the minimum energy performance
energy supply in Member States that have based their
requirements that it has set in application of Article 4 of
national indicative targets on final energy consumption
Directive 2010/31/EU.
or final energy savings, including progress due to these
Member States’ compliance with Chapter III of this
Directive;
The 3 % rate shall be calculated on the total floor area of
buildings with a total useful floor area over 500 m 2 owned
(ii) results from modelling exercises in relation to future
and occupied by the central government of the Member State
trends in energy consumption at Union level;
concerned that, on 1 January of each year, do not meet the
national minimum energy performance requirements set in
application of Article 4 of Directive 2010/31/EU. That
(d) compare the results under points (a) to (c) with the quantity
threshold shall be lowered to 250 m
of energy consumption that would be needed to achieve

2 as of 9 July 2015.
energy consumption of no more than 1 474 Mtoe of
primary energy and/or no more than 1 078 Mtoe of final
energy in 2020.
Where a Member State requires that the obligation to renovate
each year 3 % of the total floor area extends to floor area
owned and occupied by administrative departments at a level
CHAPTER II
below central government, the 3 % rate shall be calculated on
EFFICIENCY IN ENERGY USE
the total floor area of buildings with a total useful floor area
over 500 m 2 and, as of 9 July 2015, over 250 m 2 owned and
Article 4
occupied by central government and by these administrative
Building renovation
departments of the Member State concerned that, on 1
January of each year, do not meet the national minimum
Member States shall establish a long-term strategy for mobi
energy performance requirements set in application of
lising investment in the renovation of the national stock of
Article 4 of Directive 2010/31/EU.

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L 315/14
EN
Official Journal of the European Union
14.11.2012
When implementing measures for the comprehensive reno
effective measures, including deep renovations and measures for
vation of central government buildings in accordance with the
behavioural change of occupants, to achieve, by 2020, an
first subparagraph, Member States may choose to consider the
amount of energy savings in eligible buildings owned and
building as a whole, including the building envelope,
occupied by their central government that is at least equivalent
equipment, operation and maintenance.
to that required in paragraph 1, reported on an annual basis.
Member States shall require that central government buildings
with the poorest energy performance be a priority for energy
For the purpose of the alternative approach, Member States may
efficiency measures, where cost-effective and technically feasible.
estimate the energy savings that paragraphs 1 to 4 would
generate by using appropriate standard values for the energy
consumption of reference central government buildings before
2. Member
States
may
decide
not
to
set
or
apply
the and after renovation and according to estimates of the surface
requirements referred to in paragraph 1 to the following
of their stock. The categories of reference central government
categories of buildings:
buildings shall be representative of the stock of such buildings.
(a) buildings officially protected as part of a designated
Member States opting for the alternative approach shall notify
environment, or because of their special architectural or
to the Commission, by 31 December 2013, the alternative
historical merit, in so far as compliance with certain
measures that they plan to adopt, showing how they would
minimum energy performance requirements would
achieve an equivalent improvement in the energy performance
unacceptably alter their character or appearance;
of the buildings within the central government estate.
(b) buildings owned by the armed forces or central government
and serving national defence purposes, apart from single
7. Member
States
shall
encourage
public
bodies,
including
at
living quarters or office buildings for the armed forces
regional and local level, and social housing bodies governed by
and other staff employed by national defence authorities;
public law, with due regard for their respective competences
and administrative set-up, to:
(c) buildings used as places of worship and for religious activ
ities.
(a) adopt an energy efficiency plan, freestanding or as part of a
broader climate or environmental plan, containing specific
energy saving and efficiency objectives and actions, with a
3. If
a
Member
State
renovates
more
than
3
%
of
the
total
view to following the exemplary role of central government
floor area of central government buildings in a given year, it
buildings laid down in paragraphs 1, 5 and 6;
may count the excess towards the annual renovation rate of any
of the three previous or following years.
(b) put in place an energy management system, including
4. Member
States
may
count
towards
the
annual
renovation
energy audits, as part of the implementation of their plan;
rate of central government buildings new buildings occupied
and owned as replacements for specific central government
buildings demolished in any of the two previous years, or
buildings that have been sold, demolished or taken out of use
(c) use, where appropriate, energy service companies, and
in any of the two previous years due to more intensive use of
energy performance contracting to finance renovations
other buildings.
and implement plans to maintain or improve energy effi
ciency in the long term.
5. For
the
purposes
of
paragraph
1,
by
31
December
2013,
Member States shall establish and make publicly available an
Article 6
inventory of heated and/or cooled central government buildings
with a total useful floor area over 500 m 2 and, as of 9 July
Purchasing by public bodies
2015, over 250 m 2 , excluding buildings exempted on the basis
1. Member
States
shall
ensure
that
central
governments
of paragraph 2. The inventory shall contain the following data:
purchase only products, services and buildings with high
energy-efficiency performance, insofar as that is consistent
with cost-effectiveness, economical feasibility, wider sustain
(a) the floor area in m 2 ; and
ability, technical suitability, as well as sufficient competition,
as referred to in Annex III.
(b) the energy performance of each building or relevant energy
data.
The obligation set out in the first subparagraph shall apply to
contracts for the purchase of products, services and buildings by
6. Without
prejudice
to
Article
7
of
Directive
2010/31/EU, public bodies in so far as such contracts have a value equal to
Member States may opt for an alternative approach to para
or greater than the thresholds laid down in Article 7 of
graphs 1 to 5 of this Article, whereby they take other cost-
Directive 2004/18/EC.

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EN
14.11.2012 Official
Journal
of
the
European
Union L
315/15
2. The
obligation
referred
to
in
paragraph
1
shall
apply
to 2. Subject
to
paragraph
3,
each
Member
State
may:
the contracts of the armed forces only to the extent that its
application does not cause any conflict with the nature and
primary aim of the activities of the armed forces. The obligation
shall not apply to contracts for the supply of military
(a) carry out the calculation required by the second
equipment as defined by Directive 2009/81/EC of the
subparagraph of paragraph 1 using values of 1 % in 2014
European Parliament and of the Council of 13 July 2009 on
and 2015; 1,25 % in 2016 and 2017; and 1,5 % in 2018,
the coordination of procedures for the award of certain works
2019 and 2020;
contracts, supply contracts and service contracts by contracting
authorities or entities in the fields of defence and security ( 1 ).
(b) exclude from the calculation all or part of the sales, by
volume, of energy used in industrial activities listed in
Annex I to Directive 2003/87/EC;
3. Member
States
shall
encourage
public
bodies,
including
at
regional and local levels, with due regard to their respective
competences and administrative set-up, to follow the
exemplary role of their central governments to purchase only
(c) allow energy savings achieved in the energy transformation,
products, services and buildings with high energy-efficiency
distribution and transmission sectors, including efficient
performance. Member States shall encourage public bodies,
district heating and cooling infrastructure, as a result of
when tendering service contracts with significant energy
the implementation of the requirements set out in
content, to assess the possibility of concluding long- term
Article 14(4), point (b) of Article 14(5) and Article 15(1)
energy performance contracts that provide long-term energy
to (6) and (9) to be counted towards the amount of energy
savings.
savings required under paragraph 1; and
4. Without
prejudice
to
paragraph
1,
when
purchasing
a (d) count energy savings resulting from individual actions
product package covered as a whole by a delegated act
newly implemented since 31 December 2008 that
adopted under Directive 2010/30/EU, Member States may
continue to have an impact in 2020 and that can be
require that the aggregate energy efficiency shall take priority
measured and verified, towards the amount of energy
over the energy efficiency of individual products within that
savings referred to in paragraph 1.
package, by purchasing the product package that complies
with the criterion of belonging to the highest energy efficiency
class.
3. The
application
of
paragraph
2
shall
not
lead
to
a
reduction of more than 25 % of the amount of energy
savings referred to in paragraph 1. Member States making use
of paragraph 2 shall notify that fact to the Commission by
Article 7
5 June 2014, including the elements listed under paragraph 2
Energy efficiency obligation schemes
to be applied and a calculation showing their impact on the
amount of energy savings referred to in paragraph 1.
1. Each
Member
State
shall
set
up
an
energy
efficiency
obligation scheme. That scheme shall ensure that energy
distributors and/or retail energy sales companies that are
designated as obligated parties under paragraph 4 operating in
4. Without
prejudice
to
the
calculation
of
energy
savings
for
each Member State’s territory achieve a cumulative end-use
the target in accordance with the second subparagraph of
energy savings target by 31 December 2020, without
paragraph 1, each Member State shall, for the purposes of the
prejudice to paragraph 2.
first subparagraph of paragraph 1, designate, on the basis of
objective and non-discriminatory criteria, obligated parties
amongst energy distributors and/or retail energy sales
companies operating in its territory and may include transport
That target shall be at least equivalent to achieving new savings
fuel distributors or transport fuel retailers operating in its
each year from 1 January 2014 to 31 December 2020 of 1,5 %
territory. The amount of energy savings to fulfil the obligation
of the annual energy sales to final customers of all energy
shall be achieved by the obligated parties among final
distributors or all retail energy sales companies by volume,
customers, designated, as appropriate, by the Member State,
averaged over the most recent three-year period prior to
independently of the calculation made pursuant to paragraph
1 January 2013. The sales of energy, by volume, used in
1, or, if Member States so decide, through certified savings
transport may be partially or fully excluded from this calcu
stemming from other parties as described in point (b) of
lation.
paragraph 7.
5. Member
States
shall
express
the
amount
of
energy
savings
Member States shall decide how the calculated quantity of new
required of each obligated party in terms of either final or
savings referred to in the second subparagraph is to be phased
primary energy consumption. The method chosen for
over the period.
expressing the required amount of energy savings shall also
be used for calculating the savings claimed by obligated
( 1 ) OJ L 216, 20.8.2009, p. 76.
parties. The conversion factors set out in Annex IV shall apply.

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L 315/16
EN
Official Journal of the European Union
14.11.2012
6. Member States shall ensure that the savings stemming
final customers, provided those policy measures meet the
from paragraphs 1, 2 and 9 of this Article and Article 20(6)
criteria set out in paragraphs 10 and 11. The annual amount
are calculated in accordance with points (1) and (2) of Annex V.
of new energy savings achieved through this approach shall be
They shall put in place measurement, control and verification
equivalent to the amount of new energy savings required by
systems under which at least a statistically significant proportion
paragraphs 1, 2 and 3. Provided that equivalence is maintained,
and representative sample of the energy efficiency improvement
Member States may combine obligation schemes with alter
measures put in place by the obligated parties is verified. That
native policy measures, including national energy efficiency
measurement, control and verification shall be conducted inde
programmes.
pendently of the obligated parties.
The policy measures referred to in the first subparagraph may
7. Within
the
energy
efficiency
obligation
scheme,
Member include, but are not restricted to, the following policy measures
States may:
or combinations thereof:
(a) include requirements with a social aim in the saving
(a) energy or CO
obligations they impose, including by requiring a share of

2 taxes that have the effect of reducing end-use
energy consumption;
energy efficiency measures to be implemented as a priority
in households affected by energy poverty or in social
housing;
(b) financing schemes and instruments or fiscal incentives that
lead to the application of energy-efficient technology or
(b) permit obligated parties to count towards their obligation
techniques and have the effect of reducing end-use energy
certified energy savings achieved by energy service providers
consumption;
or other third parties, including when obligated parties
promote measures through other State-approved bodies or
through public authorities that may or may not involve
(c) regulations or voluntary agreements that lead to the appli
formal partnerships and may be in combination with
cation of energy-efficient technology or techniques and have
other sources of finance. Where Member States so permit,
the effect of reducing end-use energy consumption;
they shall ensure that an approval process is in place which
is clear, transparent and open to all market actors, and
which aims at minimising the costs of certification;
(d) standards and norms that aim at improving the energy
efficiency of products and services, including buildings and
vehicles, except where these are mandatory and applicable
(c) allow obligated parties to count savings obtained in a given
in Member States under Union law;
year as if they had instead been obtained in any of the four
previous or three following years.
(e) energy labelling schemes, with the exception of those that
are mandatory and applicable in the Member States under
8. Once
a
year,
Member
States
shall
publish
the
energy
Union law;
savings achieved by each obligated party, or each sub-category
of obligated party, and in total under the scheme.
(f) training and education, including energy advisory
programmes, that lead to the application of energy-
Member States shall ensure that obligated parties provide on
efficient technology or techniques and have the effect of
request:
reducing end-use energy consumption.
(a) aggregated statistical information on their final customers
(identifying significant changes to previously submitted
Member States shall notify to the Commission, by 5 December
information); and
2013, the policy measures that they plan to adopt for the
purposes of the first subparagraph and Article 20(6),
following the framework provided in point 4 of Annex V,
(b) current information on final customers’ consumption,
and showing how they would achieve the required amount of
including, where applicable, load profiles, customer segmen
savings. In the case of the policy measures referred to in the
tation and geographical location of customers, while
second subparagraph and in Article 20(6), this notification shall
preserving the integrity and confidentiality of private or
demonstrate how the criteria in paragraph 10 are met. In the
commercially sensitive information in compliance with
case of policy measures other than those referred to in the
applicable Union law.
second subparagraph or in Article 20(6), Member States shall
explain how an equivalent level of savings, monitoring and
verification is achieved. The Commission may make suggestions
Such a request shall be made not more than once a year.
for modifications in the three months following notification.
9. As an alternative to setting up an energy efficiency
10. Without
prejudice
to
paragraph
11,
the
criteria
for
the
obligation scheme under paragraph 1, Member States may opt
policy measures taken pursuant to the second subparagraph of
to take other policy measures to achieve energy savings among
paragraph 9 and Article 20(6) shall be as follows:

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EN
14.11.2012 Official
Journal
of
the
European
Union L
315/17
(a) the policy measures provide for at least two intermediate
(a) carried out in an independent manner by qualified and/or
periods by 31 December 2020 and lead to the achievement
accredited experts according to qualification criteria; or
of the level of ambition set out in paragraph 1;
(b) the responsibility of each entrusted party, participating party
(b) implemented and supervised by independent authorities
or implementing public authority, whichever is relevant, is
under national legislation.
defined;
The energy audits referred to in the first subparagraph may be
(c) the energy savings that are to be achieved are determined in
carried out by in-house experts or energy auditors provided that
a transparent manner;
the Member State concerned has put in place a scheme to
assure and check their quality, including, if appropriate, an
(d) the amount of energy savings required or to be achieved by
annual random selection of at least a statistically significant
the policy measure are expressed in either final or primary
percentage of all the energy audits they carry out.
energy consumption, using the conversion factors set out in
Annex IV;
For the purpose of guaranteeing the high quality of the energy
(e) energy savings are calculated using the methods and prin
audits and energy management systems, Member States shall
ciples provided in points (1) and (2) of Annex V;
establish transparent and non-discriminatory minimum criteria
for energy audits based on Annex VI.
(f) energy savings are calculated using the methods and prin
ciples provided in point 3 of Annex V;
Energy audits shall not include clauses preventing the findings
of the audit from being transferred to any qualified/accredited
(g) an annual report of the energy savings achieved is provided
energy service provider, on condition that the customer does
by participating parties unless not feasible and made
not object.
publicly available;
(h) monitoring of the results is ensured and appropriate
2. Member
States
shall
develop
programmes
to
encourage
measures are envisaged if the progress is not satisfactory;
SMEs to undergo energy audits and the subsequent implemen
tation of the recommendations from these audits.
(i) a control system is put in place that also includes inde
pendent verification of a statistically significant proportion
On the basis of transparent and non-discriminatory criteria and
of the energy efficiency improvement measures; and
without prejudice to Union State aid law, Member States may
set up support schemes for SMEs, including if they have
(j) data on the annual trend of energy savings are published
concluded voluntary agreements, to cover costs of an energy
annually.
audit and of the implementation of highly cost-effective recom
mendations from the energy audits, if the proposed measures
11. Member States shall ensure that the taxes referred to in
are implemented.
point (a) of the second subparagraph of paragraph 9 comply
with the criteria listed in points (a), (b), (c), (d), (f), (h) and (j) of
paragraph 10.
Member States shall bring to the attention of SMEs, including
through their respective representative intermediary organi
sations, concrete examples of how energy management
Member States shall ensure that the regulations and voluntary
systems could help their businesses. The Commission shall
agreements referred to in point (c) of the second subparagraph
assist Member States by supporting the exchange of best
of paragraph 9 comply with the criteria listed in points (a), (b),
practices in this domain.
(c), (d), (e), (g), (h), (i) and (j) of paragraph 10.
Member States shall ensure that the other policy measures
3. Member
States
shall
also
develop
programmes
to
raise
referred to in the second subparagraph of paragraph 9 and
awareness among households about the benefits of such
the Energy Efficiency National Funds referred to in Article 20(6)
audits through appropriate advice services.
comply with the criteria listed in points (a), (b), (c), (d), (e), (h),
(i) and (j) of paragraph 10.
Member States shall encourage training programmes for the
12. Member States shall ensure that when the impact of
qualification of energy auditors in order to facilitate sufficient
policy measures or individual actions overlaps, no double
availability of experts.
counting of energy savings is made.
4. Member States shall ensure that enterprises that are not
Article 8
SMEs are subject to an energy audit carried out in an inde
Energy audits and energy management systems
pendent and cost-effective manner by qualified and/or
accredited experts or implemented and supervised by inde
1. Member
States
shall
promote
the
availability
to
all
final pendent authorities under national legislation by 5 December
customers of high quality energy audits which are cost-effective
2015 and at least every four years from the date of the previous
and:
energy audit.

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L 315/18
EN
Official Journal of the European Union
14.11.2012
5. Energy
audits
shall
be
considered
as
fulfilling
the 2. Where,
and
to
the
extent
that,
Member
States
implement
requirements of paragraph 4 when they are carried out in an
intelligent metering systems and roll out smart meters for
independent manner, on the basis of minimum criteria based
natural gas and/or electricity in accordance with Directives
on Annex VI, and implemented under voluntary agreements
2009/72/EC and 2009/73/EC:
concluded between organisations of stakeholders and an
appointed body and supervised by the Member State concerned,
or other bodies to which the competent authorities have
delegated the responsibility concerned, or by the Commission.
(a) they shall ensure that the metering systems provide to final
customers information on actual time of use and that the
objectives of energy efficiency and benefits for final
customers are fully taken into account when establishing
Access of market participants offering energy services shall be
the minimum functionalities of the meters and the
based on transparent and non-discriminatory criteria.
obligations imposed on market participants;
6. Enterprises that are not SMEs and that are implementing
an energy or environmental management system - certified by
(b) they shall ensure the security of the smart meters and data
an independent body according to the relevant European or
communication, and the privacy of final customers, in
International Standards - shall be exempted from the
compliance with relevant Union data protection and
requirements of paragraph 4, provided that Member States
privacy legislation;
ensure that the management system concerned includes an
energy audit on the basis of the minimum criteria based on
Annex VI.
(c) in the case of electricity and at the request of the final
customer, they shall require meter operators to ensure
that the meter or meters can account for electricity put
7. Energy
audits
may
stand
alone
or
be
part
of
a
broader
into the grid from the final customer’s premises;
environmental audit. Member States may require that an
assessment of the technical and economic feasibility of
connection to an existing or planned district heating or
cooling network shall be part of the energy audit.
(d) they shall ensure that if final customers request it, metering
data on their electricity input and off-take is made available
to them or to a third party acting on behalf of the final
Without prejudice to Union State aid law, Member States may
customer in an easily understandable format that they can
implement incentive and support schemes for the implemen
use to compare deals on a like-for-like basis;
tation of recommendations from energy audits and similar
measures.
(e) they shall require that appropriate advice and information
be given to customers at the time of installation of smart
Article 9
meters, in particular about their full potential with regard to
meter reading management and the monitoring of energy
Metering
consumption.
1. Member
States
shall
ensure
that,
in
so
far
as
it
is
tech
nically possible, financially reasonable and proportionate in
relation to the potential energy savings, final customers for
electricity, natural gas, district heating, district cooling and
3. Where heating and cooling or hot water are supplied to a
domestic hot water are provided with competitively priced indi
building from a district heating network or from a central
vidual meters that accurately reflect the final customer’s actual
source servicing multiple buildings, a heat or hot water meter
energy consumption and that provide information on actual
shall be installed at the heating exchanger or point of delivery.
time of use.
In multi-apartment and multi-purpose buildings with a central
Such a competitively priced individual meter shall always be
heating/cooling source or supplied from a district heating
provided when:
network or from a central source serving multiple buildings,
individual consumption meters shall also be installed by
31 December 2016 to measure the consumption of heat or
(a) an existing meter is replaced, unless this is technically
cooling or hot water for each unit where technically feasible
impossible or not cost-effective in relation to the
and cost-efficient. Where the use of individual meters is not
estimated potential savings in the long term;
technically feasible or not cost-efficient, to measure heating,
individual heat cost allocators shall be used for measuring
heat consumption at each radiator, unless it is shown by the
Member State in question that the installation of such heat cost
(b) a new connection is made in a new building or a building
allocators would not be cost-efficient. In those cases, alternative
undergoes major renovations, as set out in Directive
cost-efficient methods of heat consumption measurement may
2010/31/EU.
be considered.

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EN
14.11.2012 Official
Journal
of
the
European
Union L
315/19
Where multi-apartment buildings are supplied from district
3. Independently
of
whether
smart
meters
have
been
heating or cooling, or where own common heating or
installed or not, Member States:
cooling systems for such buildings are prevalent, Member
States may introduce transparent rules on the allocation of
the cost of thermal or hot water consumption in such
(a) shall require that, to the extent that information on the
buildings to ensure transparency and accuracy of accounting
energy billing and historical consumption of final
for individual consumption. Where appropriate, such rules
customers is available, it be made available, at the request
shall include guidelines on the way to allocate costs for heat
of the final customer, to an energy service provider
and/or hot water that is used as follows:
designated by the final customer;
(a) hot water for domestic needs;
(b) shall ensure that final customers are offered the option of
electronic billing information and bills and that they receive,
on request, a clear and understandable explanation of how
(b) heat radiated from the building installation and for the
their bill was derived, especially where bills are not based on
purpose of heating the common areas (where staircases
actual consumption;
and corridors are equipped with radiators);
(c) for the purpose of heating apartments.
(c) shall ensure that appropriate information is made available
with the bill to provide final customers with a compre
hensive account of current energy costs, in accordance
Article 10
with Annex VII;
Billing information
1. Where
final
customers
do
not
have
smart
meters
as (d) may lay down that, at the request of the final customer, the
referred to in Directives 2009/72/EC and 2009/73/EC,
information contained in these bills shall not be considered
Member States shall ensure, by 31 December 2014, that
to constitute a request for payment. In such cases, Member
billing information is accurate and based on actual
States shall ensure that suppliers of energy sources offer
consumption, in accordance with point 1.1 of Annex VII, for
flexible arrangements for actual payments;
all the sectors covered by this Directive, including energy
distributors, distribution system operators and retail energy
sales companies, where this is technically possible and econ
(e) shall require that information and estimates for energy costs
omically justified.
are provided to consumers on demand in a timely manner
and in an easily understandable format enabling consumers
to compare deals on a like-for-like basis.
This obligation may be fulfilled by a system of regular self-
reading by the final customers whereby they communicate
readings from their meter to the energy supplier. Only when
Article 11
the final customer has not provided a meter reading for a given
billing interval shall billing be based on estimated consumption
Cost of access to metering and billing information
or a flat rate.
1. Member States shall ensure that final customers receive all
their bills and billing information for energy consumption free
of charge and that final customers also have access to their
2. Meters
installed
in
accordance
with
Directives
2009/72/EC
consumption data in an appropriate way and free of charge.
and 2009/73/EC shall enable accurate billing information based
on actual consumption. Member States shall ensure that final
customers have the possibility of easy access to complementary
2. Notwithstanding
paragraph
1,
the
distribution
of
costs
of
information on historical consumption allowing detailed self-
billing information for the individual consumption of heating
checks.
and cooling in multi-apartment and multi-purpose buildings
pursuant to Article 9(3) shall be carried out on a non-profit
Complementary information on historical consumption shall
basis. Costs resulting from the assignment of this task to a third
include:
party, such as a service provider or the local energy supplier,
covering the measuring, allocation and accounting for actual
individual consumption in such buildings, may be passed
(a) cumulative data for at least the three previous years or the
onto the final customers to the extent that such costs are
period since the start of the supply contract if this is
reasonable.
shorter. The data shall correspond to the intervals for
which frequent billing information has been produced; and
Article 12
Consumer information and empowering programme
(b) detailed data according to the time of use for any day, week,
month and year. These data shall be made available to the
1. Member States shall
take appropriate
measures
to
final customer via the internet or the meter interface for the
promote and facilitate an efficient use of energy by small
period of at least the previous 24 months or the period
energy customers, including domestic customers. These
since the start of the supply contract if this is shorter.
measures may be part of a national strategy.

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L 315/20
EN
Official Journal of the European Union
14.11.2012
2. For
the
purposes
of
paragraph
1,
these
measures
shall At the request of the Commission, the assessment shall be
include one or more of the elements listed under point (a) or
updated and notified to the Commission every five years. The
(b):
Commission shall make any such request at least one year
before the due date.
(a) a range of instruments and policies to promote behavioural
change which may include:
2. Member
States
shall
adopt
policies
which
encourage
the
due taking into account at local and regional levels of the
(i) fiscal incentives;
potential of using efficient heating and cooling systems, in
particular those using high-efficiency cogeneration. Account
shall be taken of the potential for developing local and
(ii) access to finance, grants or subsidies;
regional heat markets.
(iii) information provision;
3.
For the purpose of the assessment referred to in paragraph
1, Member States shall carry out a cost-benefit analysis covering
(iv) exemplary projects;
their territory based on climate conditions, economic feasibility
and technical suitability in accordance with Part 1 of Annex IX.
The cost-benefit analysis shall be capable of facilitating the
(v) workplace activities;
identification of the most resource-and cost-efficient solutions
to meeting heating and cooling needs. That cost-benefit analysis
may be part of an environmental assessment under Directive
(b) ways and means to engage consumers and consumer
2001/42/EC of the European Parliament and of the Council of
organisations during the possible roll-out of smart meters
27 June 2001 on the assessment of the effects of certain plans
through communication of:
and programmes on the environment ( 1 ).
(i) cost-effective and easy-to-achieve changes in energy use;
4. Where
the
assessment
referred
to
in
paragraph
1
and
the
analysis referred to in paragraph 3 identify a potential for the
(ii) information on energy efficiency measures.
application of high-efficiency cogeneration and/or efficient
district heating and cooling whose benefits exceed the costs,
Member States shall take adequate measures for efficient
Article 13
district heating and cooling infrastructure to be developed
and/or to accommodate the development of high-efficiency
Penalties
cogeneration and the use of heating and cooling from waste
Member States shall lay down the rules on penalties applicable
heat and renewable energy sources in accordance with para
in case of non-compliance with the national provisions adopted
graphs 1, 5, and 7.
pursuant to Articles 7 to 11 and Article 18(3) and shall take the
necessary measures to ensure that they are implemented. The
penalties provided for shall be effective, proportionate and
dissuasive. Member States shall notify those provisions to the
Where the assessment referred to in paragraph 1 and the
Commission by 5 June 2014 and shall notify it without delay
analysis referred to in paragraph 3 do not identify a potential
of any subsequent amendment affecting them.
whose benefits exceed the costs, including the administrative
costs of carrying out the cost-benefit analysis referred to in
paragraph 5, the Member State concerned may exempt instal
CHAPTER III
lations from the requirements laid down in that paragraph.
EFFICIENCY IN ENERGY SUPPLY
Article 14
5. Member
States
shall
ensure
that
a
cost-benefit
analysis
in
Promotion of efficiency in heating and cooling
accordance with Part 2 of Annex IX is carried out when, after
1. By
31
December
2015,
Member
States
shall
carry
out
and 5 June 2014:
notify to the Commission a comprehensive assessment of the
potential for the application of high-efficiency cogeneration and
efficient district heating and cooling, containing the information
set out in Annex VIII. If they have already carried out an
(a) a new thermal electricity generation installation with a total
equivalent assessment, they shall notify it to the Commission.
thermal input exceeding 20 MW is planned, in order to
assess the cost and benefits of providing for the operation
of the installation as a high-efficiency cogeneration instal
The comprehensive assessment shall take full account of the
lation;
analysis of the national potentials for high-efficiency cogen
eration carried out under Directive 2004/8/EC.
( 1 ) OJ L 197, 21.7.2001, p. 30.

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(b) an existing thermal electricity generation installation with a
7. Member
States
shall
adopt
authorisation
criteria
as
referred
total thermal input exceeding 20 MW is substantially refur
to in Article 7 of Directive 2009/72/EC, or equivalent permit
bished, in order to assess the cost and benefits of converting
criteria, to:
it to high-efficiency cogeneration;
(c) an industrial installation with a total thermal input
(a) take into account the outcome of the comprehensive
exceeding 20 MW generating waste heat at a useful
assessment referred to in paragraph 1;
temperature level is planned or substantially refurbished,
in order to assess the cost and benefits of utilising the
waste heat to satisfy economically justified demand,
including through cogeneration, and of the connection of
(b) ensure that the requirements of paragraph 5 are fulfilled;
that installation to a district heating and cooling network;
and
(d) a new district heating and cooling network is planned or in
an existing district heating or cooling network a new energy
(c) take into account the outcome of cost-benefit analysis
production installation with a total thermal input exceeding
referred to in paragraph 5.
20 MW is planned or an existing such installation is to be
substantially refurbished, in order to assess the cost and
benefits of utilising the waste heat from nearby industrial
installations.
8. Member
States
may
exempt
individual
installations
from
being required, by the authorisation and permit criteria referred
to in paragraph 7, to implement options whose benefits exceed
The fitting of equipment to capture carbon dioxide produced by
their costs, if there are imperative reasons of law, ownership or
a combustion installation with a view to its being geologically
finance for so doing. In these cases the Member State concerned
stored as provided for in Directive 2009/31/EC shall not be
shall submit a reasoned notification of its decision to the
considered as refurbishment for the purpose of points (b), (c)
Commission within three months of the date of taking it.
and (d) of this paragraph.
Member States may require the cost-benefit analysis referred to
9. Paragraphs 5, 6, 7 and 8 of this Article shall apply to
in points (c) and (d) to be carried out in cooperation with the
installations covered by Directive 2010/75/EU without prejudice
companies responsible for the operation of the district heating
to the requirements of that Directive.
and cooling networks.
6. Member
States
may
exempt
from
paragraph
5:
10. On the basis of the harmonised efficiency reference
values referred to in point (f) of Annex II, Member States
shall ensure that the origin of electricity produced from high-
efficiency cogeneration can be guaranteed according to
(a) those peak load and back-up electricity generating instal
objective, transparent and non-discriminatory criteria laid
lations which are planned to operate under 1
500
down by each Member State. They shall ensure that this
operating hours per year as a rolling average over a
guarantee of origin complies with the requirements and
period of five years, based on a verification procedure estab
contains at least the information specified in Annex X.
lished by the Member States ensuring that this exemption
Member States shall mutually recognise their guarantees of
criterion is met;
origin, exclusively as proof of the information referred to in
this paragraph. Any refusal to recognise a guarantee of origin
as such proof, in particular for reasons relating to the
(b) nuclear power installations;
prevention of fraud, must be based on objective, transparent
and non-discriminatory criteria. Member States shall notify the
Commission of such refusal and its justification. In the event of
(c) installations that need to be located close to a geological
refusal to recognise a guarantee of origin, the Commission may
storage site approved under Directive 2009/31/EC.
adopt a decision to compel the refusing party to recognise it, in
particular with regard to objective, transparent and non-
discriminatory criteria on which such recognition is based.
Member States may also lay down thresholds, expressed in
terms of the amount of available useful waste heat, the
demand for heat or the distances between industrial installations
and district heating networks, for exempting individual instal
The Commission shall be empowered to review, by means of
lations from the provisions of points (c) and (d) of paragraph 5.
delegated acts in accordance with Article 23 of this Directive,
the harmonised efficiency reference values laid down in
Commission Implementing Decision 2011/877/EU ( 1 ) on the
Member States shall notify exemptions adopted under this
basis of Directive 2004/8/EC by 31 December 2014.
paragraph to the Commission by 31 December 2013 and any
subsequent changes to them thereafter.
( 1 ) OJ L 343, 23.12.2011, p. 91.

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Official Journal of the European Union
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11.
Member States shall ensure that any available support for
minimum necessary and are not disproportionate to the social
cogeneration is subject to the electricity produced originating
aim.
from high-efficiency cogeneration and the waste heat being
effectively used to achieve primary energy savings. Public
support to cogeneration and district heating generation and
networks shall be subject to State aid rules, where applicable.
4. Member
States
shall
ensure
the
removal
of
those
incentives in transmission and distribution tariffs that are detri
mental to the overall efficiency (including energy efficiency) of
the generation, transmission, distribution and supply of elec
Article 15
tricity or those that might hamper participation of demand
Energy transformation, transmission and distribution
response, in balancing markets and ancillary services
procurement. Member States shall ensure that network
1. Member
States
shall
ensure
that
national
energy
regulatory operators are incentivised to improve efficiency in infrastructure
authorities pay due regard to energy efficiency in carrying out
design and operation, and, within the framework of Directive
the regulatory tasks specified in Directives 2009/72/EC and
2009/72/EC, that tariffs allow suppliers to improve consumer
2009/73/EC regarding their decisions on the operation of the
participation in system efficiency, including demand response,
gas and electricity infrastructure.
depending on national circumstances.
Member States shall in particular ensure that national energy
5. Without prejudice to Article 16(2) of Directive
regulatory authorities, through the development of network
2009/28/EC and taking into account Article 15 of Directive
tariffs and regulations, within the framework of Directive
2009/72/EC and the need to ensure continuity in heat supply,
2009/72/EC and taking into account the costs and benefits of
Member States shall ensure that, subject to requirements relating
each measure, provide incentives for grid operators to make
to the maintenance of the reliability and safety of the grid,
available system services to network users permitting them to
based on transparent and non-discriminatory criteria set by
implement energy efficiency improvement measures in the
the competent national authorities, transmission system
context of the continuing deployment of smart grids.
operators and distribution system operators when they are in
charge of dispatching the generating installations in their
territory:
Such systems services may be determined by the system
operator and shall not adversely impact the security of the
system.
(a) guarantee the transmission and distribution of electricity
from high-efficiency cogeneration;
For electricity, Member States shall ensure that network regu
lation and network tariffs fulfil the criteria in Annex XI, taking
into account guidelines and codes developed pursuant to Regu
(b) provide priority or guaranteed access to the grid of elec
lation (EC) No 714/2009.
tricity from high-efficiency cogeneration;
2. Member
States
shall
ensure,
by
30
June
2015,
that:
(c) when dispatching electricity generating installations, provide
priority dispatch of electricity from high-efficiency cogen
eration in so far as the secure operation of the national
electricity system permits.
(a) an assessment is undertaken of the energy efficiency
potentials of their gas and electricity infrastructure, in
particular regarding transmission, distribution, load
management and interoperability, and connection to
energy generating installations, including access possibilities
Member States shall ensure that rules relating to the ranking of
for micro energy generators;
the different access and dispatch priorities granted in their elec
tricity systems are clearly explained in detail and published.
When providing priority access or dispatch for high-efficiency
cogeneration, Member States may set rankings as between, and
(b) concrete measures and investments are identified for the
within different types of, renewable energy and high-efficiency
introduction of cost-effective energy efficiency cogeneration and shall in any case ensure that priority access or
improvements in the network infrastructure, with a
dispatch for energy from variable renewable energy sources is
timetable for their introduction.
not hampered.
3. Member
States
may
permit
components
of
schemes
and
In addition to the obligations laid down by the first subpara
tariff structures with a social aim for net-bound energy trans
graph, transmission system operators and distribution system
mission and distribution, provided that any disruptive effects on
operators shall comply with the requirements set out in
the transmission and distribution system are kept to the
Annex XII.

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Union L
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Member States may particularly facilitate the connection to the
installations undertaking the combustion of fuels with total
grid system of electricity produced from high-efficiency cogen
rated thermal input of 50 MW or more in the light of the
eration from small-scale and micro-cogeneration units. Member
relevant best available techniques developed in accordance
States shall, where appropriate, take steps to encourage network
with Directive 2010/75/EU and Directive 2008/1/EC of the
operators to adopt a simple notification ‘install and inform’
European Parliament and of the Council of 15 January 2008
process for the installation of micro-cogeneration units to
concerning integrated pollution prevention and control ( 1 ).
simplify and shorten authorisation procedures for individual
citizens and installers.
Member States may encourage operators of installations referred
to in the first subparagraph to improve their annual average net
6. Subject to the requirements relating to the maintenance of
operational rates.
the reliability and safety of the grid, Member States shall take
the appropriate steps to ensure that, where this is technically
and economically feasible with the mode of operation of the
CHAPTER IV
high-efficiency cogeneration installation, high-efficiency cogen
HORIZONTAL PROVISIONS
eration operators can offer balancing services and other oper
ational services at the level of transmission system operators or
Article 16
distribution system operators. Transmission system operators
and distribution system operators shall ensure that such
Availability of qualification, accreditation and certification
services are part of a services bidding process which is trans
schemes
parent, non-discriminatory and open to scrutiny.
1. Where a Member State considers that the national level of
technical competence, objectivity and reliability is insufficient, it
shall ensure that, by 31 December 2014, certification and/or
Where appropriate, Member States may require transmission
accreditation schemes and/or equivalent qualification schemes,
system operators and distribution system operators to
including, where necessary, suitable training programmes,
encourage high-efficiency cogeneration to be sited close to
become or are available for providers of energy services,
areas of demand by reducing the connection and use-of-
energy audits, energy managers and installers of energy-related
system charges.
building elements as defined in Article 2(9) of Directive
2010/31/EU.
7. Member
States
may
allow
producers
of
electricity
from
high-efficiency cogeneration wishing to be connected to the
2. Member
States
shall
ensure
that
the
schemes
referred
to
in
grid to issue a call for tender for the connection work.
paragraph 1 provide transparency to consumers, are reliable and
contribute to national energy efficiency objectives.
8. Member
States
shall
ensure
that
national
energy
regulatory 3. Member
States
shall
make
publicly
available
the
certifi
authorities encourage demand side resources, such as demand
cation and/or accreditation schemes or equivalent qualification
response, to participate alongside supply in wholesale and retail
schemes referred to in paragraph 1 and shall cooperate among
markets.
themselves and with the Commission on comparisons between,
and recognition of, the schemes.
Subject to technical constraints inherent in managing networks,
Member States shall ensure that transmission system operators
Member States shall take appropriate measures to make
and distribution system operators, in meeting requirements for
consumers aware of the availability of qualification and/or
balancing and ancillary services, treat demand response
certification schemes in accordance with Article 18(1).
providers, including aggregators, in a non-discriminatory
manner, on the basis of their technical capabilities.
Article 17
Subject to technical constraints inherent in managing networks,
Information and training
Member States shall promote access to and participation of
1. Member
States
shall
ensure
that
information
on
available
demand response in balancing, reserve and other system
energy efficiency mechanisms and financial and legal
services markets, inter alia by requiring national energy regu
frameworks is transparent and widely disseminated to all
latory authorities or, where their national regulatory systems so
relevant market actors, such as consumers, builders, architects,
require, transmission system operators and distribution system
engineers, environmental and energy auditors, and installers of
operators in close cooperation with demand service providers
building elements as defined in Directive 2010/31/EU.
and consumers, to define technical modalities for participation
in these markets on the basis of the technical requirements of
these markets and the capabilities of demand response. Such
Member States shall encourage the provision of information to
specifications shall include the participation of aggregators.
banks and other financial institutions on possibilities of partici
pating, including through the creation of public/private partner
ships, in the financing of energy efficiency improvement
9. When
reporting
under
Directive
2010/75/EU,
and
without measures.
prejudice to Article 9(2) of that Directive, Member States shall
consider including information on energy efficiency levels of
( 1 ) OJ L 24, 29.1.2008, p. 8.

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2. Member States shall establish appropriate conditions for
(e) providing a qualitative review in the framework of the
market operators to provide adequate and targeted information
National Energy Efficiency Action Plan regarding the
and advice to energy consumers on energy efficiency.
current and future development of the energy services
market.
3. The
Commission
shall
review
the
impact
of
its
measures
to support the development of platforms, involving, inter alia,
the European social dialogue bodies in fostering training
2. Member
States
shall
support
the
proper
functioning
of
the
programmes for energy efficiency, and shall bring forward
energy services market, where appropriate, by:
further measures if appropriate. The Commission shall
encourage European social partners in their discussions on
energy efficiency.
(a) identifying and publicising point(s) of contact where final
customers can obtain the information referred to in
paragraph 1;
4. Member
States
shall,
with
the
participation
of
stake
holders, including local and regional authorities, promote
suitable information, awareness-raising and training initiatives
to inform citizens of the benefits and practicalities of taking
(b) taking, if necessary, measures to remove the regulatory and
energy efficiency improvement measures.
non-regulatory barriers that impede the uptake of energy
performance contracting and other energy efficiency
service models for the identification and/or implementation
5. The
Commission
shall
encourage
the
exchange
and
wide
of energy saving measures;
dissemination of information on best energy efficiency practices
in Member States.
(c) considering putting in place or assigning the role of an
Article 18
independent mechanism, such as an ombudsman, to
ensure the efficient handling of complaints and out-of-
Energy services
court settlement of disputes arising from energy service
1. Member
States
shall
promote
the
energy
services
market
contracts;
and access for SMEs to this market by:
(d) enabling independent market intermediaries to play a role in
(a) disseminating clear and easily accessible information on:
stimulating market development on the demand and supply
sides.
(i) available energy service contracts and clauses that
should be included in such contracts to guarantee
energy savings and final customers’ rights;
3. Member States shall ensure that energy distributors,
distribution system operators and retail energy sales
companies refrain from any activities that may impede the
(ii) financial instruments, incentives, grants and loans to
demand for and delivery of energy services or other energy
support energy efficiency service projects;
efficiency improvement measures, or hinder the development
of markets for such services or measures, including foreclosing
the market for competitors or abusing dominant positions.
(b) encouraging the development of quality labels, inter alia, by
trade associations;
Article 19
(c) making publicly available and regularly updating a list of
Other measures to promote energy efficiency
available energy service providers who are qualified and/or
certified and their qualifications and/or certifications in
1. Member
States
shall
evaluate
and
if
necessary
take
appro
accordance with Article 16, or providing an interface
priate measures to remove regulatory and non-regulatory
where energy service providers can provide information;
barriers to energy efficiency, without prejudice to the basic
principles of the property and tenancy law of the Member
States, in particular as regards:
(d) supporting the public sector in taking up energy service
offers, in particular for building refurbishment, by:
(a) the split of incentives between the owner and the tenant of
(i) providing model contracts for energy performance
a building or among owners, with a view to ensuring that
contracting which include at least the items listed in
these parties are not deterred from making efficiency-
Annex XIII;
improving investments that they would otherwise have
made by the fact that they will not individually obtain the
full benefits or by the absence of rules for dividing the costs
(ii) providing information on best practices for energy
and benefits between them, including national rules and
performance contracting, including, if available, cost-
measures regulating decision- making processes in multi-
benefit analysis using a life-cycle approach;
owner properties;

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(b) legal and regulatory provisions, and administrative practices,
annually to the Energy Efficiency National Fund an amount
regarding public purchasing and annual budgeting and
equal to the investments required to achieve those obligations.
accounting, with a view to ensuring that individual public
bodies are not deterred from making investments in
improving energy efficiency and minimising expected life-
cycle costs and from using energy performance contracting
7. Member
States
may
use
their
revenues
from
annual
and other third-party financing mechanisms on a long-term
emission allocations under Decision No 406/2009/EC for the
contractual basis.
development of innovative financing mechanisms to give
practical effect to the objective in Article 5 of improving the
energy performance of buildings.
Such measures to remove barriers may include providing incen
tives, repealing or amending legal or regulatory provisions, or
adopting guidelines and interpretative communications, or
simplifying administrative procedures. The measures may be
Article 21
combined with the provision of education, training and
Conversion factors
specific information and technical assistance on energy effi
ciency.
For the purpose of comparison of energy savings and
conversion to a comparable unit, the conversion factors set
out in Annex IV shall apply unless the use of other conversion
factors can be justified.
2. The
evaluation
of
barriers
and
measures
referred
to
in
paragraph 1 shall be notified to the Commission in the first
National Energy Efficiency Action Plan referred to in
Article 24(2). The Commission shall encourage the sharing of
CHAPTER V
national best practices in this regard.
FINAL PROVISIONS
Article 22
Article 20
Delegated acts
Energy Efficiency National Fund, Financing and Technical
Support
1. The
Commission
shall
be
empowered
to
adopt
delegated
acts in accordance with Article 23 to review the harmonised
1. Without prejudice to Articles 107 and 108 of the Treaty
efficiency reference values referred to in the second
on the Functioning of the European Union, Member States shall
subparagraph of Article 14(10).
facilitate the establishment of financing facilities, or use of
existing ones, for energy efficiency improvement measures to
maximise the benefits of multiple streams of financing.
2. The
Commission
shall
be
empowered
to
adopt
delegated
acts in accordance with Article 23 to adapt to technical
2. The
Commission
shall,
where
appropriate,
directly
or
via progress the values, calculation methods, default primary
the European financial institutions, assist Member States in
energy coefficient and requirements in Annexes I, II, III, IV, V,
setting up financing facilities and technical support schemes
VII, VIII, IX, X and XII.
with the aim of increasing energy efficiency in different sectors.
Article 23
3. The
Commission
shall
facilitate
the
exchange
of
best
practice between the competent national or regional authorities
Exercise of the delegation
or bodies, e.g. through annual meetings of the regulatory
1. The
power
to
adopt
delegated
acts
is
conferred
on
the
bodies, public databases with information on the implemen
Commission subject to the conditions laid down in this Article.
tation of measures by Member States, and country comparison.
4. Member
States
may
set
up
an
Energy
Efficiency
National 2.
The power to adopt delegated acts referred to in Article 22
Fund. The purpose of this fund shall be to support national
shall be conferred on the Commission for a period of five years
energy efficiency initiatives.
from 4 December 2012.
5. Member
States
may
allow
for
the
obligations
set
out
in
3. The
delegation
of
power
referred
to
in
Article
22
may
be
Article 5(1) to be fulfilled by annual contributions to the Energy
revoked at any time by the European Parliament or by the
Efficiency National Fund of an amount equal to the investments
Council. A decision to revoke shall put an end to the delegation
required to achieve those obligations.
of the power specified in that decision. It shall take effect the
day following the publication of the decision in the Official
Journal of the European Union or at a later date specified
6. Member
States
may
provide
that
obligated
parties
can therein. It shall not affect the validity of any delegated acts
fulfil their obligations set out in Article 7(1) by contributing
already in force.

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L 315/26
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Official Journal of the European Union
14.11.2012
4. As
soon
as
it
adopts
a
delegated
act,
the
Commission
shall 4. The
Commission
shall
monitor
the
impact
of
imple
notify it simultaneously to the European Parliament and to the
menting this Directive on Directives 2003/87/EC, 2009/28/EC
Council.
and 2010/31/EU and Decision No 406/2009/EC, and on
industry sectors, in particular those that are exposed to a
significant risk of carbon leakage as determined in Decision
2010/2/EU.
5. A
delegated
act
adopted
pursuant
to
Article
22
shall
enter
into force only if no objection has been expressed either by the
European Parliament or the Council within a period of two
months of notification of that act to the European Parliament
5. The
Commission
shall
review
the
continued
need
for
the
and the Council or if, before the expiry of that period, the
possibility of exemptions set out in Article 14(6) for the first
European Parliament and the Council have both informed the
time in the assessment of the first National Energy Efficiency
Commission that they will not object. That period shall be
Action Plan and every three years thereafter. Where the review
extended by two months at the initiative of the European
shows that any of the criteria for these exemptions can no
Parliament or of the Council.
longer be justified taking into account the availability of heat
load and the real operating conditions of the exempted instal
lations, the Commission shall propose appropriate measures.
Article 24
Review and monitoring of implementation
6. Member
States
shall
submit
to
the
Commission
before
30
April each year statistics on national electricity and heat
1. By
30
April
each
year
as
from
2013,
Member
States
shall production from high and low efficiency cogeneration, in
report on the progress achieved towards national energy effi
accordance with the methodology shown in Annex I, in
ciency targets, in accordance with Part 1 of Annex XIV. The
relation to total heat and electricity production. They shall
report may form part of the National Reform Programmes
also submit annual statistics on cogeneration heat and electricity
referred to in Council Recommendation 2010/410/EU of
capacities and fuels for cogeneration, and on district heating and
13 July 2010 on broad guidelines for the economic policies
cooling production and capacities, in relation to total heat and
of the Member States and of the Union ( 1 ).
electricity production and capacities. Member States shall submit
statistics on primary energy savings achieved by application of
cogeneration in accordance with the methodology shown in
Annex II.
2. By
30
April
2014,
and
every
three
years
thereafter,
Member States shall submit National Energy Efficiency Action
Plans. The National Energy Efficiency Action Plans shall cover
7. By
30
June
2014
the
Commission
shall
submit
the
significant energy efficiency improvement measures and
assessment referred to in Article 3(2) to the European
expected and/ or achieved energy savings, including those in
Parliament and to the Council, accompanied, if necessary, by
the supply, transmission and distribution of energy as well as
proposals for further measures.
energy end-use, in view of achieving the national energy effi
ciency targets referred to in Article 3(1). The National Energy
Efficiency Action Plans shall be complemented with updated
estimates of expected overall primary energy consumption in
8. The
Commission
shall
review
the
effectiveness
of
the
2020, as well as estimated levels of primary energy
implementation of Article 6 by 5 December 2015, taking
consumption in the sectors indicated in Part 1 of Annex XIV.
into account the requirements laid down in Directive
2004/18/EC and shall submit a report to the European
Parliament and the Council. That report shall be accompanied,
if appropriate, by proposals for further measures.
The Commission shall, by 31 December 2012, provide a
template as guidance for the National Energy Efficiency
Action Plans. That template shall be adopted in accordance
with the advisory procedure referred to in Article 26(2). The
9. By
30
June
2016,
the
Commission
shall
submit
a
report
National Energy Efficiency Action Plans shall in any case include
to the European Parliament and the Council on the implemen
the information specified in Annex XIV.
tation of Article 7. That report shall be accompanied, if appro
priate, by a legislative proposal for one or more of the
following purposes:
3. The
Commission
shall
evaluate
the
annual
reports
and
the
National Energy Efficiency Action Plans and assess the extent to
(a) to change the final date laid down in Article 7(1);
which Member States have made progress towards the
achievement of the national energy efficiency targets required
by Article 3(1) and towards the implementation of this
Directive. The Commission shall send its assessment to the
(b) to review the requirements laid down in Article 7(1), (2) and
European Parliament and the Council. Based on its assessment
(3);
of the reports and the National Energy Efficiency Action Plans,
the Commission may issue recommendations to Member States.
(c) to establish additional common requirements, in particular
( 1 ) OJ L 191, 23.7.2010, p. 28.
as regards the matters referred to in Article 7(7).

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10. By
30
June
2018,
the
Commission
shall
assess
the (1) the following recital is inserted:
progress made by Member States in removing the regulatory
and non-regulatory barriers referred to in Article 19(1). This
assessment shall be followed, if appropriate, by proposals for
‘(35a) Directive
2010/31/EU
of
the
European
Parliament
further measures.
and of the Council of 19 May 2010 on the energy
performance of buildings
(*) requires Member
States to set energy performance requirements for
11. The
Commission
shall
make
the
reports
referred
to
in
building elements that form part of the building
paragraphs 1 and 2 publicly available.
envelope and system requirements in respect of the
overall energy performance, the proper installation,
and the appropriate dimensioning, adjustment and
control of the technical building systems which are
Article 25
installed in existing buildings. It is consistent with
the objectives of this Directive that these
Online platform
requirements may in certain circumstances limit
The Commission shall establish an online platform in order to
the installation of energy-related products which
foster the practical implementation of this Directive at national,
comply with this Directive and its implementing
regional and local levels. That platform shall support the
measures, provided that such requirements do
exchange of experiences on practices, benchmarking,
not constitute an unjustifiable market barrier.
networking activities, as well as innovative practices.
___________
(*) OJ L 153, 18.6.2010, p. 13.’;
Article 26
Committee procedure
1. The
Commission
shall
be
assisted
by
a
committee.
That (2) the following sentence is added to the end of Article 6(1):
committee shall be a committee within the meaning of Regu
lation (EU) No 182/2011.
‘This shall be without prejudice to the energy performance
requirements and system requirements set by Member States
in accordance with Article 4(1) and Article 8 of Directive
2. Where
reference
is
made
to
this
paragraph,
Article
4
of
2010/31/EU.’.
Regulation (EU) No 182/2011 shall apply.
Article 28
Article 27
Transposition
Amendments and repeals
1. Member
States
shall
bring
into
force
the
laws,
regulations
1. Directive
2006/32/EC
is
repealed
from
5
June
2014, and administrative provisions necessary to comply with this
except for Article 4(1) to (4) thereof and Annexes I, III and
Directive by 5 June 2014.
IV thereto, without prejudice to the obligations of the Member
States relating to the time-limit for its transposition into
national law. Article 4(1) to (4) of, and Annexes I, III and IV
Notwithstanding the first subparagraph, Member States shall
to Directive 2006/32/EC shall be repealed with effect from
bring into force the laws, regulations and administrative
1 January 2017.
provisions necessary to comply with Article 4, the first
subparagraph of Article 5(1), Article 5(5), Article 5(6), the last
subparagraph of Article 7(9), Article 14(6), Article 19(2),
Article 24(1) and Article 24(2) and point (4) of Annex V by
Directive 2004/8/EC is repealed from 5 June 2014, without
the dates specified therein.
prejudice to the obligations of the Member States relating to
the time-limit for its transposition into national law.
They shall forthwith communicate to the Commission the text
of those provisions.
References to Directives 2006/32/EC and 2004/8/EC shall be
construed as references to this Directive and shall be read in
accordance with the correlation table set out in Annex XV.
When Member States adopt those provisions, they shall contain
a reference to this Directive or be accompanied by such a
reference on the occasion of their official publication. Member
2. Article
9(1)
and
(2)
of
Directive
2010/30/EU
is
deleted States shall determine how such reference is to be made.
from 5 June 2014.
2. Member
States
shall
communicate
to
the
Commission
the
text of the main provisions of national law which they adopt in
3. Directive
2009/125/EC
is
amended
as
follows:
the field covered by this Directive.

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Official Journal of the European Union
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Article 29
Entry into force
This Directive shall enter into force on the twentieth day following that of its publication in the Official
Journal of the European Union.
Article 30
Addressees
This Directive is addressed to the Member States.
Done at Strasbourg, 25 October 2012.
For the European Parliament
For the Council
The President
The President
M. SCHULZ
A. D. MAVROYIANNIS

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EN
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Journal
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the
European
Union L
315/29
ANNEX I
GENERAL PRINCIPLES FOR THE CALCULATION OF ELECTRICITY FROM COGENERATION
Part I
General principles
Values used for calculation of electricity from cogeneration shall be determined on the basis of the expected or actual
operation of the unit under normal conditions of use. For micro- cogeneration units the calculation may be based on
certified values.
(a) Electricity production from cogeneration shall be considered equal to total annual electricity production of the unit
measured at the outlet of the main generators;
(i) in cogeneration units of types (b), (d), (e), (f), (g) and (h) referred to in Part II with an annual overall efficiency set
by Member States at a level of at least 75 %, and
(ii) in cogeneration units of types (a) and (c) referred to in Part II with an annual overall efficiency set by Member
States at a level of at least 80 %.
(b) In cogeneration units with an annual overall efficiency below the value referred to in point (i) of point (a) (cogen
eration units of types (b), (d), (e), (f), (g), and (h) referred to in Part II) or with an annual overall efficiency below the
value referred to in point (ii) of point (a) (cogeneration units of types (a) and (c) referred to in Part II) cogeneration is
calculated according to the following formula:
E CHP =H CHP *C
where:
E CHP is the amount of electricity from cogeneration;
C is the power-to-heat ratio;
H CHP is the amount of useful heat from cogeneration (calculated for this purpose as total heat production minus any
heat produced in separate boilers or by live steam extraction from the steam generator before the turbine).
The calculation of electricity from cogeneration must be based on the actual power-to-heat ratio. If the actual power-
to-heat ratio of a cogeneration unit is not known, the following default values may be used, in particular for statistical
purposes, for units of types (a), (b), (c), (d) and (e) referred to in Part II provided that the calculated cogeneration
electricity is less or equal to total electricity production of the unit:
Type of the unit Default
power
to
heat
ratio,
C
Combined cycle gas turbine
0,95
with heat recovery
Steam back pressure turbine 0,45
Steam condensing extraction
0,45
turbine
Gas turbine with heat
0,55
recovery
Internal combustion engine 0,75
If Member States introduce default values for power-to-heat ratios for units of types (f), (g), (h), (i), (j) and (k) referred
to in Part II, such default values shall be published and shall be notified to the Commission.
(c) If a share of the energy content of the fuel input to the cogeneration process is recovered in chemicals and recycled
this share can be subtracted from the fuel input before calculating the overall efficiency used in points (a) and (b).
(d) Member States may determine the power-to-heat ratio as the ratio of electricity to useful heat when operating in
cogeneration mode at a lower capacity using operational data of the specific unit.
(e) Member States may use other reporting periods than one year for the purpose of the calculations according to points
(a) and (b).

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L 315/30
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Official Journal of the European Union
14.11.2012
Part II
Cogeneration technologies covered by this Directive
(a) Combined cycle gas turbine with heat recovery
(b) Steam back pressure turbine
(c) Steam condensing extraction turbine
(d) Gas turbine with heat recovery
(e) Internal combustion engine
(f) Microturbines
(g) Stirling engines
(h) Fuel cells
(i) Steam engines
(j) Organic Rankine cycles
(k) Any other type of technology or combination thereof falling under the definition laid down in Article 2(30).
When implementing and applying the general principles for the calculation of electricity from cogeneration, Member
States shall use the detailed Guidelines established by Commission Decision 2008/952/EC of 19 November 2008
establishing detailed guidelines for the implementation and application of Annex II to Directive 2004/8/EC of the
European Parliament and of the Council ( 1 ).
( 1 ) OJ L 338, 17.12.2008, p. 55.

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ANNEX II
METHODOLOGY FOR DETERMINING THE EFFICIENCY OF THE COGENERATION PROCESS
Values used for calculation of efficiency of cogeneration and primary energy savings shall be determined on the basis of
the expected or actual operation of the unit under normal conditions of use.
(a) High-efficiency cogeneration
For the purpose of this Directive high-efficiency cogeneration shall fulfil the following criteria:
— cogeneration production from cogeneration units shall provide primary energy savings calculated according to
point (b) of at least 10 % compared with the references for separate production of heat and electricity,
— production from small-scale and micro-cogeneration units providing primary energy savings may qualify as high-
efficiency cogeneration.
(b) Calculation of primary energy savings
The amount of primary energy savings provided by cogeneration production defined in accordance with Annex I shall
be calculated on the basis of the following formula:
Where:
PES is primary energy savings.
CHP Hη is the heat efficiency of the cogeneration production defined as annual useful heat output divided by the fuel
input used to produce the sum of useful heat output and electricity from cogeneration.
Ref Hη is the efficiency reference value for separate heat production.
CHP Eη is the electrical efficiency of the cogeneration production defined as annual electricity from cogeneration
divided by the fuel input used to produce the sum of useful heat output and electricity from cogeneration. Where a
cogeneration unit generates mechanical energy, the annual electricity from cogeneration may be increased by an
additional element representing the amount of electricity which is equivalent to that of mechanical energy. This
additional element does not create a right to issue guarantees of origin in accordance with Article 14(10).
Ref Eη is the efficiency reference value for separate electricity production.
(c) Calculations of energy savings using alternative calculation
Member States may calculate primary energy savings from a production of heat and electricity and mechanical energy
as indicated below without applying Annex I to exclude the non-cogenerated heat and electricity parts of the same
process. Such a production can be regarded as high-efficiency cogeneration provided it fulfils the efficiency criteria in
point (a) of this Annex and, for cogeneration units with an electrical capacity larger than 25 MW, the overall efficiency
is above 70 %. However, specification of the quantity of electricity from cogeneration produced in such a production,
for issuing a guarantee of origin and for statistical purposes, shall be determined in accordance with Annex I.

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Official Journal of the European Union
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If primary energy savings for a process are calculated using alternative calculation as indicated above the primary
energy savings shall be calculated using the formula in point (b) of this Annex replacing: ‘CHP Hη’ with ‘Hη’ and ‘CHP
Eη’ with ‘Eη’, where:
Hη shall mean the heat efficiency of the process, defined as the annual heat output divided by the fuel input used to
produce the sum of heat output and electricity output.
Eη shall mean the electricity efficiency of the process, defined as the annual electricity output divided by the fuel input
used to produce the sum of heat output and electricity output. Where a cogeneration unit generates mechanical
energy, the annual electricity from cogeneration may be increased by an additional element representing the amount
of electricity which is equivalent to that of mechanical energy. This additional element will not create a right to issue
guarantees of origin in accordance with Article 14(10).
(d) Member States may use other reporting periods than one year for the purpose of the calculations according to points
(b) and (c) of this Annex.
(e) For micro-cogeneration units the calculation of primary energy savings may be based on certified data.
(f) Efficiency reference values for separate production of heat and electricity
The harmonised efficiency reference values shall consist of a matrix of values differentiated by relevant factors,
including year of construction and types of fuel, and must be based on a well-documented analysis taking, inter
alia, into account data from operational use under realistic conditions, fuel mix and climate conditions as well as
applied cogeneration technologies.
The efficiency reference values for separate production of heat and electricity in accordance with the formula set out
in point (b) shall establish the operating efficiency of the separate heat and electricity production that cogeneration is
intended to substitute.
The efficiency reference values shall be calculated according to the following principles:
1. For cogeneration units the comparison with separate electricity production shall be based on the principle that the
same fuel categories are compared.
2. Each cogeneration unit shall be compared with the best available and economically justifiable technology for
separate production of heat and electricity on the market in the year of construction of the cogeneration unit.
3. The efficiency reference values for cogeneration units older than 10 years of age shall be fixed on the reference
values of units of 10 years of age.
4. The efficiency reference values for separate electricity production and heat production shall reflect the climatic
differences between Member States.

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European
Union L
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ANNEX III
ENERGY EFFICIENCY REQUIREMENTS FOR PURCHASING PRODUCTS, SERVICES AND BUILDINGS BY
CENTRAL GOVERNMENT
Central governments that purchase products, services or buildings, insofar as this is consistent with cost-effectiveness,
economical feasibility, wider sustainability, technical suitability, as well as sufficient competition, shall:
(a) where a product is covered by a delegated act adopted under Directive 2010/30/EU or by a related Commission
implementing directive, purchase only the products that comply with the criterion of belonging to the highest energy
efficiency class possible in the light of the need to ensure sufficient competition;
(b) where a product not covered under point (a) is covered by an implementing measure under Directive 2009/125/EC
adopted after the entry into force of this Directive, purchase only products that comply with energy efficiency
benchmarks specified in that implementing measure;
(c) purchase office equipment products covered by Council Decision 2006/1005/EC of 18 December 2006 concerning
conclusion of the Agreement between the Government of the United States of America and the European Community
on the coordination of energy-efficiency labelling programmes for office equipment ( 1 ) that comply with energy
efficiency requirements not less demanding than those listed in Annex C to the Agreement attached to that Decision;
(d) purchase only tyres that comply with the criterion of having the highest fuel energy efficiency class, as defined by
Regulation (EC) No 1222/2009 of the European Parliament and of the Council of 25 November 2009 on the
labelling of tyres with respect to fuel efficiency and other essential parameters ( 2 ). This requirement shall not
prevent public bodies from purchasing tyres with the highest wet grip class or external rolling noise class where
justified by safety or public health reasons;
(e) require in their tenders for service contracts that service providers use, for the purposes of providing the services in
question, only products that comply with the requirements referred to in points (a) to (d), when providing the services
in question. This requirement shall apply only to new products purchased by service providers partially or wholly for
the purpose of providing the service in question;
(f) purchase, or make new rental agreements for, only buildings that comply at least with the minimum energy
performance requirements referred to in Article 5(1) unless the purpose of the purchase is:
(i) to undertake deep renovation or demolition;
(ii) in the case of public bodies, to re-sell the building without using it for public body’s own purposes; or
(iii) to preserve it as a building officially protected as part of a designated environment, or because of its special
architectural or historical merit.
Compliance with these requirements shall be verified by means of the energy performance certificates referred to in
Article 11 of Directive 2010/31/EU.
( 1 ) OJ L 381, 28.12.2006, p. 24.
( 2 ) OJ L 342, 22.12.2009, p. 46.

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L 315/34
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Official Journal of the European Union
14.11.2012
ANNEX IV
ENERGY CONTENT OF SELECTED FUELS FOR END USE – CONVERSION TABLE ( 1 )
Energy commodity kJ
(NCV) kgoe
(NCV) kWh
(NCV)
1 kg coke 28
500 0,676 7,917
1 kg hard coal
17 200 — 30 700 0,411
—
0,733 4,778
—
8,528
1 kg brown coal briquettes 20
000 0,478 5,556
1 kg black lignite
10 500 — 21 000 0,251
—
0,502 2,917
—
5,833
1 kg brown coal 5
600
—
10
500 0,134
—
0,251 1,556
—
2,917
1 kg oil shale
8 000 — 9 000 0,191
—
0,215 2,222
—
2,500
1 kg peat 7
800
—
13
800 0,186
—
0,330 2,167
—
3,833
1 kg peat briquettes
16 000 — 16 800 0,382
—
0,401 4,444
—
4,667
1 kg residual fuel oil (heavy oil) 40
000 0,955 11,111
1 kg light fuel oil 42
300 1,010 11,750
1 kg motor spirit (petrol) 44
000 1,051 12,222
1 kg paraffin 40
000 0,955 11,111
1 kg liquefied petroleum gas 46
000 1,099 12,778
1 kg natural gas ( 1 ) 47
200 1,126 13,10
1 kg liquefied natural gas 45
190 1,079 12,553
1 kg wood (25 % humidity) ( 2 ) 13
800 0,330 3,833
1 kg pellets/wood bricks 16
800 0,401 4,667
1 kg waste 7
400
—
10
700 0,177
—
0,256 2,056
—
2,972
1 MJ derived heat 1
000 0,024 0,278
1 kWh electrical energy 3
600 0,086 1
( 3 )
Source: Eurostat.
( 1 ) 93 % methane.
( 2 ) Member States may apply other values depending on the type of wood most used in the respective Member State.
( 3 ) Applicable when energy savings are calculated in primary energy terms using a bottom-up approach based on final energy
consumption. For savings in kWh electricity Member States may apply a default coefficient of 2,5. Member States may apply a
different coefficient provided they can justify it.
( 1 ) Member States may apply different conversion factors if these can be justified.

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ANNEX V
Common methods and principles for calculating the impact of energy efficiency obligations schemes or other
policy measures under Article 7(1), (2) and (9) and Article 20(6)
1. Methods for calculating energy savings for the purposes of Article 7(1) and (2), and points (b), (c), (d), (e) and (f) of
the second subparagraph of Article 7(9), and Article 20(6).
Obligated, participating or entrusted parties, or implementing public authorities may use one or more of the
following methods for calculating energy savings:
(a) deemed savings, by reference to the results of previous independently monitored energy improvements in similar
installations. The generic approach is termed ‘ex-ante’;
(b) metered savings, whereby the savings from the installation of a measure, or package of measures, is determined by
recording the actual reduction in energy use, taking due account of factors such as additionality, occupancy,
production levels and the weather which may affect consumption. The generic approach is termed ‘ex-post’;
(c) scaled savings, whereby engineering estimates of savings are used. This approach may only be used where
establishing robust measured data for a specific installation is difficult or disproportionately expensive, e.g.
replacing a compressor or electric motor with a different kWh rating than that for which independent
information on savings has been measured, or where they are carried out on the basis of nationally established
methodologies and benchmarks by qualified or accredited experts that are independent of the obligated, partici
pating or entrusted parties involved;
(d) surveyed savings, where consumers’ response to advice, information campaigns, labelling or certification schemes,
or smart metering is determined. This approach may only be used for savings resulting from changes in consumer
behaviour. It may not be used for savings resulting from the installation of physical measures.
2. In determining the energy saving for an energy efficiency measure for the purposes of Article 7(1) and (2), and points
(b), (c), (d), (e) and (f) of the second subparagraph of Article 7(9), and Article 20(6) the following principles shall
apply:
(a) credit may only be given for savings exceeding the following levels:
(i) Union emission performance standards for new passenger cars and new light commercial vehicles following
the implementation of Regulation (EC) No 443/2009 of the European Parliament and of the Council of
23 April 2009 setting emission performance standards for new passenger cars as part of the Community’s
integrated approach to reduce CO 2 emissions from light-duty vehicles ( 1 ) and Regulation (EU) No 510/2011 of
the European Parliament and of the Council of 11 May 2011 setting emission performance standards for new
light commercial vehicles as part of the Union’s integrated approach to reduce CO 2 emissions from light-duty
vehicles ( 2 ), respectively;
(ii) Union requirements relating to the removal from the market of certain energy related products following the
implementation of implementing measures under Directive 2009/125/EC; and
(b) to account for climatic variations between regions, Member States may choose to adjust the savings to a standard
value or to accord different energy savings in accordance with the temperature variations between regions;
( 1 ) OJ L 140, 5.6.2009, p. 1.
( 2 ) OJ L 145, 31.5.2011, p. 1.

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(c) the activities of the obligated, participating or entrusted party must be demonstrably material to the achievement
of the claimed savings;
(d) savings from an individual action may not be claimed by more than one party;
(e) calculation of energy savings shall take into account the lifetime of savings. This may be done by counting the
savings each individual action will achieve between its implementation date and 31 December 2020. Alternatively,
Member States may adopt another method that is estimated to achieve at least the same total quantity of savings.
When using other methods, Member States shall ensure that the total amount of energy savings calculated with
these other methods does not exceed the amount of energy savings that would have been the result of their
calculation when counting the savings each individual action will achieve between its implementation date and
31 December 2020. Member States shall describe in detail in their first National Energy Efficiency Action Plan
according to Annex XIV to this Directive, which other methods they have used and which provisions have been
made to ensure this binding calculation requirement; and
(f) actions by obligated, participating or entrusted parties, either individually or together, which aim to result in
lasting transformation of products, equipment, or markets to a higher level of energy efficiency are permitted; and
(g) in promoting the uptake of energy efficiency measures, Member States shall ensure that quality standards for
products, services and installation of measures are maintained. Where such standards do not exist, Member States
shall work with obligated, participating or entrusted parties to introduce them.
3. In determining the energy saving from policy measures applied under point (a) of the second subparagraph of
Article 7(9), the following principles shall apply:
(a) credit shall only be given for energy savings from taxation measures exceeding the minimum levels of taxation
applicable to fuels as required in Council Directive 2003/96/EC of 27 October 2003 restructuring the Community
framework for the taxation of energy products and electricity ( 1 ) or in Council Directive 2006/112/EC of
28 November 2006 on the common system of value added tax ( 2 );
(b) recent and representative official data on price elasticities shall be used for calculation of the impact; and
(c) the energy savings from accompanying taxation policy instruments, including fiscal incentives or payment to a
fund, shall be accounted separately.
4. Notification of methodology
Member States shall by 5 December 2013 notify the Commission of their proposed detailed methodology for
operation of the energy efficiency obligation schemes and for the purposes of Article 7(9) and Article 20(6).
Except in the case of taxes, such notification shall include details of:
(a) obligated, participating or entrusted parties, or implementing public authorities;
(b) target sectors;
(c) the level of the energy saving target or expected savings to be achieved over the whole and intermediate periods;
(d) the duration of the obligation period and intermediate periods;
( 1 ) OJ L 283, 31.10.2003, p. 51.
( 2 ) OJ L 347, 11.12.2006, p. 1.

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(e) eligible measure categories;
(f) calculation methodology, including how additionality and materiality are to be determined and which method
ologies and benchmarks are used for engineering estimates;
(g) lifetimes of measures;
(h) approach taken to address climatic variations within the Member State;
(i) quality standards;
(j) monitoring and verification protocols and how the independence of these from the obligated, participating or
entrusted parties is ensured;
(k) audit protocols; and
(l) how the need to fulfil the requirement in the second subparagraph of Article 7(1) is taken into account.
In the case of taxes, the notification shall include details of:
(a) target sectors and segment of taxpayers;
(b) implementing public authority;
(c) expected savings to be achieved;
(d) duration of the taxation measure and intermediate periods; and
(e) calculation methodology, including which price elasticities are used.

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L 315/38
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Official Journal of the European Union
14.11.2012
ANNEX VI
Minimum criteria for energy audits including those carried out as part of energy management systems
The energy audits referred to in Article 8 shall be based on the following guidelines:
(a) be based on up-to-date, measured, traceable operational data on energy consumption and (for electricity) load profiles;
(b) comprise a detailed review of the energy consumption profile of buildings or groups of buildings, industrial oper
ations or installations, including transportation;
(c) build, whenever possible, on life-cycle cost analysis (LCCA) instead of Simple Payback Periods (SPP) in order to take
account of long-term savings, residual values of long-term investments and discount rates;
(d) be proportionate, and sufficiently representative to permit the drawing of a reliable picture of overall energy
performance and the reliable identification of the most significant opportunities for improvement.
Energy audits shall allow detailed and validated calculations for the proposed measures so as to provide clear information
on potential savings.
The data used in energy audits shall be storable for historical analysis and tracking performance.

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ANNEX VII
Minimum requirements for billing and billing information based on actual consumption
1. Minimum
requirements
for
billing
1.1. Billing based on actual consumption
In order to enable final customers to regulate their own energy consumption, billing should take place on the basis
of actual consumption at least once a year, and billing information should be made available at least quarterly, on
request or where the consumers have opted to receive electronic billing or else twice yearly. Gas used only for
cooking purposes may be exempted from this requirement.
1.2. Minimum information contained in the bill
Member States shall ensure that, where appropriate, the following information is made available to final customers in
clear and understandable terms in or with their bills, contracts, transactions, and receipts at distribution stations:
(a) current actual prices and actual consumption of energy;
(b) comparisons of the final customer’s current energy consumption with consumption for the same period in the
previous year, preferably in graphic form;
(c) contact information for final customers’ organisations, energy agencies or similar bodies, including website
addresses, from which information may be obtained on available energy efficiency improvement measures,
comparative end-user profiles and objective technical specifications for energy-using equipment.
In addition, wherever possible and useful, Member States shall ensure that comparisons with an average
normalised or benchmarked final customer in the same user category are made available to final customers
in clear and understandable terms, in, with or signposted to within, their bills, contracts, transactions, and
receipts at distribution stations.
1.3. Advice on energy efficiency accompanying bills and other feedback to final customers
When sending contracts and contract changes, and in the bills customers receive or through websites addressing
individual customers, energy distributors, distribution system operators and retail energy sales companies shall
inform their customers in a clear and understandable manner of contact information for independent consumer
advice centres, energy agencies or similar institutions, including their internet addresses, where they can obtain
advice on available energy efficiency measures, benchmark profiles for their energy consumption and technical
specifications of energy using appliances that can serve to reduce the consumption of these appliances.

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L 315/40
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Official Journal of the European Union
14.11.2012
ANNEX VIII
Potential for efficiency in heating and cooling
1. The comprehensive assessment of national heating and cooling potentials referred to in Article 14(1) shall include:
(a) a description of heating and cooling demand;
(b) a forecast of how this demand will change in the next 10 years, taking into account in particular the evolution of
demand in buildings and the different sectors of industry;
(c) a map of the national territory, identifying, while preserving commercially sensitive information:
(i) heating and cooling demand points, including:
— municipalities and conurbations with a plot ratio of at least 0,3, and
— industrial zones with a total annual heating and cooling consumption of more than 20 GWh;
(ii) existing and planned district heating and cooling infrastructure;
(iii) potential heating and cooling supply points, including:
— electricity generation installations with a total annual electricity production of more than 20 GWh, and
— waste incineration plants,
— existing and planned cogeneration installations using technologies referred to in Part II of Annex I, and
district heating installations;
(d) identification of the heating and cooling demand that could be satisfied by high-efficiency cogeneration, including
residential micro-cogeneration, and by district heating and cooling;
(e) identification of the potential for additional high-efficiency cogeneration, including from the refurbishment of
existing and the construction of new generation and industrial installations or other facilities generating waste heat;
(f) identification of energy efficiency potentials of district heating and cooling infrastructure;
(g) strategies, policies and measures that may be adopted up to 2020 and up to 2030 to realise the potential in point
(e) in order to meet the demand in point (d), including, where appropriate, proposals to:
(i) increase the share of cogeneration in heating and cooling production and in electricity production;
(ii) develop efficient district heating and cooling infrastructure to accommodate the development of high-effi
ciency cogeneration and the use of heating and cooling from waste heat and renewable energy sources;
(iii) encourage new thermal electricity generation installations and industrial plants producing waste heat to be
located in sites where a maximum amount of the available waste heat will be recovered to meet existing or
forecasted heat and cooling demand;

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(iv) encourage new residential zones or new industrial plants which consume heat in their production processes to
be located where available waste heat, as identified in the comprehensive assessment, can contribute to
meeting their heat and cooling demands. This could include proposals that support the clustering of a
number of individual installations in the same location with a view to ensuring an optimal matching
between demand and supply for heat and cooling;
(v) encourage thermal electricity generating installations, industrial plants producing waste heat, waste incineration
plants and other waste-to-energy plants to be connected to the local district heating or cooling network;
(vi) encourage residential zones and industrial plants which consume heat in their production processes to be
connected to the local district heating or cooling network;
(h) the share of high-efficiency cogeneration and the potential established and progress achieved under Directive
2004/8/EC;
(i) an estimate of the primary energy to be saved;
(j) an estimate of public support measures to heating and cooling, if any, with the annual budget and identification of
the potential aid element. This does not prejudge a separate notification of the public support schemes for a State
aid assessment.
2. To the extent appropriate, the comprehensive assessment may be made up of an assembly of regional or local plans
and strategies.

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L 315/42
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Official Journal of the European Union
14.11.2012
ANNEX IX
COST-BENEFIT ANALYSIS
Part 1
General principles of the cost-benefit analysis
The purpose of preparing cost-benefit analyses in relation to measures for promoting efficiency in heating and cooling as
referred to in Article 14(3) is to provide a decision base for qualified prioritisation of limited resources at society level.
The cost-benefit analysis may either cover a project assessment or a group of projects for a broader local, regional or
national assessment in order to establish the most cost-effective and beneficial heating or cooling option for a given
geographical area for the purpose of heat planning.
Cost-benefit analyses for the purposes of Article 14(3) shall include an economic analysis covering socio-economic and
environmental factors.
The cost-benefit analyses shall include the following steps and considerations:
(a) Establishing a system boundary and geographical boundary
The scope of the cost-benefit analyses in question determines the relevant energy system. The geographical boundary
shall cover a suitable well-defined geographical area, e.g. a given region or metropolitan area, to avoid selecting sub-
optimised solutions on a project by project basis.
(b) Integrated approach to demand and supply options
The cost-benefit analysis shall take into account all relevant supply resources available within the system and
geographical boundary, using the data available, including waste heat from electricity generation and industrial
installations and renewable energy, and the characteristics of, and trends in heat and cooling demand.
(c) Constructing a baseline
The purpose of the baseline is to serve as a reference point, to which the alternative scenarios are evaluated.
(d) Identifying alternative scenarios
All relevant alternatives to the baseline shall be considered. Scenarios that are not feasible due to technical reasons,
financial reasons, national regulation or time constraints may be excluded at an early stage of the cost-benefit analysis
if justified based on careful, explicit and well-documented considerations.
Only high-efficiency cogeneration, efficient district heating and cooling or efficient individual heating and cooling
supply options should be taken into account in the cost-benefit analysis as alternative scenarios compared to the
baseline.
(e) Method for the calculation of cost-benefit surplus
(i) The total long-term costs and benefits of heat or cooling supply options shall be assessed and compared.
(ii) The criterion for evaluation shall be the net present value (NPV) criterion.
(iii) The time horizon shall be chosen such that all relevant costs and benefits of the scenarios are included. For
example, for a gas-fired power plant an appropriate time horizon could be 25 years, for a district heating system,
30 years, or for heating equipment such as boilers 20 years.
(f) Calculation and forecast of prices and other assumptions for the economic analysis
(i) Member States shall provide assumptions, for the purpose of the cost-benefit analyses, on the prices of major
input and output factors and the discount rate.

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(ii) The discount rate used in the economic analysis for the calculation of net present value shall be chosen according
to European or national guidelines ( 1 ).
(iii) Member States shall use national, European or international energy price development forecasts if appropriate in
their national and/or regional/local context.
(iv) The prices used in the economic analysis shall reflect the true socio economic costs and benefits and should
include external costs, such as environmental and health effects, to the extent possible, i.e. when a market price
exists or when it is already included in European or national regulation.
(g) Economic analysis: Inventory of effects
The economic analyses shall take into account all relevant economic effects.
Member States may assess and take into account in decision making costs and energy savings from the increased
flexibility in energy supply and from a more optimal operation of the electricity networks, including avoided costs
and savings from reduced infrastructure investment, in the analysed scenarios.
The costs and benefits taken into account shall include at least the following:
(i) Benefits
— Value of output to the consumer (heat and electricity)
— External benefits such as environmental and health benefits, to the extent possible
(ii) Costs
— Capital costs of plants and equipments
— Capital costs of the associated energy networks
— Variable and fixed operating costs
— Energy costs
— Environmental and health cost, to the extent possible
(h) Sensitivity analysis:
A sensitivity analysis shall be included to assess the costs and benefits of a project or group of projects based on
different energy prices, discount rates and other variable factors having a significant impact on the outcome of the
calculations.
The Member States shall designate the competent authorities responsible for carrying out the cost-benefit analyses under
Article 14. Member States may require competent local, regional and national authorities or operators of individual
installations to carry out the economic and financial analysis. They shall provide the detailed methodologies and
assumptions in accordance with this Annex and establish and make public the procedures for the economic analysis.
Part 2
Principles for the purpose of Article 14(5) and (7)
The cost-benefit analyses shall provide information for the purpose of the measures in Article 14(5) and (7):
If an electricity-only installation or an installation without heat recovery is planned, a comparison shall be made between
the planned installations or the planned refurbishment and an equivalent installation producing the same amount of
electricity or process heat, but recovering the waste heat and supplying heat through high-efficiency cogeneration and/or
district heating and cooling networks.
Within a given geographical boundary the assessment shall take into account the planned installation and any appropriate
existing or potential heat demand points that could be supplied from it, taking into account rational possibilities (for
example, technical feasibility and distance).
( 1 ) The national discount rate chosen for the purpose of economic analysis should take into account data provided by the European
Central Bank.

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L 315/44
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Official Journal of the European Union
14.11.2012
The system boundary shall be set to include the planned installation and the heat loads, such as building(s) and industrial
process. Within this system boundary the total cost of providing heat and power shall be determined for both cases and
compared.
Heat loads shall include existing heat loads, such as an industrial installation or an existing district heating system, and
also, in urban areas, the heat load and costs that would exist if a group of buildings or part of a city were provided with
and/or connected into a new district heating network.
The cost-benefit analysis shall be based on a description of the planned installation and the comparison installation(s),
covering electrical and thermal capacity, as applicable, fuel type, planned usage and the number of planned operating
hours annually, location and electricity and thermal demand.
For the purpose of the comparison, the thermal energy demand and the types of heating and cooling used by the nearby
heat demand points shall be taken into account. The comparison shall cover infrastructure related costs for the planned
and comparison installation.
Cost-benefit analyses for the purposes of Article 14(5) shall include an economic analysis covering a financial analysis
reflecting actual cash flow transactions from investing in and operating individual installations.
Projects with positive cost-benefit outcome are those where the sum of discounted benefits in the economic and financial
analysis exceeds the sum of discounted costs (cost-benefit surplus).
Member States shall set guiding principles for the methodology, assumptions and time horizon for the economic analysis.
Member States may require that the companies responsible for the operation of thermal electric generation installations,
industrial companies, district heating and cooling networks, or other parties influenced by the defined system boundary
and geographical boundary, contribute data for use in assessing the costs and benefits of an individual installation.

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14.11.2012 Official
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European
Union L
315/45
ANNEX X
Guarantee of origin for electricity produced from high-efficiency cogeneration
(a) Member States shall take measures to ensure that:
(i) the guarantee of origin of the electricity produced from high-efficiency cogeneration:
— enable producers to demonstrate that the electricity they sell is produced from high-efficiency cogeneration
and is issued to this effect in response to a request from the producer,
— is accurate, reliable and fraud-resistant,
— is issued, transferred and cancelled electronically;
(ii) the same unit of energy from high-efficiency cogeneration is taken into account only once.
(b) The guarantee of origin referred to in Article 14(10) shall contain at least the following information:
(i) the identity, location, type and capacity (thermal and electrical) of the installation where the energy was
produced;
(ii) the dates and places of production;
(iii) the lower calorific value of the fuel source from which the electricity was produced;
(iv) the quantity and the use of the heat generated together with the electricity;
(v) the quantity of electricity from high-efficiency cogeneration in accordance with Annex II that the guarantee
represents;
(vi) the primary energy savings calculated in accordance with Annex II based on the harmonised efficiency reference
values indicated in point (f) of Annex II;
(vii) the nominal electric and thermal efficiency of the plant;
(viii) whether and to what extent the installation has benefited from investment support;
(ix) whether and to what extent the unit of energy has benefited in any other way from a national support scheme,
and the type of support scheme;
(x) the date on which the installation became operational; and
(xi) the date and country of issue and a unique identification number.
The guarantee of origin shall be of the standard size of 1 MWh. It shall relate to the net electricity output measured at
the station boundary and exported to the grid.

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L 315/46
EN
Official Journal of the European Union
14.11.2012
ANNEX XI
Energy efficiency criteria for energy network regulation and for electricity network tariffs
1. Network
tariffs
shall
be
cost-reflective
of
cost-savings
in
networks
achieved
from
demand-side
and
demand-
response measures and distributed generation, including savings from lowering the cost of delivery or of
network investment and a more optimal operation of the network.
2. Network
regulation
and
tariffs
shall
not
prevent
network
operators
or
energy
retailers
making
available
system
services for demand response measures, demand management and distributed generation on organised electricity
markets, in particular:
(a) the shifting of the load from peak to off-peak times by final customers taking into account the availability of
renewable energy, energy from cogeneration and distributed generation;
(b) energy savings from demand response of distributed consumers by energy aggregators;
(c) demand reduction from energy efficiency measures undertaken by energy service providers, including energy
service companies;
(d) the connection and dispatch of generation sources at lower voltage levels;
(e) the connection of generation sources from closer location to the consumption; and
(f) the storage of energy.
For the purposes of this provision the term ‘organised electricity markets’ shall include over-the-counter markets and
electricity exchanges for trading energy, capacity, balancing and ancillary services in all timeframes, including
forward, day-ahead and intra-day markets.
3. Network or retail tariffs may support dynamic pricing for demand response measures by final customers, such as:
(a) time-of-use tariffs;
(b) critical peak pricing;
(c) real time pricing; and
(d) peak time rebates.

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European
Union L
315/47
ANNEX XII
ENERGY EFFICIENCY REQUIREMENTS FOR TRANSMISSION SYSTEM OPERATORS AND DISTRIBUTION
SYSTEM OPERATORS
Transmission system operators and distribution system operators shall:
(a) set up and make public their standard rules relating to the bearing and sharing of costs of technical adaptations, such
as grid connections and grid reinforcements, improved operation of the grid and rules on the non-discriminatory
implementation of the grid codes, which are necessary in order to integrate new producers feeding electricity
produced from high-efficiency cogeneration into the interconnected grid;
(b) provide any new producer of electricity produced from high-efficiency cogeneration wishing to be connected to the
system with the comprehensive and necessary information required, including:
(i) a comprehensive and detailed estimate of the costs associated with the connection;
(ii) a reasonable and precise timetable for receiving and processing the request for grid connection;
(iii) a reasonable indicative timetable for any proposed grid connection. The overall process to become connected to
the grid should be no longer than 24 months, bearing in mind what is reasonably practicable and non-
discriminatory;
(c) provide standardised and simplified procedures for the connection of distributed high-efficiency cogeneration
producers to facilitate their connection to the grid.
The standard rules referred to in point (a) shall be based on objective, transparent and non-discriminatory criteria taking
particular account of all the costs and benefits associated with the connection of those producers to the grid. They may
provide for different types of connection.

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L 315/48
EN
Official Journal of the European Union
14.11.2012
ANNEX XIII
Minimum items to be included in energy performance contracts with the public sector or in the associated
tender specifications
— Clear and transparent list of the efficiency measures to be implemented or the efficiency results to be obtained.
— Guaranteed savings to be achieved by implementing the measures of the contract.
— Duration and milestones of the contract, terms and period of notice.
— Clear and transparent list of the obligations of each contracting party.
— Reference date(s) to establish achieved savings.
— Clear and transparent list of steps to be performed to implement a measure or package of measures and, where
relevant, associated costs.
— Obligation to fully implement the measures in the contract and documentation of all changes made during the
project.
— Regulations specifying the inclusion of equivalent requirements in any subcontracting with third parties.
— Clear and transparent display of financial implications of the project and distribution of the share of both parties in
the monetary savings achieved (i.e. remuneration of the service provider).
— Clear and transparent provisions on measurement and verification of the guaranteed savings achieved, quality checks
and guarantees.
— Provisions clarifying the procedure to deal with changing framework conditions that affect the content and the
outcome of the contract (i.e. changing energy prices, use intensity of an installation).
— Detailed information on the obligations of each of the contracting party and of the penalties for their breach.

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14.11.2012 Official
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European
Union L
315/49
ANNEX XIV
GENERAL FRAMEWORK FOR REPORTING
Part 1
General framework for annual reports
The annual reports referred to in Article 24(1) provide a basis for the monitoring of the progress towards national 2020
targets. Member States shall ensure that the reports include the following minimum information:
(a) an estimate of following indicators in the year before last (year X ( 1 ) - 2):
(i) primary energy consumption;
(ii) total final energy consumption;
(iii) final energy consumption by sector
— industry
— transport (split between passenger and freight transport, if available)
— households
— services;
(iv) gross value added by sector
— industry
— services;
(v) disposable income of households;
(vi) gross domestic product (GDP);
(vii) electricity generation from thermal power generation;
(viii) electricity generation from combined heat and power;
(ix) heat generation from thermal power generation;
(x) heat generation from combined heat and power plants, including industrial waste heat;
(xi) fuel input for thermal power generation;
(xii) passenger kilometres (pkm), if available;
(xiii) tonne kilometres (tkm), if available;
(xiv) combined transport kilometres (pkm + tkm), in case (xii) and (xiii) are not available;
(xv) population.
In sectors where energy consumption remains stable or is growing, Member States shall analyse the reasons for it and
attach their appraisal to the estimates.
The second and subsequent reports shall also include points (b) to (e):
(b) updates on major legislative and non-legislative measures implemented in the previous year which contribute towards
the overall national energy efficiency targets for 2020;
(c) the total building floor area of the buildings with a total useful floor area over 500 m 2 and as of 9 July 2015 over
250 m 2 owned and occupied by the Member States’ central government that, on 1 January of the year in which the
report is due, did not meet the energy performance requirements referred to in Article 5(1);
( 1 ) X = current year.

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L 315/50
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Official Journal of the European Union
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(d) the total building floor area of heated and/or cooled buildings owned and occupied by the Member States’ central
government that was renovated in the previous year referred to in Article 5(1) or the amount of energy savings in
eligible buildings owned and occupied by their central government as referred to in Article 5(6);
(e) energy savings achieved through the national energy efficiency obligation schemes referred to in Article 7(1) or the
alternative measures adopted in application of Article 7(9).
The first report shall also include the national target referred to in Article 3(1).
In the annual reports referred to in Article 24(1) Member States may also include additional national targets. These may
be related in particular to the statistical indicators enumerated in point (a) of this Part or combinations thereof, such as
primary or final energy intensity or sectoral energy intensities.
Part 2
General framework for National Energy Efficiency Action Plans
National Energy Efficiency Action Plans referred to in Article 24(2) shall provide a framework for the development of
national energy efficiency strategies.
The National Energy Efficiency Action Plans shall cover significant energy efficiency improvement measures and expected/
achieved energy savings, including those in the supply, transmission and distribution of energy as well as energy end-use.
Member States shall ensure that the National Energy Efficiency Action Plans include the following minimum information:
1. Targets
and
strategies
— the indicative national energy efficiency target for 2020 as required by Article 3(1),
— the national indicative energy savings target set in Article 4(1) of Directive 2006/32/EC,
— other existing energy efficiency targets addressing the whole economy or specific sectors.
2. Measures
and
energy
savings
The National Energy Efficiency Action Plans shall provide information on measures adopted or planned to be
adopted in view of implementing the main elements of this Directive and on their related savings.
(a) Primary energy savings
The National Energy Efficiency Action Plans shall list significant measures and actions taken towards primary
energy saving in all sectors of the economy. For every measure or package of measures/actions estimations of
expected savings for 2020 and savings achieved by the time of the reporting shall be provided.
Where available, information on other impacts/benefits of the measures (greenhouse gas emissions reduction,
improved air quality, job creation, etc.) and the budget for the implementation should be provided.
(b) Final energy savings
The first and second National Energy Efficiency Action Plans shall include the results with regard to the
fulfilment of the final energy savings target set out in Article 4(1) and (2) of the Directive 2006/32/EC. If
calculation/estimation of savings per measure is not available, sector level energy reduction shall be shown due
to (the combination) of measures.
The first and second National Energy Efficiency Action Plans shall also include the measurement and/or calcu
lation methodology used for calculating the energy savings. If the ‘recommended methodology’ ( 1 ) is applied, the
National Energy Efficiency Action Plan should provide references to this.
( 1 ) Recommendations on Measurement and Verification Methods in the framework of the Directive 2006/32/EC on Energy End-Use
Efficiency and Energy Services.

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3. Specific
information
related
to
this
Directive
3.1. Public bodies (Article 5)
National Energy Efficiency Action Plans shall include the list of public bodies having developed an energy efficiency
plan in accordance with Article 5(7).
3.2. Energy efficiency obligations (Article 7)
National Energy Efficiency Action Plans shall include the national coefficients chosen in accordance with Annex IV.
The first National Energy Efficiency Action Plan shall include a short description of the national scheme referred to
in Article 7(1) or the alternative measures adopted in application of Article 7(9).
3.3. Energy audits and management systems (Article 8)
National Energy Efficiency Action Plans shall include:
(a) the number of energy audits carried out in the previous period;
(b) the number of energy audits carried out in large enterprises in the previous period;
(c) the number of large companies in their territory, with an indication of the number of those to which Article 8(5)
is applicable.
3.4. Promotion of efficient heating and cooling (Article 14)
National Energy Efficiency Action Plans shall include an assessment of the progress achieved in implementing the
comprehensive assessment referred to in Article 14(1).
3.5. Energy transmission and distribution (Article 15)
The first National Energy Efficiency Action Plan and the subsequent reports due every 10 years thereafter shall
include the assessment made, the measures and investments identified to utilise the energy efficiency potentials of
gas and electricity infrastructure referred to in Article 15(2).
3.6. Member States shall report, as part of their National Energy Efficiency Action Plans, on the measures undertaken to
enable and develop demand response as referred to in Article 15.
3.7. Availability of qualification, accreditation and certification schemes (Article 16)
National Energy Efficiency Action Plans shall include information on the available qualification, accreditation and
certification schemes or equivalent qualification schemes for the providers of energy services, energy audits and
energy efficiency improvement measures.
3.8. Energy Services (Article 18)
National Energy Efficiency Action Plans shall include an internet link to the website where the list or the interface of
energy services providers referred to in point (c) of Article 18(1) can be accessible.
3.9. Other measures to promote energy efficiency (Article 19)
The first National Energy Efficiency Action Plan shall include a list of the measures referred to in Article 19(1).

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L 315/52
EN
Official Journal of the European Union
14.11.2012
ANNEX XV
Correlation table
Directive 2004/8/EC This
Directive
Article 1 Article
1(1)
Article 2 Article
1(1)
Article 3, point (a) Article
2,
point
(30)
Article 3, point (b) Article
2,
point
(32)
Article 3, point (c) Article
2,
point
(31)
Article 3, point (d) Article
2,
point
(33)
Article 3, points (e) and (f)
—
Article 3, point (g) Article
2,
point
(35)
Article 3, point (h)
—
Article 3, point (i) Article
2,
point
(34)
Article 3, point (j)
—
Article 3, point (k) Article
2,
point
(36)
Article 3, point (l) Article
2,
point
(37)
Article 3, point (m) Article
2,
point
(39)
Article 3, point (n) Article
2,
point
(38)
Article 3, point (o)
—
—
Article 2, points (40), (41), (42), (43), and (44)
Article 4(1) Annex
II,
point
(f),
first
subpoint
Article 4(2) Article
14(10),
second
subparagraph
Article 4(3)
—
Article 5 Article
14(10),
first
subparagraph
and
Annex
X
Article 6 Article
14(1)
and
(3),
Annex
VIII
and
IX
Article 7(1) Article
14(11)
Article 7(2) and (3)
—
Article 8 Article
15(5)
— Article
15(6),
(7),
(8)
and
(9)
Article 9
—
Article 10(1) and (2) Article
14(1)
and
24(2),
Annex
XIV,
Part
2

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14.11.2012 Official
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Directive 2004/8/EC This
Directive
Article 10(3) Article
24(6)
Article 11 Article
24(3)
— Article
24(5)
Article 12(1) and (3)
—
Article 12(2) Annex
II,
point
(c)
Article 13 Article
22(2)
Article 14
—
Article 15 Article
28
Article 16
—
Article 17 Article
29
Article 18 Article
30
Annex I Annex
I,
Part
II
Annex II
Annex I, Part I and Part II, last subparagraph
Annex III Annex
II
Annex IV Annex
VIII
— Annex
IX
Directive 2006/32/EC This
Directive
Article 1 Article
1(1)
Article 2 Article
1(1)
Article 3, point (a) Article
2,
point
(1)
Article 3, point (b) Article
2,
point
(4)
Article 3, point (c) Article
2,
point
(6)
Article 3, point (d) Article
2,
point
(5)
—
Article 2, points (2) and (3)
Article 3, point (e) Article
2,
point
(7)
Article 3, points (f), (g), (h) and (i)
—
— Article
2,
points
(8)
to
(19)
Article 3, point (j) Article
2,
point
(27)
— Article
2,
point
(28)
Article 3, point (k)
—
Article 3, point (l) Article
2,
point
(25)

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L 315/54
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Official Journal of the European Union
14.11.2012
Directive 2006/32/EC This
Directive
— Article
2,
point
(26)
Article 3, point (m)
—
Article 3, point (n) Article
2,
point
(23)
Article 3, point (o) Article
2,
point
(20)
Article 3, point (p) Article
2,
point
(21)
Article 3, point (q) Article
2,
point
(22)
Article 3, points (r) and (s)
—
—
Article 2, points (24), (29), (44) and (45)
— Article
3
— Article
4
Article 4
—
Article 5 Articles
5
and
6
Article 6(1)(a) Article
7(8),
points
(a)
and
(b)
Article 6(1)(b) Article
18(3)
Article 6(2)
Article 7(1), (5), (6), (7), (9), (10), (11) and (12)
— Article
7(2)
and
(3)
Article 6(3) Article
18(2),
points
(b)
and
(c)
Article 6(5)
—
Article 7 Article
17
Article 8 Article
16(1)
— Article
16(2)
and
(3)
Article 9(1) Article
19
Article 9(2) Article
18(1),
point
(d),
subpoint
(i)
— Article
18(1),
points
(a),
(b),
(c),
(d),
subpoint
(ii),
and
(e)
Article 10(1) Article
15(4)
Article 10(2) Article
15(3)
— Article
15(7),
(8)
and
(9)
Article 11 Article
20
Article 12(1) Article
8(1)
Article 12(2)
—
—
Article 8(2), (3), (4), (5), (6) and (7)

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EN
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European
Union L
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Directive 2006/32/EC This
Directive
Article 12(3)
—
Article 13(1) Article
9
Article 13(2) Article
10
and
Annex
VII,
point
1.1
Article 13(3) Annex
VII,
points
1.2
and
1.3
— Article
11
— Article
12
— Article
13
— Article
15(1)
and
(2)
— Article
18(2),
points
(a)
and
(d)
— Article
21
Article 14(1) and (2) Article
24(1)
and
(2)
Article 14(3)
—
Article 14(4) and (5) Article
24(3)
— Article
24(4)
and
(7)
to
(11)
— Article
22(1)
Article 15(1) Article
22(2)
Article 15(2), (3) and (4)
—
— Article
23
— Article
25
Article 16 Article
26
Article 17 Article
27
Article 18 Article
28
Article 19 Article
29
Article 20 Article
30
Annex I
—
Annex II Annex
IV
Annex III
—
Annex IV
—
Annex V
—

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L 315/56
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Official Journal of the European Union
14.11.2012
Directive 2006/32/EC This
Directive
Annex VI Annex
III
— Annex
V
— Annex
VI
— Annex
VII
— Annex
XI
— Annex
XII
— Annex
XIII
— Annex
XIV
— Annex
XV

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