Requirements of the Directive
2010/31/EU (EPBD)
>> Transposition/Implementation
>> Improvements in the draft Law
Round Table “Energy Efficient Ukraine: First Results and
New Tasks Until 2020”
Kiev, 18.05.2015
Borko Raičević, Energy Efficiency Expert
Energy Community Secretariat
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THE COMMON LEGAL FRAMEWORK
By signing the Energy Community Treaty, the Contracting
Parties committed to transpose and implement the
relevant EU acquis communautaire:
► Gas (Third package) (3 Directives, 2 Regulations)
► Electricity (Third package) (2 Directives, 3 Regulations)
► Environment (3 Directives)
► Competition (some provisions of the Treaty)
► Renewable energy sources (RES Directive)
► Energy efficiency (3 Directives + labelling regulations)
► Antitrust and state aid (some provisions of the Treaty)
► Statistics (1 Directive, 1 Regulation)
► Oil (1 Directive)
Energy Community Secretariat
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ENERGY EFFICIENCY DIRECTIVES
MINISTERIAL COUNCIL DECISIONS (Dec. 2009 - Sep. 2014):
 DIRECTIVE 2006/32/EC ON ENERGY END USE EFFICIENCY AND ENERGY
SERVICES (ESD)
 By 31 December 2011
DIRECTIVE 2010/31/EU ON THE ENERGY PERFORMANCE OF BUILDINGS
(EPBD) – RECAST DIRECTIVE 2002/91/EC
 By 30 September 2012
 DIRECTIVE 2010/30/EU ON LABELING OF ENERGY-RELATED PRODUCTS
(ELD - RECAST DIRECTIVE 92/75/EEC) AND IMPLEMENTING
DIRECTIVES/DELEGATED ACTS
•
By 31 December 2011 (ELD ) / 1 January 2016 (new labelling regulation)
EU Directive 2012/27/EU on Energy Efficiency :
ongoing process - MC Recomandations (2013 );Impact Assessment Study
(2014); adpatations to be prepared for MC meeting in October 2015
Energy Community Secretariat
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ENERGY INDICATORS 1/3
Energy Community Secretariat
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ENERGY INDICATORS 2/2
Energy Community Secretariat
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MULTIPLE BENEFITS OF ENERGY EFFICIENCY
Source:
IEA 2014
Energy Community Secretariat
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DIRECTIVE 2010/31/EU (EPBD)
Focused on EE improvements in building stock:
The common framework / methodology for calculating the integrated EPB
Minimum EP requirements for new and existing buildings, building units and
technical building systems,
Increasing the number of nearly zero energy buildings - national targets
and plans
Certification of buildings,
Financial incentives,
Regular inspection of heating and air-conditioning systems,
Independent control system
Key transposition approaches: amendments of the law for buildings
/ certain provisions in EE law / package of secondary legislation /
standards
Energy Community Secretariat
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EPBD implementation roadmap
Study on “Energy Efficiency in Buildings in the Contracting Parties of the
Energy Community” - Roadmap for implementation of EPBD (2012)
Energy Community Secretariat
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Energy Efficiency Coordination Group
 Regional Group; supports harmonised implementation of the EPBD in the Energy
Community; platform for sharing experience; implementation partner for the TA and
investment programmes.
 EECG Work Programme 2015– 2016 includes topics relevant to EPBD:
1. Energy performance requirements/ cost-optimal level
(National calculation methodology, Input database and calculation software)
2. Nearly zero energy building concept/Action Plan
(Promotion of existing applications and concepts; Development of the NZEB
targets and Action Plans)
3. Certification of buildings and inspections of systems
(Regulation; Reports; Trainings; Independent control systems; Registries)
 Strong donor’s support (EU/EC, EBRD, GIZ, World Bank, USAID, bilateral TA
projects)
Energy Community Secretariat
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EPBD – progress in implementation
In accordance with D 2010/31/EU and MC Decision (2010), Contracting Parties were
obliged to:
Calculate cost-optimal levels of minimum EP requirements using the
comparative methodology framework established by Commission and report to ECS
by 30 June 2013 (EPBD, Article 5)
Submit the List of existing and proposed measures and instruments which
promote the objectives of the EPBD by 30 June 2013 (EPBD, Article 10)
Report on the progress of CPs in increasing the number of nearly zero-energy
buildings by 30 December 2013 (EPBD, Article 9)
Common reporting template was prepared by Secretariat and Energy Efficiency
Coordination Group. Countries reported on the progress in implementation (February
2013, updates during 2013 and 2014).
EEAPs (2013) also included reporting on implementation of EPBD and supporting
measures.
Energy Community Secretariat
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UKRAINE - EE ACQUIS TRANSPOSITION
STATUS (STATUS APRIL 2015)
Energy Community Secretariat
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Ukraine – key issues (energy efficiency)
 An (outdated) Law on Energy Conservation of 1994.
 Progress on energy labelling: the Government ‘s Decree and Technical Regulation on
Energy Labelling transposed Directive 2010/30/EU and the Delegated Regulations.
 A significant number of acts of primary and secondary legislation remains to be
adopted:
‒ Draft Law on Energy Efficiency;
‒ Draft EEAP 2012-2020;
‒ Draft Law on Energy Efficiency in Buildings;
‒ ESCO Law.
 Package of secondary legislation on energy efficiency in buildings is missing.
 Real implementation is still a challenge.
Energy Community Secretariat
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Drafting the Law on Energy Efficiency in
Buildings compliant with EPBD
2012 process was not successful (EU/ USAID/ ECS involvement)
The ECS proposed amended version of the Law (March 2015) including the addition of
the missing articles from the EPBD, in the Ukrainian current draft. This was followed by
EC comments (March 2015), to make the Law compliant with EPBD
Constant communication with State Agency for Energy Efficiency and Energy Saving,
Ministry of Regional Development, Building and Housing and Communal Services of
Ukraine
However, draft Law that was circulated for inter-service consultations didn’t include
suggested provisions by ECS/EC and need amendments to be compliant with EPBD
ECS prepared comparison table with key amendments necessary for compliance with
EPBD (distributed)
ECS is ready to further support the finalization and approval of the Law, and later,
preparation of the secondary legislation to implement the law.
Involvement of donor community would be essential (EU, EBRD, GIZ etc.)
Energy Community Secretariat
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Drafting the Law on Energy Efficiency in
Buildings compliant with EPBD
ARTICLE 1. TERMS AND DEFINITIONS
• ‘major renovation’, ‘cost-optimal level’ , ‘building element’ sould be included for the
corect transposition of EPBD
• EPBD definitions existing in other legislation (‘cogeneration’, ‘primary energy’,
‘European standards’, ‘heat pump’ ‚district H&C ‘etc.) should be clearly mentioned in
the law and reported to ECS in line with EPBD Article 28 (2)
Energy Community Secretariat
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Drafting the Law on Energy Efficiency in
Buildings compliant with EPBD (cont.)
ARTICLE 6. (GENERAL FRAMEWORK FOR THE CALCULATION OF ENERGY PERFORMANCE
OF BUILDINGS)
>> Key issues defined in Annex I of EPBD:
•
Calculated or actual annual energy for typical usage
•
Shall include EP and numeric indicator of primary energy
The EP methodology shall be laid down taking into consideration:
•
Thermal characteristics
•
Building services – heating, cooling, ventilation, lighting, hot water
•
Renewable energy systems
•
Passive solar systems and solar protection;
•
Design (including passive measures), position (Climate) and orientation
•
For all different types of domestic and non-domestic buildings
>> NEXT: adoption of the Methodology for calculating the energy performance of buildings and
adoption of relevant supporting CEN standards
Energy Community Secretariat
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Drafting the Law on Energy Efficiency in
Buildings compliant with EPBD (cont.)
Article 7. The minimum EP requirements for energy performance of buildings
>> To be calculated and set using the EP methodology
>> Implemented through Technical regulation on minimum EP requirements
•
For new/existing buildings subject to major renovation /building units/ are set with a view to achieving
cost-optimal levels.
•
Setting requirements for technical building systems
•
Reporting on calculations as part of NEEAP (proposal)
•
Ensuring analysis of high-efficiency alternative systems (new and renovated buildings) such as:
 decentralized energy supply systems based on energy from renewable sources
 cogeneration
 district or block heating or cooling
 heat pumps
>> NEXT: Technical regulation on minimum energy performance requirements, National EP
calculation software
Energy Community Secretariat
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Drafting the Law on Energy Efficiency in
Buildings compliant with EPBD (cont.)
Certification of the EP of buildings (Atr. 8-10)
• Extensive coverage in the draft Law
• Clarified some transposition gaps:
 Content of the certificate better explained
 Issue of EP Certificate: removed 500m2 threshold for rented or sold buildings
 Issue and display of EP certificate for for buildings occupied by a public authority and
frequently visited by the public: threshold of 500 m2 reduced to 250 m2 (based on EPBD
requirement for Contracting Parties to reduce threshold by September 2015)
 Obligation for buildings having an EPC to state their rating when advertised in media
• Leading role by public authorities – they shall take measures to implement recommendations on
increasing a level of EP that are specified in the EP certificate.
>> NEXT: Secondary legislation on energy certification of buildings
Energy Community Secretariat
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Drafting the Law on Energy Efficiency in
Buildings compliant with EPBD (cont.)
Regular inspection of heating (above 20kW) and air-conditioning systems (above 12kW)
and inspection reports
 done at regular intervals
 reduced if an automatic monitoring scheme is in place
 all accessible parts
 assessment of efficiency and sizing
 alternative measures that have an equivalent energy saving impact
• Only general provisions inserted in the draft law
>> NEXT: Secondary legislation
• New Article 13: Introduction of system of a control for energy performance certificates in order
set by the Cabinet of Ministers of Ukraine upon consultation with the Energy Community
Secretariat
Energy Community Secretariat
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Drafting the Law on Energy Efficiency in
Buildings compliant with EPBD (cont.)
Article 13. National plans for increasing the number of nearly zero-energy buildings (NZEBs)
EPBD requirement:
 By 30 June 2021, all new buildings should be NZEBs
 After By 30 June 2019, new buildings occupied and owned by public authorities to be NZEBs
 Contracting Parties shall draw up national plans for increasing the number of NZEBs
•
Only General provisions in the draft Law
•
Key elements of the NZEBs Plan inserted:
 Targets
 Policies to be developed that encourage building to be refurbished towards NZEB standards
 Public sector to take the lead
>> NEXT: National plans for increasing the number of nearly zero-energy buildings, starting
January 2016
Energy Community Secretariat
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Drafting the Law on Energy Efficiency in
Buildings compliant with EPBD (cont.)
Article 14. Financing of measures on ensure (increase) the energy performance of
buildings
• Added:
 State support for construction and major renovation of buildings is provided taking into
account cost-optimal level of energy performance
 In order to promote the energy performance of buildings and the transition to the nearly
zero-energy buildings, the central executive body that ensures the formation of state
housing policy and policy on housing and utilities is forms a corresponding list of existing
measures and instruments and, where appropriate, offers actions and instruments,
including those with a financial nature. This list is part of NZEB action plan and
submitted to the Energy Community Secretariat
Energy Community Secretariat
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EPBD implementation roadmap
Energy Community Secretariat
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Thank you
for your attention!
www.energy-community.org
Energy Community Secretariat
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