1 produced in connection with ECB Opinion CON/2023/2 on a proposal for a directive on the
energy performance of buildings (recast) Drafting proposals
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Text proposed by the European Commission
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2 Amendments proposed by the ECB
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Amendment 1 Article 2, point (37) of the proposed directive |
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| ‘37. digital building logbook” means a common repository for all relevant building data, including data related to energy performance such as energy performance certificates, renovation passports and smart readiness indicators, which facilitates informed decision making and information sharing within the construction sector, among building owners and occupants, financial institutions and public authorities;’ |
’37. digital building logbook” means a common repository for all relevant building data, including data related to energy performance such as energy performance certificates, renovation passports and smart readiness indicators, which facilitates informed decision making and information sharing within the construction sector, among building owners and occupants, credit institutions and financial institutions, and public authorities;’ |
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Explanation The European Central Bank (ECB) proposes to amend the definition of ‘digital building logbook’ so as to clarify that not only financial institutions, but also credit institutions, within the meaning of Regulation (EU) 3 No 575/2013 of the European Parliament and of the Council (hereinafter the ‘Capital Requirements Regulation’), are included in the proposed directive’s scope, as credit institutions are the main mortgage lenders. See paragraph 1.4 of the ECB Opinion.
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1 This technical working document is produced in English only and communicated to the consulting Union institution(s) after adoption of the opinion. It is also published on EUR-Lex alongside the opinion itself.
2 Bold in the body of the text indicates where the ECB proposes inserting new text. Strikethrough in the body of the text indicates where the ECB proposes deleting text.
3 Regulation (EU) No 575/2013 of the European Parliament and of the Council of 26 June 2013 on prudential requirements for credit institutions and amending Regulation (EU) No 648/2012 (OJ L 176, 27.6.2013, p. 1).
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Text proposed by the European Commission
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2 Amendments proposed by the ECB
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Amendment 2 Article 5(3) of the proposed directive |
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‘3. Member States may decide not to set or apply the requirements referred to in paragraph 1 to the following categories of buildings: (a) buildings used as places of worship and for religious activities; (b) temporary buildings with a time of use of two years or less, industrial sites, workshops and nonresidential agricultural buildings with low energy demand and non-residential agricultural buildings which are in use by a sector covered by a national sectoral agreement on energy performance; (c) residential buildings which are used or intended to be used for either less than four months of the year or, alternatively, for a limited annual time of use and with an expected energy consumption of less than 25 % of what would be the result of all-year use; (d) stand-alone buildings with a total useful floor area of less than 50 m2.’ |
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Explanation To ensure the greatest data availability to enable credit institutions and financial institutions to assess climate-related risks, exemptions decided at national level should be limited as much as possible. Therefore, the ECB suggest deleting Article 5(3) of the proposed directive. See paragraph 2.1 of the ECB Opinion.
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Amendment 3 Article 14(3) of the proposed directive |
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| ‘3. No additional costs shall be charged to the building owner, tenant or manager for access to their data or for a request to make their data available to a third party. Member States shall be responsible for setting the relevant charges for | ‘3. No additional costs shall be charged to the building owner, tenant or manager for access to their data or for a request to make their data available to a third party. Member States shall be responsible for setting the relevant charges for |
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Text proposed by the European Commission
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2 Amendments proposed by the ECB
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| access to data by other eligible parties such as financial institutions, aggregators, energy suppliers, energy services providers and National Statistical Institutes or other national authorities responsible for the development, production and dissemination of European statistics. Member States or, where applicable, the designated competent authorities, shall ensure that any charges imposed by regulated entities that provide data services are reasonable and duly justified.’ |
access to data by other eligible parties such as credit institutions and financial institutions, aggregators, energy suppliers, energy services providers, authorities responsible for the supervision of credit institutions and financial institutions, and National Statistical Institutes or other national authorities responsible for the development, production and dissemination of European statistics. Member States or, where applicable, the designated competent authorities, shall ensure that any charges imposed by regulated entities that provide data services are reasonable and duly justified.’ |
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Explanation The ECB proposes to clarify that not only financial institutions, but also credit institutions, within the meaning of the Capital Requirements Regulation, are included in the proposed directive’s scope, as credit institutions are the main mortgage lenders. Authorities responsible for the supervision of credit and financial institutions should also have access to granular data on real estate assets for assessing credit and financial institutions’ exposure to transition and physical risks. See paragraphs 1.2, 1.4, 3.1 and 3.2 of the ECB Opinion.
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Text proposed by the European Commission
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2 Amendments proposed by the ECB
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Amendment 4 Article 15(5) of the proposed directive |
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‘5. Member States shall facilitate the aggregation of projects to enable investor access as well as packaged solutions for potential clients. Member States shall adopt measures to ensure that energy efficiency lending products for building renovations are offered widely and in a nondiscriminatory manner by financial institutions and are visible and accessible to consumers. Member States shall ensure that banks and other financial institutions and investors receive information on opportunities to participate in the financing of the improvement of energy performance of buildings.’ |
‘5. Member States shall facilitate the aggregation of projects to enable investor access as well as packaged solutions for potential clients. Member
States shall adopt measures to ensure that energy efficiency lending products
for building renovations are offered widely and in a nondiscriminatory manner
by credit institutions and financial institutions and are
visible and accessible to consumers. Member States shall ensure that |
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Explanation The ECB proposes to clarify that not only financial institutions, but also credit institutions, within the meaning of the Capital Requirements Regulation, are included in the proposed directive’s scope, as credit institutions are the main mortgage lenders. See paragraph 1.4 of the ECB Opinion.
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Amendment 5 Article 16(1) and (2) of the proposed directive |
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‘Energy performance certificates 1. Member States shall lay down the necessary measures to establish a system of certification of the energy performance of buildings. The energy performance certificate shall include the energy performance of a building ? expressed by a numeric indicator of primary energy use in kWh/(m2.y), ? and reference values such as minimum energy performance requirements ? , minimum energy performance standards, nearly zero-energy building requirements and zero- |
‘Energy performance certificates 1. Member States shall lay down the necessary measures to establish a system of certification of the energy performance of buildings. The energy performance certificate shall include the energy performance of a building ? expressed by a numeric indicator of primary energy use in kWh/(m2.y), and the greenhouse gas emissions in kg CO2eq/(m2.y) ? and reference values such as minimum energy performance requirements ? , minimum energy performance standards, nearly |
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Text proposed by the European Commission
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2 Amendments proposed by the ECB
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emission building requirements, ? in order to make it possible for owners or tenants of the building or building unit to compare and assess its energy performance.
2. By 31 December 2025 at the latest, the energy performance certificate shall comply with the template in Annex V. It shall specify the energy performance class of the building, on a closed scale using only letters from A to G. The letter A shall correspond to zero-emission buildings as defined in Article 2, point (2) and the letter G shall correspond to the 15% worst-performing buildings in the national building stock at the time of the introduction of the scale. Member States shall ensure that the remaining classes (B to F) have an even bandwidth distribution of energy performance indicators among the energy performance classes. Member States shall ensure a common visual identity for energy performance certificates on their territory.’ |
zero-energy building requirements and zeroemission building requirements, ? in order to make it possible for owners or tenants of the building or building unit to compare and assess its energy performance. 2.
By 31 December |
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Explanation To facilitate credit institutions’ and financial institutions’ compliance with reporting requirements on climaterelated risks (e.g., under the Pillar 3 environmental, social and governance risk disclosures) and to comply with the proposed renovation targets, a speedy and earlier adoption of the new energy performance certificates (EPCs) is important. Therefore, the ECB suggests to bring forward the harmonisation of EPCs to the end of 2024. The proposed directive also aims at reducing both energy consumption and greenhouse gas emissions. The different energy performance classes should accurately and effectively reflect this and take both dimensions into consideration. See paragraphs 4.1 and 4.2 of the ECB Opinion.
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Text proposed by the European Commission
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2 Amendments proposed by the ECB
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Amendment 6 Article 19 of the proposed directive |
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‘Databases for energy performance of buildings 1. Each Member State shall set up a national database for energy performance of buildings which allows data to be gathered on the energy performance of the buildings and on the overall energy performance of the national building stock. The database shall allow data to be gathered related to energy performance certificates, inspections, the building renovation passport, the smart readiness indicator and the calculated or metered energy consumption of the buildings covered. 2. The database shall be publicly accessible, in compliance with Union and national data protection rules. Member States shall ensure access to the full energy performance certificate for building owners, tenants and managers, and to financial institutions as regards the buildings in their investment portfolio. For buildings offered for rent or sale, Member States shall ensure access to the full energy performance certificate for prospective tenants or buyers. 3. Member States shall make publicly available information on the share of buildings in the national building stock covered by energy performance certificates and aggregated or anonymised data on the energy performance of the buildings covered. The public information shall be updated at least twice per year. Member States shall make anonymised or aggregated information available to public and research institutions such as National Statistics Institutes, upon request. 4. At least once per year, Member States shall ensure the transfer of the information in the national |
‘Databases for energy performance of buildings 1. Each Member State shall set up a national database for energy performance of buildings which allows data to be gathered on the energy performance of the buildings and on the overall energy performance of the national building stock. The database shall allow data to be gathered related to energy performance certificates, inspections, the building renovation passport, the smart readiness indicator and the calculated or metered energy consumption of the buildings covered. 2. By 30 December 2024, the database shall be publicly accessible at a granular level (including elements listed in Annex V), in compliance with Union and national data protection rules. Member States shall ensure access to the full energy performance certificate for building owners, tenants and managers, and to credit institutions and financial institutions, and supervisors thereof, as regards the buildings in the investment portfolio of such credit institutions and financial institutions, the buildings that serve as collateral for mortgage lending or the buildings for which a loan for a deep renovation has been granted. Member States shall also ensure that data can be transferred by credit institutions and financial institutions to interested third parties that are directly investing in a portfolio of assets backed by real estate and real estate mortgages or that are accepting such assets as collateral. For buildings offered for rent or sale, Member States shall ensure access to the full energy performance |
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Text proposed by the European Commission
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2 Amendments proposed by the ECB
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database to the Building Stock Observatory. 5. The Commission shall, by 30 June 2024, adopt an implementing act with a common template for the transfer of the information to the Building Stock Observatory. That implementing act shall be adopted in accordance with the examination procedure referred to in Article 30(3). 6. For the purpose of ensuring coherence and consistency of information, Member States shall ensure that the national database for energy performance of buildings is interoperable and integrated with other administrative databases containing information on buildings, such as the national building cadastre and digital building logbooks.’ |
certificate for prospective tenants or buyers with no additional costs. 3.
Member States shall make publicly available granular,
including the elements listed in Annex V, and aggregated information on
the share of buildings in the national building stock covered by energy
performance certificates and aggregated or anonymised data on the energy
performance of the buildings covered. The public information shall be updated
at least quarterly Member States shall make anonymised or aggregated information available to public and research institutions such as National Statistics Institutes, upon request. 4.
At least every quarter 5.
The Commission shall, by 30 Observatory or the dedicated platform. That implementing act shall be adopted in accordance with the examination procedure referred to in Article 30(3). 6. For the purpose of ensuring coherence and consistency of information, Member States shall ensure that the national database for energy performance of buildings is interoperable and integrated with other administrative databases containing information on buildings, such as the national building cadastre and digital building logbooks. Members States shall also ensure the revision of the technical implementation |
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Text proposed by the European Commission
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2 Amendments proposed by the ECB
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standards needed for the interoperability and integration with other administrative databases containing information on buildings beyond the national level.’ |
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Explanation The ECB considers it necessary that the public can also access granular information (including the elements listed in Annex V to the proposed directive) as soon as possible, as some Member States already make this information public. Aside from credit institutions and financial institutions with investment portfolios, authorities responsible for the supervision of credit and financial institutions, and other financial market participants that invest in real estate-backed products, such as mortgage portfolios, asset-backed securities or covered bonds, or accept such assets as collateral, need access to energy performance data of the underlying real estate for their own climate risk assessments and disclosures. To ensure the best use of EPC data, public information should be updated more frequently. EPC data will be integrated in the strategy and risk management of credit institutions and financial institutions and are also used by policymakers and supervisors. Therefore, it is essential that these data are up-to-date. To broaden the usability of collected information for decision making purposes, the ECB suggests that the proposed directive also provides for a revision of the technical implementation standards needed for the interoperability and integration with other building related databases beyond the national level. See paragraphs 3.1, 3.2, 3.3, 3.4, 3.5, 3.6, 4.1, 4.2 and 7.1 of the ECB Opinion.
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Amendment 7 Annex I to the proposed directive Common general framework for the calculation of energy performance of buildings (referred to in Article 4) |
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‘1. The energy performance of a building shall be determined on the basis of calculated or metered energy use and shall reflect typical energy use for space heating, space cooling, domestic hot water, ventilation, built-in lighting and other technical building systems. ? Member States shall ensure that the typical energy use is representative of actual operating conditions for each relevant typology and reflects the typical user behaviour. Where possible, typical energy use and typical user |
‘1.
The energy performance of a building shall be determined on the basis of |
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Text proposed by the European Commission
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2 Amendments proposed by the ECB
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behaviour shall be based on available national statistics, building codes and metered data. ? […]’ |
and typical user behaviour shall be based on available national statistics, building codes and metered data. […]’ |
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Explanation The ECB suggests aligning the wording used in Annex I with Article 16(1) of the proposed directive.
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Amendment 8 Annex V to the proposed directive Template for Energy Performance Certificates (referred to in Article 16) |
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‘1. On its front page, the energy performance certificate shall display at least the following elements: […] i) the greenhouse gas emissions class (if applicable). […]’
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‘1. On its front page, the energy performance certificate shall display at least the following elements: […] i)
the greenhouse gas emissions class (if applicable); j) useful floor area; k) reference floor area; l) number of floors; m) year of construction; n) unique building identification. […]’ |
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Explanation The proposed directive should include ‘useful floor area’ and ‘reference floor area’ in the list of elements referred to in Annex V to the proposed directive. These elements must be displayed on the EPC and, together with other variables, such as the number of floors and the year of construction, allow for comparison across building stock. In addition, the ECB suggests to include the unique building identification. This is crucial for linking information with other data sources allowing interoperability and avoiding duplication of reporting requirements. See paragraphs 3.4 and 3.5 of the ECB Opinion.
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Text proposed by the European Commission
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2 Amendments proposed by the ECB
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Amendment 9 Annex VII to the proposed directive Comparative Methodology Framework to Identify Cost-Optimal Levels of Energy Performance Requirements for Buildings and Building Elements |
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‘The comparative methodology framework shall enable Member States to determine the energy ? and emission ? performance of buildings and building elements and the economic aspects of measures relating to the energy ? and emission ? performance, and to link them with a view to identifying the cost-optimal level. […]’ |
‘The comparative methodology framework shall enable Member States to determine the energy ? and emission ? performance of buildings and building elements and the economic aspects of measures relating to the energy ? and emission ? performance, and to link them with a view to identifying the cost-optimal level of energy performance requirements. […]’ |
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Explanation The ECB suggests clarifying the scope of this provision to make clear against what variable the cost balance should be achieved.
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[1] COM(2021) 802 final.
[2] See the 2022 climate risk stress test, July 2022, available on the ECB’s Banking Supervision website at www.bankingsupervision.europa.eu.
[3] Owners in Member States with a relatively high level of energy efficiency (taking into account the local climate) would be required to renovate their building even though the building is relatively energy efficient from a Union-wide perspective. It is acknowledged that the availability of a (mostly local) labour force could be a limiting factor in some Member States.
[4] A more accurate, but simple methodology to harmonise EPCs could be to find a common indicator at Union level as main driver, such as primary energy use in kWh/(m2.y) or CO2 emissions or preferably the combination of both, then calculate it for al buildings and divide the results into seven classes. To complement the information from EPCs on the energy efficiency, based on primary energy use in kWh/(m2.y), an upper limit on acceptable greenhouse gas emissions (kgCO2eq/(m2.y) for each EPC class could be considered to ensure a speedier decarbonisation of real estate.
[5] See paragraph 2 of Annex VI to the proposed directive.
[6] Regulation (EU) 2019/2088 of the European Parliament and of the Council of 27 November 2019 on sustainabilityrelated disclosures in the financial services sector (OJ L 317, 9.12.2019, p. 1).
[7] Regulation (EU) 2020/852 of the European Parliament and of the Council of 18 June 2020 on the establishment of a framework to facilitate sustainable investment, and amending Regulation (EU) 2019/2088 (OJ L 198, 22.6.2020, p. 13).
[8] Commission Delegated Regulation (EU) 2021/2139 of 4 June 2021 supplementing Regulation (EU) 2020/852 of the European Parliament and of the Council by establishing the technical screening criteria for determining the conditions under which an economic activity qualifies as contributing substantially to climate change mitigation or climate change adaptation and for determining whether that economic activity causes no significant harm to any of the other environmental objectives (OJ L 442, 9.12.2021, p. 1) provides the following substantial contribution criterion for the activity ‘Renovation of existing buildings’: the building renovation complies with the applicable requirements for major renovations. Alternatively, it leads to a reduction of primary energy demand (PED) of at least 30 %.
[9] See the Infrastructure for spatial information in Europe knowledge base, available at www.inspire.ec.europa.eu.
[10] Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) (OJ L 119, 4.5.2016, p. 1).
[11] See Article 19(3) and 19(4) of the proposed directive.
[12] See the 2022 climate risk stress test, July 2022, available on the ECB’s Banking Supervision website at www.bankingsupervision.europa.eu.
[13] See Article 9 of the proposed directive.
[14] See Annex I, Section 7.1, to Commission Delegated Regulation (EU) 2021/2139; Annex I to Commission Delegated Regulation (EU) 2022/1288 of 6 April 2022 supplementing Regulation (EU) 2019/2088 of the European Parliament
[15] See Article 15(4) of the proposed directive.
[16] See Article 2, point (36) of the proposed directive.
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